Area of Law: Sports Law
Answer # 2904
Drugs and Doping in Sports
Region: Ontario Answer # 2904Doping is the use of a banned substance or method to enhance the performance of an athlete. The most common types of banned ‘substances’ include the use of drugs (i.e.., anabolic steroids, human growth hormone, etc.) to boost strength, endurance, speed, recovery, or focus. The most common banned ‘methods’ include blood transfusions (increases red blood cells) and gene doping (genetic engineering to alter or active certain genes).
Governance and Anti-Doping Agencies
Depending on the sport and the level at which it is played, national and/or international rules often outline prohibited substances and conduct. While different organizations follow different guidelines, the most common include:
- The World Anti-Doping (WADA) Code – Sets global policies which all signatories must follow (FIFA, Olympic bodies, FINA etc.)
- Sport Integrity Canada – Canada
- The United States Anti-Doping Agency (USADA) – USA
- United Kingdom Anti-Doping (UKAD) – UK
- National Anti-Doping Agency (NADA) – Germany, India etc.
Doping agencies (i.e. WADA) also maintain and update the ‘Prohibited List’ (the list of banned substances) as well as set standards for testing, labs, and therapeutic use exemptions.
Breaches and Sanctions
If an athlete is caught doping, they can face a variety of consequences. These consequences are intended to punish offenders, deter cheating and ensure fairness among athletes. The most common consequences for doping include:
- Suspension/Ban: from games for a set period (or permanently)
- Under Article 10.2 of the WADA Code, two main sanctions exist:
- 4-Year Ban (this is the standard punishment)
- 2-Year Ban (if the offense was non-intentional (i.e., the athlete successfully proves lack of intent)
- Fines: from the team, league or governing bodies
- Disqualification: of results from a game or team
- Contract termination
- Loss of sponsorships or endorsement deals
- Under Article 10.2 of the WADA Code, two main sanctions exist:
It is also important to note that refusing a test without a valid reason is an anti-doping rule violation and can lead to a multi-year ban.
Strict Liability
There exists a ‘strict liability rationale’ that places the responsibility on the athlete to explain how/why the prohibited substance entered their body, not the responsibility of the league or organization. This is because it would be nearly impossible for leagues or federations to prove how a substance got into an athlete’s system. While this can feel harsh for athletes who didn’t cheat on purpose, strict rules are necessary to protect fairness, the health of all competitors, and the integrity of the sport.
Doping Defences
If an athlete tests positive for a prohibited substance, they may challenge the allegations.
The most common doping defences include:
- Contaminated Supplements: The athlete argues that the prohibited substance unintentionally entered their system through a contaminated product.
- Therapeutic Use Exemption (TUE): An athlete may present a legitimate medical condition that requires certain substance use. With approval and medical supervision, the prohibited substance may be permitted for treatment purposes.
- Testing accuracy: Disputes over results due to possible errors in sample collection or testing procedures that can lead to false positives.
- Due process: The right of athletes to fair treatment when facing disciplinary actions. This means being told about the charges, having a chance to defend themselves, and access to fair procedures like appeals, evidence review, and challenging testing results.
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