Nottingham Forest Football Club has appealed the decision of an independent Commission to impose a four-point deduction on the club, after its admission of a breach of the Premier League’s Profitability and Sustainability Rules.
The club lodged the appeal to the Chair of the Judicial Panel today, who will now appoint an Appeal Board to hear the case.
Supporting documents for legislation which introduces an independent regulator for professional clubs in the English football pyramid.
Impact assessment: Regulation of English men’s professional football
ECHR memorandum
Fact sheet - overview
Fact sheet - the Independent Football Regulator (IFR)
Fact sheet - licensing regime
Fact sheet - owners and directors of regulated clubs
Fact sheet - duties on clubs and competition organisers
Fact sheet - financial distribution backstop mechanism
Fact sheet - investigations, enforcement, and appeals
The Football Governance Bill - Regulation of English men’s professional football: RPC Opinion (Green rated)
Details
The Football Governance Bill will establish an Independent Football Regulator (IFR) with the primary purpose of ensuring that English football is sustainable and resilient for the benefit of fans and the local communities football clubs service.
The Bill delivers on the government’s longstanding commitment to support, promote and protect the national game. In 2019, the government committed to a Fan-Led Review of Football Governance in its manifesto. This was carried out in 2021 by Tracey Crouch CBE MP, and recommended that an independent regulator be established on a statutory footing.
In February 2023 the government published its plans for reform in the white paper ‘A sustainable future: reforming club football governance’. There was a targeted consultation on these proposals, which invited comments from a range of stakeholders, including all 116 football clubs in the top 5 tiers of English football, the relevant leagues and existing footballing bodies, fan groups, legal experts, industry experts, leading academics, and civil society organisations.
The government’s response to the consultation was published on 7 September 2023.
The Impact Assessment has been reviewed by the Regulatory Policy Committee and assessed as fit for purpose.
The Premier League has today referred Leicester City FC to an independent Commission for an alleged breach of Profitability and Sustainability Rules (PSRs) and for failing to submit their audited financial accounts to the League.
The alleged breach relates to the assessment period ending Season 2022/23, when the club was a member of the Premier League.
Leicester City were relegated to the EFL Championship prior to the introduction of the Premier League’s new Standard Directions, which prescribe a timeline within which PSR cases should be heard. Therefore, the proceedings will be conducted in accordance with a timetable to be set by the independent Commission, and its final decision will be published on the Premier League’s website.
The FEI Tribunal has issued its Final Decision in a human doping case.
This case involves an adverse analytical finding for the prohibited substances listed in Class S1.1 Anabolic Androgenic Steroids, of the World Anti-Doping Agency (WADA) Prohibited List 2022.
A sample taken from the Polish Dressage athlete Katarzyna Milczarek (FEI ID 10003275) on 7 August 2022, during the FEI World Championships held in Herning (DEN), returned positive for Testosterone and metabolites. The athlete was notified of the violation of the FEI’s Anti-Doping Rules for Human Athletes (ADRHA) and provisionally suspended on 27 September 2022.
In its Final Decision, the FEI Tribunal decided to suspend the athlete for a period of 16-months, commencing from the date of the Operative Decision, for the violation of article 2.1 of the ADRHA – presence of a prohibited substance in the athlete’s sample. The Provisional Suspension already served, was credited against the imposed ineligibility period and accordingly the suspension was lifted on 26 January 2024. Additionally, all results obtained by the athlete at the FEI World Championships as well as all results obtained by the athlete as of the sample collection date until the imposition of provisional suspension were disqualified.
The parties can appeal to the Court of Arbitration for Sport (CAS) within 21 days of receipt of the decision.
The FEI Tribunal’s Final Decision is available here.
The Court of Arbitration for Sport (CAS) has dismissed the appeal filed by Italian racewalker Alex Schwazer against the decision taken by the Athletics Integrity Unit (AIU) of World Athletics (WA) on 10 November 2023 (the Challenged Decision) in which his application, pursuant to Rule 10.7.1 (a) of the World Athletics Anti-Doping Rules (WA ADR), to suspend the eightyear period of ineligibility,starting from 11 August 2016, imposed on him for hissecond doping offence was rejected.
WA denied the Athlete’s “Substantial Assistance Application” following the negative assessment issued by the World Anti-doping Agency (WADA) in relation to this matter.
The Challenged Decision is confirmed, and the period of ineligibility imposed on Alex Schwazer remains in force.
Rule 10.7.1 (a) of the WA ADR enables athletes serving a period of ineligibility to apply for the suspension of part of such period upon provision of substantial assistance in discovering or establishing other anti-doping rule violations.
The CAS Panel has issued the operative part of its decision. The reasoned award will be notified to the parties in due course and published by CAS unless the parties request confidentiality.
Rugby League player Tom Curwen, of Workington Town, has been banned from sport for a period of 18 months following Anti-Doping Rule Violations (ADRVs) for the Presence and Use of a Prohibited substance.
Mr Curwen’s Sample tested positive for amphetamine, following an In-Competition test. Amphetamine is a non-Specified stimulant and is prohibited In-Competition only.
UKAD notified Mr Curwen that he may have committed ADRVs for the Presence and Use of a Prohibited Substance and provisionally suspended him. In his response, Mr Curwen provided evidence to support his explanation showing he suffered from attention deficit hyperactivity disorder (ADHD) and used medication that contained amphetamine to treat his condition.
As an Athlete within the National Therapeutic Use Exemption (TUE) Pool for their sport, Mr Curwen was required to apply for a TUE in advance of taking amphetamine. However, at the time of Sample collection Mr Curwen did not possess a TUE. The Athlete applied retroactively for one, but the application was denied by the UKAD TUE Fairness Review Panel. UKAD therefore charged Mr Curwen with the ADRVs on 28 July 2023.
Mr Curwen admitted the ADRVs but submitted that he bore No Significant Fault or Negligence. Following the exchange of evidence and submissions, the matter was heard before a National Anti-Doping Panel (NADP) tribunal. The NADP tribunal concluded that, while Mr Curwen’s ADRVs were not ‘intentional’, he was at Fault and acted negligently in circumstances where he failed to take steps to investigate whether his medication included a Prohibited Substance or to obtain a TUE prior to taking it. The NADP tribunal therefore imposed an 18-month ban from sport.
Mr Curwen is entitled to credit for the time he spent provisionally suspended, so his ban is deemed to have commenced on 6 April 2023 and will end on 5 October 2024.
The Esports Integrity Commission (ESIC) is committed to upholding the highest standards of integrity and fair play in the esports industry. In line with this commitment, we wish to inform the public about a recent development concerning the appeal process of Peter “casle” Ardenskjold.
In 2020, Mr. Ardenskjold was sanctioned for his involvement with the exploitation of a coaching bug within CS:GO. Following a comprehensive review and subsequent appeal, we are announcing a modification to the initial sanctions imposed on Mr. Ardenskjold.
After careful consideration, the independent Appeal Chair has decided in favor of reducing Mr. Ardenskjold’s demerit points based on the appeal’s merits and the compelling evidence provided by him. This reduction has a direct impact on his eligibility, making him able to participate in the forthcoming PGL Major, as it also leads to a reduction in his Valve sanctioned Regional Major Rankings (RMR) exclusion period. This change has been communicated to and accepted by Valve.
Mr. Ardenskjold has expressed his gratitude towards ESIC and the independent Appeal Chair for their willingness to consider his appeal, submitted out of the typical timeframe, and for recognizing the significance of the new evidence he presented.
This decision reflects ESIC’s dedication to justice and the reevaluation of cases when presented with new, compelling evidence. It underscores our commitment to a fair and competitive environment for all esports participants.
We extend our best wishes to Mr. Ardenskjold and all participants in the upcoming PGL Major.
port Integrity Australia (SIA) acknowledges that Rugby Australia (RA) has imposed a one year and six months ban on athlete Kane Koteka for the Presence and Use of a Prohibited Substance.
Mr Koteka, a Rugby Union player contracted to Western Force in the Super Rugby Pacific Competition at the time, returned an Adverse Analytical Finding (AAF) from an Out-of-Competition doping control test on 16 December 2022.
Mr Koteka’s sample was analysed at the Australian Sports Drug Testing Laboratory, part of the National Measurement Institute, and the presence of Ostarine (Enobosarm) was detected.
The substance Ostarine (Enobosarm) is listed under Class S1.2 (Other Anabolic Agents) under the World Anti-Doping Code – International Standard – Prohibited List – 2022 (Prohibited List 2022). The substance Ostarine (Enobosarm) is a Non-Specified Substance and is prohibited at all times.
SIA determined that on and/or before 16 December 2022 Mr Koteka Used a Prohibited Substance, namely Ostarine (Enobosarm).
However, SIA also determined, that Mr Koteka had established, to a ‘balance of probability’ standard, that the presence of the Prohibited Substance in Mr Koteka’s system and the Use of Ostarine (Enobosarm) was likely due to cross-contamination which occurred in a private setting, and that Mr Koteka:
- did not use the Prohibited Substance intentionally;
- did not engage in conduct that he knew constituted an Anti-Doping Rule Violation (ADRV); and
- did not manifestly disregard a significant risk that he may be engaging in conduct that might result in an ADRV.
As a result, Mr Koteka’s base period of Ineligibility was two years on account of the lack of intentionality and this was further reduced by six months on account of Mr Koteka having established ‘No Significant Fault or Negligence’ applied.
The reduced ban of one year and six months commenced on 3 February 2023.
Mr Koteka is ineligible to participate in any sports that have adopted a World Anti-Doping Code compliant anti-doping policy until 3 August 2024. He is also not permitted to compete in competitions authorised by any non-signatory professional league or any international or national-level Event organisation or any elite or national-level sporting activity funded by a governmental agency.
Bangladesh player Towhid Hridoy has been fined 15 per cent of his match fee for breaching Level 1 of the ICC Code of Conduct during the third T20I against Sri Lanka in Sylhet on Saturday.
Towhid was found to have breached Article 2.20 of the ICC Code of Conduct for Players and Player Support Personnel, which relates to displaying conduct that is contrary to the spirit of the game.
In addition to this, one demerit point has been added to Towhid’s disciplinary record, for whom it was the first offence in a 24-month period.
The incident occurred in the fourth over of Bangladesh’s innings, when after being dismissed, Towhid turned around on his way back to the pavilion and remonstrated aggressively and inappropriately with the Sri Lankan players.
Towhid admitted the offence and accepted the sanction proposed by Andy Pycroft of the Emirates ICC Elite Panel of Match Referees, so there was no need for a formal hearing.
On-field umpires Sharfuddoula Saikat and Tanvir Ahmed, third umpire Gazi Sohel and fourth umpire Masudur Rahman levelled the charge.
Level 1 breaches carry a minimum penalty of an official reprimand, a maximum penalty of 50 per cent of a player’s match fee, and one or two demerit points.
Commission on preliminary consideration of anti-doping rules violations of RAA RUSADA rendered the decision that made athlete Sologub Yuriy (bodybuilding) ineligible for 4 years for violation under cl. 4.3 of the All-Russian Anti-Doping Rules, starting on the date of the decision, namely on February 13, 2024, with credit for the served period of provisional suspension, namely from October 23, 2023.
An independent Disciplinary Commission (IDC) has fined Swindon Town owner Clemente Morfuni £10,000 for failing to declare a transfer of shares in the Club, as required by EFL Regulations.
Mr Morfuni had been charged on 7 December 2023 for failing to disclose to the Club’s management the transfer of a 17.1% shareholding to Mrs Hollie Kiely in September 2022.
This led to the Club breaching its requirements to disclose to the League details of any ‘Significant Interest’ shareholder with more than 10% of voting rights and failing to update the official club website for public record.
The Club and Mr. Morfuni admitted the charges, with the latter taking full responsibility for the breach.
While the independent Disciplinary Commission acknowledged Swindon Town suffered an ‘inadvertent breach’ after Mr Morfuni’s administration error, the Club was issued with a reprimand and warning as to its future conduct.
The IDC’s Decision and written reasons are available to view on EFL.com.
- High Court in Malaysia sent club owner to jail for not paying outstanding salaries to players
- The Professional Footballers Association of Malaysia (PFAM) expects this precedent will help prevent non-payment
- "If the owner doesn’t pay, he will remain behind bars," says Malaysian player union CEO Izham Ismail
"Those who believe in good governance will be delighted," said Izham Ismail, the Chief Executive Officer of the Professional Footballers Association of Malaysia, after the Kuala Lumpur High Court ruled that an owner of two clubs will be imprisoned until he has cancelled all outstanding debts he has with players.
More than 30 players of Kuantan FA and Marcerra United FC had salary claims for the 2018 season amounting to more than six million Ringgit (approximately 1,250,000 USD). They filed their lawsuit in January 2022.
In January this year, two years after the owner was first told to settle his outstanding debts and after admitting he was liable, the High Court handed down a suspended jail sentence of seven days to give the owner time to cancel the outstanding wages. However, when the deadline expired, the owner still had not fulfilled his duties, forcing the players to ask the High Court to carry out the jail sentence.
"This is not ideal, but it is necessary," said Ismail. "Unfortunately, this case shows that football’s legal system does not force people to fulfil their obligations. The owner of these clubs apparently does not care about football decisions.
"When club leaders do not want to pay, there is no way that this can be arranged within the football industry. That’s why we decided to invoke the High Court, as it was the only way to get the players what they are due. We assume that the High Court’s decision will force the owner to take action. And otherwise, he will remain behind bars until justice is done."
Ismail expects that the High Court’s decision will change the behaviour of other club owners. "As a club owner you have a huge responsibility. And we will hold everyone who is failing the players and not taking dispute resolution seriously accountable. We don’t take the issue of non-payment lightly." To Ismail, the case underscores the need for a fairer and more just accountability in Malaysian football.
The Malaysian player union worked closely together with a law firm that supported the legal action in the High Court. According to these lawyers, the players could take other initiatives to get the money they are owed, for example by declaring the owner bankrupt or by confiscating his property.
The International Tennis Integrity Agency (ITIA) today confirms that American tennis player Casey Kania has been suspended for two years following a breach of the Tennis Anti-Doping Programme (TADP).
On 10 August 2023, at an ATP Challenger tournament in Cary, United States of America, 21-year-old Kania provided an in-competition urine sample, which contained cannabis (Carboxy-THC). Cannabis is a cannabinoid banned in competition under section S8 of the WADA Prohibited List. Kania, who reached a career-high world doubles ranking of 1317 in August 2023, did not possess a valid Therapeutic Use Exemption (TUE) for the substance.
On 7 November 2023, following laboratory analysis of the B sample, which confirmed the presence of cannabis, Kania was charged with the commission of an Anti-Doping Rule Violation (ADRV) under articles 2.1 and/or 2.2 of the TADP.
The ITIA accepted that Kania did not intentionally breach the provisions of the TADP, but the player was unable to demonstrate that they bore No Fault or Negligence for their violation. Therefore, a two-year period of ineligibility (rather than a four-year sanction for an intentional violation) was imposed, as set out in TADP article 10.2.2.
As such, Kania’s two-year period of ineligibility begins on 2 February 2024, the date that the decision was issued, and ends on 1 February 2026. The player’s results, ranking points and prize money obtained at the Cary Challenger and in subsequent events are also disqualified.
In accordance with TADP Article 10.14, during the period of ineligibility, the player is prohibited from playing in, coaching at, or attending any tennis event authorised or sanctioned by the members of the ITIA (ATP, ITF, WTA, Tennis Australia, Fédération Française de Tennis, Wimbledon and USTA).
The ITIA is an independent body established by its tennis members to promote, encourage, enhance, and safeguard the integrity of professional tennis worldwide.
An independent Appeal Board has concluded that the sanction for Everton FC’s breach of the Premier League’s Profitability and Sustainability Rules (PSRs), for the period ending Season 2021/22, will be an immediate six-point deduction.
This follows the club’s appeal of an independent Commission’s decision in November 2023 to impose a 10-point deduction for the club’s breach of the PSRs.
The appeal was heard over three days earlier this month, by an Appeal Board comprising Sir Gary Hickinbottom (Chair), Daniel Alexander KC and Katherine Apps KC.
Everton FC appealed the sanction imposed against it on nine grounds, each of which related to the sanction rather than the fact of the breach, which the club admitted.
Two of those nine grounds were upheld by the Appeal Board, which has substituted the original points deduction of 10 for six.
This revised sanction has immediate effect and the Premier League table will be updated today to reflect this.
Click here to read the independent Appeal Board’s full written reasons, which includes a two-page summary of its decision.
Appeal Boards are independent of the Premier League and member clubs. The members of the Appeal Board were appointed by the independent Chair of the Premier League Judicial Panel.
The Premier League Board is satisfied with today’s decision and that the independent disciplinary process, clearly set out in its Rules and agreed by all clubs, has been followed throughout.
The International Tennis Integrity Agency (ITIA) today confirms that Italian tennis player Andrea Rita has been suspended for a period of 15 months after admitting to breaches of the Tennis Anti-Corruption Program (TACP).
Rita, who reached a career-high ITF singles ranking of 1712 in June 2023 and is unranked on the ATP Tour, admitted to four breaches of the TACP between 2018 and 2020, including wagering on tennis matches and the failure to report a corrupt approach. The player has been fined $5,000, of which $4,000 is suspended.
23-year-old Rita co-operated fully with the ITIA investigation and accepted an agreed sanction, waiving their right to a hearing before an independent Anti-Corruption Hearing Officer. The player’s period of ineligibility began on 26 January 2024 and ends on 25 April 2025.
During the period of ineligibility, Rita is prohibited from playing in, coaching at, or attending any tennis event authorised or sanctioned by the members of the ITIA (ATP, ITF, WTA, Tennis Australia, Fédération Française de Tennis, Wimbledon and USTA) or any national association.
The ITIA is an independent body established by its tennis members to promote, encourage, enhance, and safeguard the integrity of professional tennis worldwide.
UK Anti-Doping (UKAD) has confirmed that Rugby League player Adam Rusling received a three-month ban from all sport following Anti-Doping Rule Violations (ADRVs) for the presence of Prohibited Substances cocaine and MDMA in his urine Sample. At the time of this announcement, the ban has been served and the player is free to resume participation in sport.
On 18 June 2023, UKAD collected an In-Competition urine Sample from Mr Rusling at a game between Hunslet RLFC and Cornwall RLFC. Analysis of Mr Rusling’s urine Sample returned Adverse Analytical Findings (AAFs) for benzoylecgonine, a metabolite of cocaine, and MDMA (‘ecstasy’) and its metabolite, tenamfetamine.
Cocaine and MDMA are listed under the World Anti-Doping Agency (WADA) 2023 Prohibited List as non-Specified stimulants and are prohibited In-Competition only. The WADA 2023 Prohibited List also identifies both substances as ‘Substances of Abuse’.
The UK Anti-Doping Rules (ADR), which implement the 2021 World Anti-Doping Code for sports in the UK, set out specific rules on how ADRVs relating to Substances of Abuse should be managed. Shorter bans of three months are available for such substances when found In-Competition if their ingestion takes place Out-of-Competition and in a context unrelated to sport performance.
The ADR further require that a mandatory provisional suspension is imposed when notifying an Athlete that a non-Specified Prohibited Substance (such as cocaine or MDMA) has been detected in their Sample. Therefore, Mr Rusling was notified of his AAFs and provisionally suspended by UKAD on 2 August 2023. In the player’s responses, he admitted taking cocaine and MDMA, stating he had taken both substances Out-of-Competition during the evening of 16 June 2023.
UKAD investigated the player’s responses, including instructing an independent scientific expert to examine the plausibility of the player’s explanation. Upon concluding its investigations, UKAD charged Mr Rusling on 12 December 2023 with the commission of ADRVs for the Presence of a Prohibited Substance or its Metabolites or Markers in an Athlete’s Sample. The player accepted the charges and a three-month period of Ineligibility.
The ADR provide that Mr Rusling be afforded credit for the time he spent provisionally suspended (since 2 August 2023). In this case, Mr Rusling’s ban is therefore deemed fully served by virtue of his Provisional Suspension lasting in excess of three months. UKAD shares the outcome of this case today, following the expiry of the appeal deadline.
Mr Rusling’s case follows three recent published Rugby League cases, all involving cocaine. While shorter bans may be available for cocaine and other recreational drugs designated ‘Substance(s) of Abuse’, UKAD’s Director of Operations, Hamish Coffey warns about the impact these substances have on an athlete’s health and welfare:
“Stimulants such as cocaine and MDMA are harmful and addictive, and illegal in the UK. Athletes and their loved ones can have their lives impacted by ‘recreational drugs’, so it’s simply not worth the risk to their health or reputation in sport. The anti-doping rules are in place to keep athletes safe and to maintain a fair sport. We welcome the work sports like Rugby League, in conjunction with Rugby League Cares, are doing to tackle the use of recreational drugs among players, which includes awareness, education and support for those affected.”
The Rugby Football League and Rugby League Cares, the sport’s independent charity which leads on player welfare, added:
“Rugby League supports UKAD in its testing programme of players at all levels of the sport, in and out of competition, and in this case specifically the Substance of Abuse programme following positive tests for recreational drugs – supporting players in recognising the dangers of substance misuse, and explaining the range of options for ongoing support – which in Rugby League is led by RL Cares.”
The National Center for Sports Arbitration rendered a decision against athlete Mkhitaryan David (weightlifting) for violation under cl. 4.1 and cl. 4.2 of the All-Russian Anti-Doping Rules.
The National Center for Sports Arbitration set aside the decision of RAA RUSADA Disciplinary Anti-Doping Committee No. 105/2023 dated June 29, 2023, that made the Athlete ineligible for a period of 2 years, and rendered a decision that made the Athlete ineligible for a period of 4 years, with credit for the served period of provisional suspension and ineligibility.
The FEI Tribunal has issued its Final Decision in a case involving a Prohibited Substance.
In this case, the horse Chaman Ginn (FEI ID 106DF41/ARG), ridden by Juan Benitez Gallardo (FEI ID 10105043/ARG), at the CCI4*-S in Quillota (LTU) 8-12 December 2023, tested positive for the prohibited substance O-Desmethylvenlafaxine.
The athlete was able to trace the probable source of the Banned Substance in the horse’s system back to human cross-contamination caused by his support personnel, who urinated in the box of the horse while being on medication, which was very likely to account for the positive sample.
In its Final Decision, the FEI Tribunal accepted the agreement reached between the FEI and the athlete, according to which the athlete had clearly established on a balance of probabilities, how the Banned Substance 0- Desmethylvenlafaxine entered the Horse’s system. Therefore, the period of ineligibility imposed on the athlete shall be eliminated. The athlete will also not incur any fines, however the results obtained at the event remain disqualified.
The full Decision is available here.
Following a hard-fought round, the Regional Oral Final of the Sports Law Arbitration Moot (“SLAM 2024”) competition witnessed exemplary performances from all 16 participating teams. Competing amidst a pool of 50 other teams, these remarkable students showcased exceptional skill and dedication to secure their positions in the last 8, earning the opportunity to present their cases in an in-person hearing at the esteemed Court of Arbitration for Sport (“CAS”), in front of leading sports lawyers, sports executives and judges.
The SLAM 2024 organising committee extends their appreciation to every team that participated in this highly competitive round. Each team, regardless of the outcome, demonstrated outstanding skills and commitment, contributing to the vibrant spirit of the competition.
A special acknowledgment goes out to the teams that narrowly missed the top 8, recognising their commendable efforts in presenting their arguments.
The quarter-finals, semi-finals, and finals promise thrilling matchups as the final 8 teams contend for the title of SLAM 2024 champions at the CAS in Lausanne, Switzerland, on 12-13 April 2024.
These teams, representing prestigious universities from around the world, have showcased exceptional talent and determination throughout the competition.
The universities whose teams have advanced to the in-person quarter-finals are:
- University of Ghent (Belgium)
- University of Chicago (USA)
- O.P Jindal Global University (India)
- UCLA School of Law (USA)
- University of Essex (UK)
- University of Ljubljana (Slovenia)
- Australian National University (Australia)
- University of Law (UK)
In recognition of their outstanding achievements, the winning team will receive a prize of £1,500, with £1,000 awarded to the runners-up.
We extend our sincere gratitude to the dedication of our esteemed panel of judges:
Additionally, the SLAM 2024 organising committee expresses gratitude to Charlie Kendrick (Paralegal at The Football Association & former LawInSport mentee), Chirayato Banerjee (Dual Qualified Solicitor (England and Wales) & Judge) and Ian Laing (Associate at Lombardi Associates) for their invaluable contributions in helping to run the oral qualification rounds of the competition.
For updates on the competition's progress, we invite everyone to visit our announcement page and follow our social media channels:
We would also like to thank our sponsors for their support and commitment to the competition to help develop of the next generation of sports lawyers:
- Secretariat Advisors (Gold Sponsors)
- JAMS (Gold Sponsors)
- Arnecke Sibeth Dabelstein (ASD Law) (Silver Sponsors)
- BianchiSchwald (Supporting Sponsor)
- Blackstone Chambers (Supporting Sponsor)
- Brantjes Advocaten (Supporting Sponsor)
- Global Sports Advocates (Supporting Sponsor)
- The Law Offices of Howard Jacobs (Supporting Sponsor)
- Lombardi Associates (Supporting Sponsor)
USADA announced today that Ilija Tadic, of South Bend, Ind., an athlete in the sport of para swimming, has accepted a two-year sanction for an anti-doping rule violation.
Tadic, 25, tested positive for amphetamine as the result of an in-competition sample collected at the U.S. Paralympics Swimming National Championships on December 16, 2023. He also declared the use of this substance during sample collection. Amphetamine is a Non-Specified Substance in the class of stimulants and is prohibited in-competition under the USADA Protocol for Olympic and Paralympic Movement Testing, the United States Olympic and Paralympic Committee National Anti-Doping Policies, and the World Aquatics Doping Control Rules, all of which have adopted the World Anti-Doping Code and the World Anti-Doping Agency (WADA) Prohibited List.
After investigating, USADA determined that Tadic was taking amphetamine at the direction of a physician but lacked a valid Therapeutic Use Exemption (TUE). Under the USADA TUE Policy, an athlete has the responsibility to demonstrate that the therapeutic need to treat an acute or chronic medical condition satisfies the strict criteria within the WADA International Standard for TUEs (ISTUE). Although the substance was taken at the direction of a physician, Tadic chose not to pursue a prospective TUE and did not meet the criteria for a retroactive TUE. Under the applicable rules, Tadic was eligible for a reduction from the default period of ineligibility based on the specific circumstances of his case.
Tadic’s two-year period of ineligibility began on February 22, 2024, the date his provisional suspension was imposed. Tadic has been disqualified from all competitive results obtained on and subsequent to December 16, 2023, including forfeiture of any medals, points, and prizes.
In an effort to aid athletes, as well as support team members such as parents and coaches, in understanding the rules applicable to them, USADA provides comprehensive instruction on its website on the testing process and prohibited substances, how to file and update athlete Whereabouts, how to obtain permission to use a necessary medication, and the risks and dangers of taking supplements, as well as performance-enhancing and recreational drugs.
In addition, USADA manages a drug reference hotline, Global Drug Reference Online (GlobalDRO.com), conducts educational sessions with National Governing Bodies and their athletes, and distributes a multitude of educational materials, such as a supplement guide, a nutrition guide, a clean sport handbook, and periodic alerts and advisories.
USADA makes available a number of ways to report the abuse of performance-enhancing drugs in sport in an effort to protect clean athletes and promote clean competition. Any tip can be reported using the USADA Play Clean Tip Center, by text at 87232 (“USADA”), by email at This email address is being protected from spambots. You need JavaScript enabled to view it., by phone at 1-877-Play Clean (1-877-752-9253) or by mail.
USADA is responsible for the testing and results management process for athletes in the U.S. Olympic and Paralympic Movement and is equally dedicated to preserving the integrity of sport through research initiatives and educational programs.
The Premier League will now study the Football Governance Bill, working closely with Government, parliamentarians and key stakeholders. We agree it is vital that football clubs are sustainable, remain at the heart of their communities and that fans are fundamental to the game.
The Government has consistently stated that it wishes to support the Premier League’s continued global success which generates funding to help sustain the entire football pyramid. With our clubs, we have advocated for a proportionate regime that enables us to build on our position as the most widely watched league in the world. Mindful that the future growth of the Premier League is not guaranteed, we remain concerned about any unintended consequences of legislation that could weaken the competitiveness and appeal of English football.
The Premier League remains fully committed to delivering its world-leading funding to the wider game, through £1.6 billion distributed to all levels of football across the current three-year term. This significant investment will continue and includes longstanding contributions to EFL and National League clubs, as well as women and girls’ football, and the grassroots of the game.
A new white paper from the Canadian Centre for Ethics in Sport (CCES) and McLaren Global Sport Solutions (MGSS) builds on expert perspectives and experiences shared during two international symposiums hosted in Toronto, Canada. The white paper, titled Competition Manipulation and Gambling: Threats to Canadian Sport, provides a summary of the 2023 Symposium on Competition Manipulation and Gambling in Sport, outlines five key recommendations to mitigate the risks of competition manipulation, and describes recent changes in the Canadian sport gambling landscape.
“Competition manipulation – or match fixing – is rising at an alarming rate globally, and Canada is not immune to this threat. Both regulated and illegal betting markets are being exploited by bad actors and criminal organizations, who often prey on vulnerable athletes in the process. Several Canadian sports have been shown to be at heightened risk and can be influenced from abroad, including offshore betting. The Toronto symposium brought together global experts and key Canadian stakeholders on this subject; the white paper is an outcome of this important consultation and provides several strategies and recommendations to protect the integrity of Canadian sport,” said Richard McLaren, CEO of MGSS.
Co-hosted by the CCES and MGSS in May 2023, the Symposium on Competition Manipulation and Gambling in Sport brought together more than 150 delegates from sectors including athletes, national, multi, and international sport, national and provincial governments, sport gambling operators and regulators, professional sport leagues, integrity units, and law enforcement agencies. With the introduction of single-event sport betting to the Canadian market in 2021, the increased likelihood of competition manipulation and other threats to sport integrity requires a coordinated response from all stakeholders.
“Competition manipulation is a real and present threat to sport integrity and this white paper provides a clear look at the comprehensive plans that other domestic and international organizations have successfully implemented to protect athletes and sporting events. It also reinforces the need for an independently administered harmonized Canadian competition manipulation policy that’s developed with athletes and adopted by all sports in Canada. The symposium and white paper both put a heavy emphasis on the need for a comprehensive education program to support a policy and protect sport, which the CCES has been providing to the sport community,” said Jeremy Luke, CCES president and CEO. “We appreciate everyone who shared their knowledge and lived experience during the symposium and support these initiatives and thank MGSS for their expertise and collaboration.”
Read about the 2023 Symposium and the five key recommendations, and download the white paper
The EFL Board met today and considered its position in respect of recent discussions by Premier League Clubs and is clearly disappointed at their repeated failure to put forward any new funding offer for EFL Clubs that would have significant benefits for the entire football pyramid.
Over the last two years, following the recommendations of the Fan Led Review, the League and its Clubs have been pushing for a new funding offer from the Premier League and remain ready and waiting to consider and conclude a new arrangement. Whilst it has been expected on a number of occasions, the lack of positive progress once again demonstrates how difficult an issue this is for football to address, without independent input.
Despite pressure from Government, fans and united voices across the professional game, the latest development represents a further setback, and the League now awaits a formal update from the Premier League as to how it proposes to re-engage on its latest commitment to deliver “a sustainably funded financial agreement with the EFL”.
The EFL has repeatedly said that financial redistribution coupled with enhanced cost controls are needed to help achieve its over-riding objective of making EFL Clubs financially sustainable and competitive, so that they can continue to serve their supporters and communities long into the future, no matter what level of the pyramid they play in.
The League eagerly anticipates the introduction of the Football Governance Bill given it is now more important than ever that the Independent Regulator is provided necessary powers to secure the long-term sustainability of the pyramid. We look forward to continuing further engagement with Government and MPs and Peers from all parties. In particular, it is really important that work commences on the much-needed State of the Game Review at the earliest possible opportunity as this will provide the objective basis for a sustainable football model.
The International Tennis Integrity Agency (ITIA) today confirms that Croatian tennis official Marko Stojanovic has been suspended from the sport for five years and six months after admitting to breaches of the Tennis Anti-Corruption Program (TACP).
Stojanovic, a national-level official, admitted to 15 breaches of the TACP, including manipulating data from matches in which they were an official to facilitate betting.
Stojanovic, who is accredited at national level and has officiated at ITF tournaments, co-operated fully with the ITIA investigation and accepted an agreed sanction, waiving their right to a hearing before an independent Anti-Corruption Hearing Officer. Stojanovic has also been fined $25,000, of which $18,750 is suspended.
The official’s agreed sanction began on 19 February 2024 and will end at midnight on 18 August 2029.
During the suspension, Stojanovic is prohibited from officiating at, or attending any tennis event authorised or sanctioned by the members of the ITIA (ATP, ITF, WTA, Tennis Australia, Fédération Française de Tennis, Wimbledon and USTA).
The ITIA is an independent body established by its tennis members to promote, encourage, enhance, and safeguard the integrity of professional tennis worldwide.
At a Premier League Shareholders’ meeting today clubs agreed to prioritise the swift development and implementation of a new League-wide financial system.
This will provide certainty for clubs in relation to their future financial plans and will ensure the Premier League is able to retain its existing world-leading investment to all levels of the game.
Alongside this, Premier League clubs also re-confirmed their commitment to securing a sustainably funded financial agreement with the EFL, subject to the new financial system being formally approved by clubs.
The League and clubs also reaffirmed their ongoing and longstanding commitment to the wider game which includes £1.6billion distributed to all levels of football across the current three-year cycle.
The Premier League’s significant funding contributions cover all EFL clubs and National League clubs, as well as women and girls’ football, and the grassroots of the game.
Following a recommendation from its independent Concussion Working Group, World Rugby is making interim changes to the Instrumented Mouthguard (iMG) process which will apply from this weekend (8 March). The changes are being made following consultation with doctors, players and coaches who have been using iMGs in elite rugby under the new protocols which came into effect on January 1.
Players will continue to wear the iMGs in all competitions using the premium Head Injury Assessment protocols, and alerts will be detected where a player experiences a high acceleration event.
Players who have triggered an alert will receive immediate medical attention via an on-field doctor’s check. If the doctor has any concerns the player will then leave the field for a Head Injury Assessment (HIA). Players checked by a doctor and cleared to continue in the game will not be required to immediately leave the field but will still be subject to a full HIA1 assessment, either at half-time or full-time depending on when the alert takes place. All players with alerts will also undergo the post-match HIA2 test and HIA3 test after two sleeps, as per the World Rugby HIA protocol.
The Match Day Doctor still has the power to unilaterally remove any injured player for HIA assessment, or to remove a player from the game if necessary.
These interim changes have been recommended by World Rugby’s Concussion Working Group with contains representatives from unions, competitions, International Rugby Players and independent members. This interim change is being implemented due to some technical issues with the speed at which an alert notification reaches the pitch side doctor. The issue is with signal strength in some stadia and not the operation of the mouthguards themselves. The updated process will remain in place while measures to reduce the lag time on the signal are evaluated across all competitions.
Player safety remains the top priority for World Rugby, and there is a shared understanding between all stakeholders that iMGs are a key technology for the game moving forward.
Earlier this season, based on financial information submitted by the Club, the EFL’s independent Club Financial Reporting Unit (CFRU) concluded that the Club was forecasting to breach the Profitability and Sustainability (P&S) loss limits for the three-year period ending with financial year 2023/24.
The CFRU determined that it was appropriate under P&S Rule 2.9 to require Leicester City Football Club to submit a business plan to demonstrate how it planned to comply with the EFL’s P&S spending limits.
The Club argued that the relevant P&S Rule did not apply to it, meaning the CFRU had no right to require a business plan in respect of Season 2023/24.
That matter was referred by the Club to the independent Club Financial Reporting Panel (CFRP) which concluded that under the Rules as currently written, Rule 2.9 did not apply to the Club and so it was under no obligation to submit and agree to a business plan.
The CFRP decision has been published today and will help in informing the EFL on the potential Rule amendments that will be proposed for consideration by Championship Clubs in the future to ensure all Clubs are treated equally under the Rules.
Leicester City is responsible for meeting its obligations in respect of the P&S Rules which will be assessed along with the submissions of all other Clubs in accordance with the League’s established processes.
The League will be making no further comment on this matter at this time.
The CFRP decision can be found here
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Decision is a “very important” step, says Mattias Grafström, FIFA Secretary General ad interim and Chair of The IFAB’s Board of Directors
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FIFA to launch global campaign to raise awareness of concussion symptoms
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Decision is among several law changes confirmed at the 138th Annual General Meeting
The decision to make permanent concussion substitutes part of the Laws of the Game, taken by The IFAB at its 138th Annual General Meeting, was based on extensive medical research and out of concern for the welfare of the players.
"I think we’re not afraid to take on responsibilities and we really want to base all our decisions on data and also medical advice," said FIFA Secretary General ad interim Mattias Grafström following the meeting in Loch Lomond, Scotland. "This is also the basis [on which] we took the decision today on the permanent concussion substitution, which I think is a very important step moving forward," added Mr Grafström, who was confirmed as the new Chair of The IFAB’s Board of Directors.
FIFA also confirmed that it would launch a global campaign to raise awareness of how to recognise the symptoms of concussion and treat them appropriately, and that it would continue to invest in gathering more medical expertise about concussions.
“If there's any doubt about any player’s ability to continue due to a suspected concussion, then they should be taken off the pitch, they should be assessed properly,” said Noel Mooney, Chief Executive of the Football Association of Wales. “And the medical evidence we’ve got suggests there is no amount of time that will allow that to happen and let them still take part in the game. And fundamentally, the protection of the players has to come first.”
He added: “Why would you risk a player coming back onto the field who may be concussed because the only tests you can carry out at the side of a pitch won’t give you the concrete understanding of whether a player is concussed or not? So it’s very simple. If there’s any doubt about player safety, then the player should be removed from the pitch.”
The decision will be incorporated into the next edition of the Laws of the Game, which will come into effect on 1 July 2024.
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Report provides detailed overview of men’s professional football worldwide
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Close up on each of FIFA’s 211 Member Associations
FIFA has published its Professional Football Report 2023 that provides a comprehensive overview of men’s professional football across all 211 FIFA Member Associations (MAs) and launched an encyclopaedic online database to encourage clubs to seek out best practice from around the world.
The report, which is based on a survey conducted by FIFA, is split into four key areas: players, clubs, competitions (with specific focus on each country’s top-tier competition), and transfers.
It gives a detailed picture of men's club football in each member association, and in a new approach adopted this year, provides various comparative statistics both at global and confederation level.
The data is also presented in the Professional Football Landscape, the first digital database of its kind, which also includes a countdown of the different transfer windows around the globe, providing more clarity on the dates surrounding the international movement of players.
Based on the report, there were 128,694 professional male footballers at 3,986 clubs in 135 countries around the world. Mexico had both the most professional players (9,464) - with Spain (8,560) and England (5,582) next - and the most clubs (244), followed by Türkiye (136) and Argentina (118).
All member associations had made significant progress in club licensing with 88% reporting they have some form of regulations in place.
“The Professional Football Report 2023 as well as our digital platform – the Professional Football Landscape – will serve as a benchmarking tool for professional clubs, leagues, and federations around the world,” said Ornella Bellia, FIFA’s Director of Professional Football Relations & Development.
“This report gives a clear picture of not only the overall state of the game in their country but can also serve as a catalyst for future development as they draw inspiration from best practice around the world.”
The report is available here.
- Club issued with immediate two-point deduction for late payment of liabilities
- Owner Mr Dai Yongge fined six figures for non-compliance
- EFL calls on Mr Dai to adequately fund Club or sell shareholding
An independent Disciplinary Commission (IDC) has determined that Reading Football Club are to be deducted two points from the 2023/24 League One table with a further two points suspended after the Club failed to meet HMRC payment obligations in accordance with EFL Regulations.
The sporting sanction will be applied immediately resulting in the Club being deducted a total of six points in the current season, having received a one-point penalty in August 2023, before a further three points were removed in September 2023.
The suspended points deduction will be activated in the event the Club fails to pay amounts owed to HMRC, other Clubs or any other football creditor claims by the required due dates up until the end of the 2023/24 season.
Following separate charges being issued, the Club’s owner, Mr Dai Yongge, has been fined £100,000 for his repeated failures to deposit an amount equal to 125% of the Club’s forecast monthly wage bill in a designated account. He is required to pay the fine by 18 March 2024.
If Mr Dai fails to comply with the prior order of the IDC to meet the deposit requirement within 28 days a further suspended fine of £100,000 will be activated and an additional fine of £100,000 will be imposed if the money is not received within five weeks.
The EFL notes the written reasons issued by the Commission who have again opted not to disqualify Mr Dai because of the potential adverse consequences for the Club. However, as the League has previously stated, Mr Dai has demonstrated an unwillingness to support the Club’s current financial commitments, in contrast to his approach following the change of control in 2017. That is creating significant uncertainty, and the current impasse has to be broken.
Therefore, the League urges Mr Dai to provide his Club with the appropriate resources needed while at the same time accelerating his efforts to sell his majority shareholding to new owners, so that everyone associated with Reading FC, including staff, supporters and the local community, can move on and prepare for a positive future.
The IDC’s Decision and written reasons are available to view on EFL.com.
The Court of Arbitration for Sport (CAS) has registered the following appeals further to the announcement made by the International Skating Union (ISU) on 30 January 2024 by which the final standings for the Team Event in figure skating at the Olympic Winter Games Beijing 2022 were adjusted following the disqualification of the skater Kamila Valieva, a member of the Russian team:
CAS 2024/A/10354 Madeline Schizas, Piper Gilles, Paul Poirier, Kirsten Moore-Towers, Michael Marinaro, Eric Radford, Vanessa James and Roman Sadovsky, and, Skate Canada, and Canadian Olympic Committee (COC) v. International Skating Union (ISU), and, International Olympic Committee (IOC), and Russian Olympic Committee (ROC), and Figure Skating Federation of Russia, and, Aleksandr Galliamov, Victoria Sinitsina, Anastasia Mishina, Nikita Katsalapov, Kamila Valieva and Mark Kondratiuk
The Canadian Appellants in this appeal seek a ruling from CAS ordering the ISU to re-rank the figure skating Team Event at the 2022 Beijing Olympic Winter Games as follows:
i. United States of America: 67 points;
ii. Japan: 65 points;
iii. Canada: 55 points;
iv. ROC: 54 points;
v. People’s Republic of China: 52 points.
The Appellants further request that medals be awarded by the IOC, as follows:
i. Gold medal: United States of America;
ii. Silver medal: Japan;
iii. Bronze medal: Canada.
CAS 2024/A/10355 Russian Olympic Committee (ROC) v. International Skating Union (ISU)
CAS 2024/A/10360 Figure Skating Federation of Russia v. International Skating Union (ISU)
The Appellants in these separate appeals both seek a ruling from CAS ordering the ISU to re-rank the figure skating Team Event at the 2022 Beijing Olympic Winter Games as follows:
(l) ROC - Gold medal;
(2) United States of America - Silver medal;
(3) Japan - Bronze medal.
CAS 2024/A/10356 Aleksandr Galliamov, Nikita Katsalapov, Mark Kondratiuk, Anastasia Mishina, Victoria Sinitsina and Kamila Valieva v. International Skating Union (ISU)
The Appellants in this appeal are the athletes of the ROC figure skating team at the 2022 Beijing Olympic Winter Games who seek a ruling from CAS ordering the ISU to re-rank the figure skating Team Event at the 2022 Beijing Olympic Winter Games with the ROC team in first place and with the gold medal being awarded to the ROC athletes.
All four CAS arbitration procedures have just commenced. Given the early stage of the proceedings, no indication can be given as to when a hearing may take place, if any.
The FEI Tribunal has issued its final decision in an equine anti-doping case involving a Banned Substance.
In this case, a horse trained by Ignacio Flores (FEI ID 10017687/URU), tested positive for the Banned Substance Testosterone following samples taken at the CEIYJ1*100-Costa Azul (URU), 12-14 May 2023.
In its final decision the FEI Tribunal imposed two-year ineligibility period on the trainer; the provisional suspension he already served shall be credited against the imposed ineligibility period. He was also fined CHF 7,500 and asked to pay costs of CHF 2,000. The results obtained at the event were disqualified in the proceedings against the Person Responsible.
The full Decision is available here.
The International Tennis Integrity Agency (ITIA) can today confirm Miami Open Tournament Director and former tennis player James Blake has accepted a sanction for breaching tennis’ betting sponsorship rules. Blake co-operated fully with the investigation and did not contest the charge.
As a Tournament Director, Blake is considered a “covered person”, who must comply with the sport’s rules around relationships with betting operators.
The ITIA accepted that the violation was unintentional and has issued a fine of $56,250 with a further suspended fine of $131,250 and a suspended ban of 18 months. The additional fine and suspension do not come into force unless there is a further breach of the rules during the 18-month period, which started on 9 February 2024.
The TACP rules state that: “No Covered Person shall directly or indirectly, facilitate, encourage and/or promote Tennis Betting (‘Facilitation’).”
Karen Moorhouse, CEO of the ITIA, commented, “Across our members – the ATP, WTA, ITF and Grand Slams – the rules prohibit accredited individuals from having commercial relationships with betting companies.
“This case is more a matter of perception, rather than corruption. The rules apply to players, coaches, officials and accredited tournament staff - who all have the ability to influence results or have access to inside information.
“We urge anyone in the sport who is unclear or is considering commercial deals like this to get in touch with us to seek guidance.”
To download the ITIA App, which is custom-designed to support players, representatives and support staff with TACP and Tennis Anti-Doping Programme rules, click here (iOS) or here (Android).
The ITIA is an independent body established by its tennis members to promote, encourage, enhance, and safeguard the integrity of professional tennis worldwide.
The National Center for Sports Arbitration rendered a decision against athlete Mkhitaryan Vanik (weightlifting) for violation under cl. 4.1 and cl. 4.2 of the All-Russian Anti-Doping Rules.
The National Center for Sports Arbitration set aside the decision of RAA RUSADA Disciplinary Anti-Doping Committee No. 104/2023 dated June 29, 2023, that made the Athlete ineligible for a period of 2 years, and rendered a decision that made the Athlete ineligible for a period of 4 years, with credit for the served period of provisional suspension and ineligibility.
- Cameroon player union SYNAFOC launched a campaign to urge clubs to pay salaries on time
- Only seven of the 19 top-tier teams are up to date with their payments
- Union’s president Geremie Njitap says Cameroon football can seriously advance if all parties collaborate to solve issue
Cameroon player union SYNAFOC has launched a campaign to urge clubs to respect player contracts and pay salaries in a timely manner. The union introduced a monthly tool, the barometer, that indicates which clubs are up to date with their payments.
“We need to put some pressure on the Cameroonian Football Federation (Fecafoot) and the clubs, as they should help arrange that all clubs run their business professionally,” said SYNAFOC President Geremie Njitap.
“Unfortunately, we have been receiving more complaints from players about non-payment issues: they get neither their salaries nor their bonuses. This season the situation is much worse than in previous years, as the number of complaints have increased dramatically.”
Earlier this month, SYNAFOC introduced their barometer, which indicates the payment status at all clubs in the men’s top two divisions and the women’s top league.
This overview showed that only seven out of 19 MTN Elite One clubs have paid all salaries since the season kicked off in October 2023 (five months), and that seven clubs are at least four months behind with their payments. In MTN Elite Two, the situation is even worse: only two of the 16 clubs are complying with their duties, while seven have not paid their players for all five months.
Geremie and other SYNAFOC representatives have visited several clubs lately to offer players their support and to discuss the situation with the clubs’ leadership figures.
“When they try to explain their problems, clubs often say they don’t have the money, but mostly they are to blame for that,” said Geremie.
Clubs receive a significant part of their budgets from Fecafoot or the government. The FA has introduced a system that checks how clubs spend their funding, but most clubs still fail to comply with it. For example, clubs need to show evidence such as a bank payment statement to prove that players are getting paid. If they fail to prove that they have spent the first instalment of the FA’s fund properly, then clubs will not get the second instalment.
According to Geremie, a number of clubs are having serious issues with this procedure and then don’t receive all their money from the FA. “They will then use this as an excuse to not pay the players. However, the reality is that most of our clubs have to make crucial steps towards professionalisation – some don’t even have a bank account or a secretariat.”
SYNAFOC has turned to the FA with proposals that could improve the current situation, including how the federation could create a special way to allocate the money from the fund that they have blocked from the clubs directly to the players when clubs do not meet the criteria.
“Currently, the players are the ones suffering from the penalties imposed on the clubs. It is a vicious circle: their clubs don’t pay their salaries and therefore the clubs don’t receive extra money from the FA, which means that players will once again not get paid,” Geremie said.
Geremie is urging the leaders of clubs that are respecting player contracts to help raise the level of professionalism of the other teams in the country. “If we, the players, the clubs and Fecafoot get together and collaborate, then we can seriously advance football in Cameroon.”
The International Tennis Integrity Agency (ITIA) today confirms that Italian tennis player Marco Bortolotti bore No Fault or Negligence for their Adverse Analytical Finding and is therefore not subject to any period of ineligibility.
On 4 October 2023, at an ATP Challenger event in Lisbon, Portugal, Bortolotti provided an in-competition urine sample, which contained the presence of a metabolite of clostebol. Clostebol is an anabolic agent prohibited at all times under Section S1 of the World Anti-Doping Agency (WADA) Prohibited List. Bortolotti, who reached a career-high world doubles ranking of 102 in January 2024, did not possess a valid Therapeutic Use Exemption (TUE) for clostebol.
On 2 February 2024, following laboratory analysis of the B sample, which confirmed the presence of clostebol, Bortolotti was charged with the commission of Anti-Doping Rule Violation(s) (ADRVs) under articles 2.1 and/or 2.2 of the TADP.
On 5 February 2024, Bortolotti accepted that clostebol was present in their sample, and therefore admitted to the ADRVs, but provided an explanation. The player asserted that they did not intend to cheat and did not knowingly ingest clostebol, providing evidence of involuntary contamination. As part of the investigation, the ITIA sought scientific advice from the WADA-accredited laboratory in Montreal, Canada, where the sample was analysed, for expert views on the plausibility of the player’s explanation.
The laboratory performed calculations based on Bortolotti’s exposure to the clostebol and the concentration detected in their sample and confirmed, based on scientific literature, that the player’s explanation was credible.
Given all the circumstances, and consideration of recent comparable case law, the ITIA accepted that the player established the source of the clostebol metabolite in their urine sample, and that they could not reasonably have been expected to take further precautions in relation to their exposure to a prohibited substance. In addition, no provisional suspension came into effect as a result of Bortolotti’s prompt explanation and timely validation from scientific experts.
In accordance with TADP Articles 9.1 and 10.1.2, Bortolotti’s results, prize money and ranking points from the Lisbon Challenger have been disqualified; however, as the player bore No Fault or Negligence, no subsequent results of the player will be disqualified.
The ITIA is an independent body established by its tennis members to promote, encourage, enhance, and safeguard the integrity of professional tennis worldwide.
The FEI Tribunal has issued a Decision confirming the terms of the Settlement Agreement reached by the parties in an equine doping case involving a Banned Substance.
In this case, the horse Kenlock Cadillac (FEI ID: 106JG79/AUS), ridden by Rebekah Italiano (FEI ID: 10065197/AUS), tested positive for the Banned Substance Warfarin following a doping control at the CCI4*-S-Ballarat VIC (AUS), 6-7 May 2023.
The FEI notified the athlete of the positive results for the Banned Substance on 4 September 2023 and, in accordance with the Equine Anti-Doping Rules, provisionally suspended the athlete from the date of the notification. The FEI also provisionally suspended the Horse for two months from that date.
The FEI Tribunal was satisfied that the athlete had established, on a balance of probabilities, that the source of the Prohibited Substance arose from a contamination of the Horse feed by rats and consequentlythe athlete bears No Significant Fault or Negligence for the rule violation. The athlete was sanctioned with a two-month Ineligibility Period, starting from the date of the Final Decision (the Provisional Suspension already served by the athlete was credited against the imposed Ineligibility Period). The results of both, the athlete and horse, obtained at the Event were disqualified. Furthermore, the athlete was also fined with 3’000 CHF and asked to bear the costs of 1000 CHF for the B sample analysis.
The full Decision is available here.
Historic legislation to reform the governance of men's elite football in England and put fans back at the heart of the game has been introduced in Parliament today.
- ‘Independent Football Regulator’ to be enshrined in law that will give fans a greater voice in the running of their clubs
- Regulator will promote financial sustainability and will have the ability to fine clubs up to 10% of turnover for non-compliance
- Breakaway closed-shop competitions such as the European Super League to be blocked under new legislation
- Regulator will implement strengthened owners’ and directors’ tests and be equipped with backstop powers to impose a ‘new deal’ on financial distributions
The Bill comes at a critical juncture for English football, following the attempted breakaway European Super League, and a series of high profile cases of clubs being financially mismanaged or collapsing entirely.
The legislation being introduced today goes further than the Government’s manifesto commitment, establishing the new ‘Independent Football Regulator’ (IFR) as a standalone body - independent of both Government and the football authorities.
The body will be equipped with robust powers revolving around three core objectives: to improve financial sustainability of clubs, ensure financial resilience across the leagues, and to safeguard the heritage of English football.
Under the Football Governance Bill, new owners and directors will face stronger tests to stop clubs falling into the wrong hands, and face the possibility of being removed and struck off from owning football clubs if they are found to be unsuitable.
The Bill also includes new backstop powers around financial distributions between the Premier League, the English Football League (EFL) and National League. These powers mean that if the leagues fail to agree on a new deal on financial distributions, then the backstop can be triggered to ensure a settlement is reached.
For the first time, clubs from the National League (Step One in the football pyramid) all the way to the Premier League will be licensed to compete in men’s elite football competitions in England. The proposed licensing regime will be proportionate to any problems, size and circumstances and involve a system of provisional and full licences, to give clubs time to transition.
It follows a number of issues in recent years including financial mismanagement, breakaway plans for the European Super League, and changes to club names, badges and colours against the wishes of fans.
Prime Minister Rishi Sunak said:
"Football has long been one of our greatest sources of national pride. Up and down the country, it brings people together in celebration or commiseration.
"But for too long some clubs have been abused by unscrupulous owners who get away with financial mismanagement, which at worst can lead to complete collapse – as we saw in the upsetting cases of Bury and Macclesfield Town.
"This Bill is a historic moment for football fans – it will make sure their voices are front and centre, prevent a breakaway league, protect the financial sustainability of clubs, and protect the heritage of our clubs big and small."
Culture Secretary Lucy Frazer said:
"Football is nothing without its fans. We are determined to put them back at the heart of the game, and ensure clubs as vital community assets continue to thrive.
"The new Independent Regulator of Football will set the game on a sustainable footing, strengthening clubs and the entire football pyramid for generations."
All clubs will be subject to new baseline requirements enshrined in legislation irrespective of licence status, such as protections against breakaway competitions and stadium relocations.
The provisional licence will require all clubs to meet some mandatory conditions as standard, including basic requirements on fan engagement, corporate governance and financial reporting.
The regulator will then apply additional bespoke licence conditions on clubs, as necessary, to ensure they meet the necessary standards for a full licence across three key areas: financial resources, non-financial resources (such as relevant systems, policies and personnel), and fan engagement.
Fan engagement is a central tenet of the Football Governance Bill and will ensure fans are put back at the heart of the game. As part of the licence, clubs will be required to consult their fans on key off-field decisions, such as club heritage and the club’s strategic direction.
Sports Minister Stuart Andrew said:
"Football clubs are vital community assets and for far too long some fans have been taken for granted, and clubs lost to unscrupulous owners.
"Today’s Bill will pave the way for the creation of an Independent Football Regulator, ushering in greater protections to help clubs and their fans thrive over the long term."
Chair of the Fan-Led Review of Football Governance Tracey Crouch CBE MP said:
"Football fans can begin to breathe a sigh of relief in the knowledge that the next steps towards protecting the long term sustainability of the pyramid have now been taken.
"A significant amount of work has gone into this piece of legislation which will establish a truly independent force in football that will place fans and good governance at its heart."
Chief Executive of the Football Supporters Association Kevin Miles said:
"The FSA warmly welcomes the tabling of the Football Governance Bill arising from the 2021 Fan Led Review, and particularly its central proposal to introduce statutory independent regulation of the game.
"The regulator provides a means to intervene and stop clubs being run into the ground, protect the heritage of clubs, give supporters a much bigger voice in the running of the game, and prevent any chance of domestic clubs joining a breakaway European Super League.
"The regulator must be given the power to impose a financial settlement in the interests of the sustainability of the game as a whole. It is far too important to be left to the squabbling between the vested interests of the richest club owners."
In addition, today’s Football Governance Bill sets out further detail on how the IFR:
- will produce a periodic State of the Game report setting out an evidence-based analysis of any issues around financial sustainability and systemic resilience in English football.
- will assess all new owners and directors and be able to disqualify owners/officers, in the case of persistent and wilful non-compliance.
- will require clubs to meet licence conditions on fan engagement, where guidance for clubs will set out areas requiring fan consultation.
- will not be overly-interventionist and will adopt an advocacy first approach, but backed up by a broad suite of powers to investigate suspected non-compliance, compel information, and enforce if necessary.
- will have no input in on-field decisions and will act in a way that minimises any impact on sporting competitions.
The Football Governance Bill is the result of the Government’s commitment to deliver a fan-led review of football governance. Triggered after the attempted breakaway European Super League competition, the review sought to examine the industry in detail following the failure of at least 60 professional football clubs since the advent of the Premier League in 1992.
The key recommendation from the review chaired by Tracey Crouch MP was the introduction of an independent regulator of elite men’s football in England.
In parallel with the Bill’s introduction, the Government has today confirmed plans to stand up a shadow regulator that will be operational as the IFR is formally set up.
Decisions will be taken on the location of the IFR, the Chair of the regulator and other board members in the weeks and months ahead as the bill makes its passage through Parliament. This follows the appointment of the interim chief operating officer Martyn Henderson OBE in January, who will work with a team on the frameworks, policies and guidance required for the formation of the regulator.
English football remains a global success story and the Premier League is the envy of sporting competitions around the world. The Government remains fully behind its continued success.
Despite this success, the combined net debt of clubs in the Premier League and Championship had reached £5.9 billion by the end of the 2020/21 season. In the same season, the Championship reported a wage-to-revenue ratio average of 125 percent clearly demonstrating clubs were stretching themselves far beyond their means.
While our national game remains one of the UK’s greatest cultural exports, with clubs and leagues around the world modelling themselves on its success, the Government is today taking the necessary and targeted steps to ensure that continues for generations through the introduction of the independent football regulator.
Following the launch of the sample re-analysis program for the Olympic Games Rio 2016, the ITA reports that the re-analysis of a sample collected from athlete Christos Volikakis has returned an Adverse Analytical Finding¹ for SARMS LGD-4033 metabolite, a non-specified prohibited substance according to the Prohibited List of the World Anti-Doping Agency (WADA).
The sample was collected by the IOC during an in-competition anti-doping control performed on 16 August 2016 during the cycling track sprint event at the Olympic Games Rio 2016. The sample was first analysed during the Olympic Games Rio 2016 and was reported as negative with the detection methods applied by the WADA-accredited laboratory available at the time.
The athlete has been informed of the case. He has the right to request the analysis of the B-sample. If the B-sample analysis is requested and confirms the result of the A-sample, or if the B-sample analysis is not requested, the case will proceed as a confirmed anti-doping rule violation. The athlete has the opportunity to present his explanations for the positive result.
The matter will thereafter be referred to the Anti-Doping Division of the Court of Arbitration for Sport (CAS ADD) for adjudication under the IOC Anti-Doping Rules.
Given that the case is underway, there will be no further comments during the ongoing proceeding.
The International Tennis Integrity Agency (ITIA) can today confirm that Swedish tennis player Dragos Nicolae Madaras has been suspended from the sport for a period of four years and six months and fined $2,500 for breaches of the Tennis Anti-Corruption Program (TACP).
The ITIA charged Madaras with breaches of the Tennis Anti-Corruption Program (TACP) following a series of events in which Madaras refused to submit a personal device for examination when issued a request to do so by ITIA investigators.
Instead of handing over their mobile phone for examination, Madaras passed the device to their brother, Patrick, who had received accreditation to an event under the pretence of being Dragos’ hitting partner. Patrick also refused to submit the device, before departing the scene.
A hearing was held before independent Anti-Corruption Hearing Officer (AHO) Charles Hollander KC on 28 February 2024, in which AHO Hollander found Dragos Madaras to have breached sections F.2.b (failure to co-operate) and D.1.l (obtaining accreditation by misrepresentation) of the TACP.
Madaras has been provisionally suspended since 17 August 2023, and time served under provisional suspension will be credited against their period of ineligibility. As such, their suspension will end on 16 February 2028.
During the period of ineligibility, the player is prohibited from playing in, coaching at, or attending any tennis event authorised or sanctioned by the members of the ITIA (ATP, ITF, WTA, Tennis Australia, Fédération Française de Tennis, Wimbledon and USTA) or any national association.
Patrick Madaras, who has no professional role in tennis, was also found to have breached section F.2.b of the TACP and has been suspended from attending any tennis event authorised or sanctioned by members of the ITIA or any national association for a period of two years and six months.
The ITIA is an independent body established by its tennis members to promote, encourage, enhance, and safeguard the integrity of professional tennis worldwide.
To access the full decision, click here.
Welsh rugby union player Jack Little, of Beddau Rugby Football Club, has been banned from sport for a period of two years following Anti-Doping Rule Violations (ADRVs) for the Presence and Use of a Prohibited substance.
Mr Little’s Sample tested positive for higenamine, following an Out-of-Competition test. Higenamine is a Specified beta-2-agonist and is prohibited at all times.
UKAD notified Mr Little that he may have committed ADRVs for the Presence and Use of a Prohibited Substance and provisionally suspended him. In his response, Mr Little explained that he had taken a supplement called “Shredabull Untamed 2.0”, which contained an ingredient called ‘nandina domestica extract’, another name for higenamine.
UKAD charged Mr Little, who admitted the ADRVs and accepted a two-year ban.
Mr Little is entitled to credit for the time he spent provisionally suspended, so his ban is deemed to have commenced on 29 September 2023 (the date his provisional suspension started) and will expire on 28 September 2025.
UKAD takes this opportunity to remind all athletes that higenamine is a Prohibited Substance banned at all times and can often be listed by the following names:
- Nandina domestica
- Demethylcoclaurine
- Norcoclaurine
- Tinospora crispa
- Aconitum japonicum
- Gnetum Parvifolium
- Asarum hetertropoides
Athletes are advised to be vigilant in using any supplement. No guarantee can be given that any particular supplement is free from Prohibited Substances. Before taking supplements, athletes must therefore assess the need, risk and consequences to their careers.
Athletes from Brazil, Ecuador, Peru and Portugal will face more stringent Out-of-Competition (OOC) testing to be eligible for the Paris 2024 Olympic Games following the World Athletics’ (WA) Council’s approval of a recommendation from the Athletics Integrity Unit’s (AIU) Board to impose tougher testing requirements on those federations ahead of the Summer Olympics.
The four federations received clear warnings from the AIU about the insufficiency of their national testing programmes after the World Athletics Championships 2022 in Eugene. All four failed to ensure that there was proportionate OOC testing for their teams at the following World Athletics Championships in Budapest 2023. The Council has subsequently accepted the AIU’s call for all four federations to have testing eligibility conditions imposed on their athletes in order to participate in Paris 2024 as follows:
- In the ten months prior to 4 July 2024, each athlete must have undergone at least three no notice out-of-competition tests (urine and blood) including, if they compete in any event from 800m upwards, at least one Athlete Biological Passport test and one EPO test;
- The three no-notice out-of-competition tests have been conducted at least three weeks apart;
- The first of the three no-notice out-of-competition tests has been conducted no later than 19 May 2024.
This mandatory testing will affect athletes who are not part of the AIU’s Registered Testing Pool (RTP) and the stipulations are similar to the minimum regulations to which Member Federations in ‘Category A’ of Rule 15 of the World Athletics’ Anti-Doping Rules must adhere. ‘Category A’ Member Federations are deemed to have the highest doping risk and are considered a threat to the overall integrity of the sport. Under Rule 15, these four Member Federations were in ‘Category B’ and considered to have less doping risk. However, the AIU Board has taken this unprecedented step due to the federations’ failure to improve their OOC testing. By contrast, other federations who received similar warnings following the Eugene World Athletics Championships in 2022 – the Czech Republic and New Zealand – improved their testing dramatically.
“We are pleased with the Council’s decision to support the AIU recommendations. This action is tough, but necessary as we did not receive an adequate response from these federations to clear warnings we gave in the lead up to the World Athletics Championships last year,” said AIU Chair David Howman.
“In this Olympic year, we trust this will be a reminder to all Member Federations that the AIU and World Athletics are extremely serious about ensuring a level-playing field for athletes. It is up to all Member Federations to work together with their National AntiDoping Organisations to ensure their team is sufficiently tested prior to Paris 2024 and the AIU will not hesitate to refer any other federation to the Council if we do not see sufficient testing.”
AIU UNVEILS TESTING STATISTICS: IMPROVEMENT IN NATIONAL TESTING PRIOR TO BUDAPEST WORLD ATHLETICS CHAMPIONSHIPS
On a brighter note, Howman revealed national-level testing in athletics is improving but needs further strengthening to safeguard the integrity of premium events.
“Overall, national-level testing in our sport is trending in the right direction. There have been some impressive efforts across the board and this data is a lot better than preEugene.”
Unveiling testing statistics for the 49 biggest Member Federation teams in the lead-up to Budapest (link here), the AIU Chair highlighted key improvements compared to testing prior to the 2022 World Athletics Championships in Eugene. For context, 2,004 athletes competed in Budapest, compared to 1,719 in Eugene (a 17% increase). The testing statistics relate to tests conducted by either the AIU or National Anti-Doping Organisations (NADOs) in the ten months preceding the event and do not include tests conducted onsite before or during the Championships.
HIGHLIGHTS AND COMPARISONS
- 5,542 OOC tests were conducted on athletes in the lead-up period to Budapest, compared to 4,235 for Eugene (30% increase).
- 2,924 in-competition tests prior to Budapest compared to 2,124 prior to Eugene (37% increase).
- 8,466 total tests prior to Budapest compared to 6,359 for Eugene (33% increase).
- A decrease of six per cent (from 33% to 27%) in the number of athletes at the Championships with zero OOC tests in the lead-up period.
- A three-per-cent increase (from 81% to 84%) in the number of athletes who finished Top-8 in an individual event with three or more OOC tests.
- Top-8 finishers were tested on average 5.54 times OOC in the lead-up to Budapest, compared with 4.8 times in Eugene.
- Kenya (11.4), China (11.3), Ethiopia (8.9), Morocco (7.1) and USA (6) averaged the highest number of tests per athlete pre-Budapest.
The AIU is responsible for testing elite international-level athletes in its RTP, mainly those in the Top 10 of their discipline, who are likely to win medals or reach finals at major international events. To complement its high-level testing programme the AIU cooperates closely with NADOs, urging them to focus domestic RTPs on the next tier of athletes. This way, the pinnacle of the competition is well protected from athletes who emerge quickly through the rankings or produce surprise performances, or where the depth of talent means results are unpredictable.
The data published today shows the results of this collaborative approach. An event like the World Athletics Championships is huge, with more than 2,000 competitors, many of whom would not have been in any testing pool and therefore not subject to OOC testing. Consequently, 27 per cent of the 2,004 athletes in Budapest had zero OOC tests in the ten months prior to the event. However, this number drops dramatically to just six per cent for the Top-8 finishers (the finalists) in individual events. Another key finding is that 45 per cent of the athletes had three or more OOC tests, but this number rises to 84 per cent for the Top-8 finishers. In fact, Top-8 athletes averaged 5.54 OOC tests in the lead-up to the World Championships.
“The release of these statistics is in keeping with the AIU’s commitment to greater transparency and accountability to our community and to the public in general,” said Howman. “It is particularly important to release this data at the start of an Olympic year to highlight strengths and weaknesses in national testing programmes and seek appropriate responses.”
EXPLANATORY NOTE:
As part of its responsibilities, the AIU continuously monitors testing at national level, both for (i) ensuring good coordination and no redundancy with its own testing programme and (ii) for monitoring compliance with the testing requirements set out under World Athletics Rule 15.
Under the framework of Rule 15, governing National Federation Anti-Doping Obligations, which came into force in January 2019, National Federations are accountable for ensuring appropriate anti-doping measures are in place in their respective jurisdictions. Among other things, the Rule sets out minimum requirements for testing of the ‘Category A’ National Federations which are deemed to have the highest doping risk and are considered a threat to the overall integrity of the sport.
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FIFA’s annual Anti-Doping Report highlights commitment to clean football
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FIFA’s anti-doping efforts in 2023 focused on the FIFA Women’s World Cup™, with 30% increase in total number of tests per team
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Expanded testing capacities and educational support among all football confederations
FIFA published its Anti-Doping Report 2023 today, which covers FIFA’s efforts in the area from 1 January to 31 December 2023.
The report provides a quantitative overview of the testing procedures, while including further information about educational activities and further anti-doping support.
In 2023, the anti-doping programme mainly focused on the FIFA Women’s World Cup™, which saw an unprecedented increase in the number of tests carried out per participating team, with the 860 in- and out-of-competition tests conducted.
FIFA also expanded its testing capacities into the 2023 editions of the FIFA youth tournaments (the FIFA U-17 World Cup™ and the FIFA U-20 World Cup™), by stepping up out-of-competition doping control testing and introducing dry-blood spot testing also at the youth level.
Over the full year, FIFA’s testing efforts concluded in a total of 1,592 doping control tests across seven competitions, amounting to a total of 2,616 samples collected and which were analysed by 13 laboratories worldwide accredited by the World Anti-Doping Agency. Out of the samples collected, only one resulted in an adverse analytical finding, justified by a valid therapeutic use exemption.
Another key aspect of FIFA’s anti-doping programme was the collaboration with all the confederations through workshops and educational initiatives to enhance the anti-doping measures at their respective tournaments.
A particularly noteworthy example of this assistance is that FIFA signed a new agreement with Concacaf in 2023 to expand its programme. This has already resulted in eight times more doping control tests across Concacaf competitions compared to 2022. Through its ongoing collaboration with National Anti-Doping Organizations, FIFA provided additional educational support and enhanced local anti-doping infrastructure.
Anti-doping is one of FIFA’s central pillars to ensure that the game of football remains about sporting excellence, passion and team spirit.
Click HERE to download the full report.
The Court of Arbitration for Sport (CAS) has issued the operative part of its decision in the appeal arbitration procedures CAS 2023/A/10025 Simona Halep v. International Tennis Integrity Agency (ITIA) and CAS 2023/A/10227 International Tennis Integrity Agency (ITIA) v. Simona Halep:
The appeal procedures before the CAS concerned two separate charges:
1. a charge which arose from a prohibited substance (Roxadustat) being detected in a urine sample collected from Simona Halep on 29 August 2022 during the US Open; and
2. a charge that Ms Halep’s Athlete Biological Passport (ABP), in particular a blood sample given by Ms Halep on 22 September 2022, established use of a prohibited substance and/or prohibited method.
In its decision dated 22 September 2023, the International Tennis Federation (ITF) Independent Tribunal found Ms Halep guilty of both Anti-doping Rule Violations (ADRV) and imposed a four-year period of ineligibility on her.
In the appeal filed by Simona Halep at the CAS against the first instance Decision, Ms Halep requested that the sanction be reduced and be no longer than the period of the provisional suspension already served. In its separate appeal, the ITIA requested that the CAS sanction Ms Halep’s ADRVs together as one single violation based on the violation that carried the most severe sanction, and the imposition of a period of ineligibility of between four and six years.
The CAS appeal arbitration proceedings involved intensive pre-hearing processes and a three-day hearing which took place on 7-9 February 2024 in Lausanne, Switzerland. The CAS Panel heard from many lay and expert witnesses, most of whom were present in person at the hearing.
The CAS Panel has unanimously determined that the four-year period of ineligibility imposed by the ITF Independent Tribunal is to be reduced to a period of ineligibility of nine (9) months starting on 7 October 2022, which period expired on 6 July 2023. As that period expired before the appeal procedures were even lodged with the CAS, the CAS Panel has determined it appropriate to issue the operative part of the Arbitral Award as soon as practicable, together with a comprehensive media release.
The CAS Panel has also ordered the disqualification of all competitive results achieved by Ms. Halep from 29 August 2022 (the date of her positive sample) to 7 October 2022, including forfeiture of any medals, titles, ranking points and prize money. Therefore, the appeal filed by the ITIA is dismissed and the appeal filed by Simona Halep is partially upheld (her request to backdate the start of the suspension on 29 August 2022 is dismissed).
Roxadustat charge
According to Articles 2.1 and 2.2 of the Tennis Anti-Doping Programme (“TADP”), it is each player’s personal duty to ensure that no prohibited substance enters their body and players are responsible for any prohibited substances found to be present in their samples.
In this matter, a prohibited substance (i.e. Roxadustat) was found to be present in a sample collected from Ms. Halep on 29 August 2022 during the US Open. Ms. Halep did not contest liability in that she accepted that, by reasons of the presence of Roxadustat in her sample, she had committed anti-doping rule violations under Articles 2.1 and 2.2 of the TADP. However, she objected to the intentional nature of the infraction and argued that the positive test was the result of contamination.
Having carefully considered all the evidence put before it, the CAS Panel determined that Ms. Halep had established, on the balance of probabilities, that the Roxadustat entered her body through the consumption of a contaminated supplement which she had used in the days shortly before 29 August 2022 and that the Roxadustat, as detected in her sample, came from that contaminated product. As a result, the CAS Panel determined that Ms. Halep had also established, on the balance of probabilities, that her anti-doping rule violations were not intentional.
Although the CAS Panel found that Ms. Halep did bear some level of fault or negligence for her violations, as she did not exercise sufficient care when using the Keto MCT supplement, it concluded that she bore no significant fault or negligence.
Athlete Biological Passport (ABP) charge
With respect to the charge concerning Ms. Halep’s ABP, the ITIA bore the onus of establishing (to the standard of comfortable satisfaction) that Ms. Halep had used a prohibited substance and/or prohibited method. It primarily relied on a blood sample given by Ms. Halep on 22 September 2022, the results of which it alleged demonstrated the anti-doping rule violation under Article 2.2 of the TADP.
Contrary to the reasoning of the first instance tribunal, the CAS Panel determined that it was appropriate in the circumstances to consider the results of a private blood sample given by Ms. Halep on 9 September 2022 in the context of a surgery which occurred shortly thereafter. Those results, and Ms. Halep’s public statements that she did not intend to compete for the remainder of the 2022 calendar year, impacted the plausibility of the doping scenarios relied upon by the ITF Independent Tribunal. Having regard to the evidence as a whole, the CAS Panel was not comfortably satisfied that an anti-doping rule violation under Article 2.2. of the TADP had occurred. It therefore dismissed that charge.
Orders
The CAS Panel has issued the following decision:
1. The appeal filed by Simona Halep on 28 September 2023 against the decision issued on 22 September 2023 by the ITF Independent Tribunal is admissible and is partially upheld.
2. The appeal filed by the International Tennis Integrity Agency (ITIA) on 14 December 2023 against the decision issued on 22 September 2023 by the ITF Independent Tribunal is admissible and is dismissed.
3. The decision issued on 22 September 2023 by the ITF Independent Tribunal is set aside.
4. Simona Halep is found to have committed Anti-Doping Rule Violations under Articles 2.1 (presence) and 2.2 (use) of the Tennis Anti-Doping Programme 2022 as a result of the presence of a Prohibited Substance (Roxadustat) in her urine sample collected In-Competition on 29 August 2022.
5. Simona Halep is sanctioned with a period of Ineligibility of nine (9) months, commencing on 7 October 2022.
6. Credit is given to Simona Halep for her provisional suspension served since 7 October 2022.
7. All results obtained by Simona Halep in competitions taking place in the period 29 August 2022 to 7 October 2022 are disqualified, with all resulting consequences, including forfeiture of any medals, titles, ranking points and prize money.
8. The award is pronounced without costs, except for the Court Office fees of CHF 1,000 (one thousand Swiss francs) paid by each of Simona Halep in respect of her appeal and the International Tennis Integrity Agency (ITIA) in respect of its appeal, which is retained by the CAS.
9. The International Tennis Integrity Agency (ITIA) is ordered to pay Simona Halep an amount of CHF 20,000 (twenty thousand Swiss francs) as a contribution towards her legal fees and other expenses incurred in connection with these arbitration proceedings.
The reasoned award will be notified to the parties in due course. It will be published by CAS unless the parties request confidentiality.
The IFAB approved several changes to and clarifications of the Laws of the Game relating to players in relation to permanent concussion substitutes, player equipment, fouls and misconduct, and penalty kicks during its 138th Annual General Meeting (AGM), hosted by the Scottish Football Association at Loch Lomond, Scotland.
Trials confirmed
Detailed protocols for three trials in domestic competitions below the top two tiers aimed at improving participant behaviour were approved, namely:
• Only a team’s captain being able to approach the referee in certain situations.
• The introduction of cooling-off periods to allow the referee to require teams to go to their own penalty area.
• Increasing the time limit for the goalkeepers holding the ball to eight seconds, otherwise possession will revert to the opposing team.
The current guidelines to temporary dismissals in youth and grassroots football were improved. Any potential wider application will only be considered once the impact of these changes have been reviewed.
The IFAB decided to extend FIFA’s trial where the referee publicly announces the final decisions and the reasoning after a video assistant referee (VAR) review or lengthy VAR check to other competitions. Participating competitions will require permission from The IFAB and will have to commit to following FIFA’s refereeing and technology guidelines.
Changes and clarifications for the Laws of the Game 2024/25
The next edition of the Laws of the Game, which will come into effect on 1 July 2024, will feature the following changes and clarifications:
• Law 3 (The Players): Additional permanent concussion substitutions to be a competition option in accordance with the necessary protocol.
• Law 3 (The Players) and Law 4 (The Players’ Equipment): Each team must have a team captain who wears an identifying armband.
• Law 4 (The Players’ Equipment): Players are responsible for the size and suitability of their shinguards, which remain a compulsory part of their equipment.
• Law 12 (Fouls and Misconduct): Handball offences that are not deliberate, and for which penalties are awarded, are to be treated in the same way as other fouls.
• Law 14 (The Penalty Kick): Part of the ball must touch or overhang the centre of the penalty mark, and encroachment by outfield players will be penalised only if it has an impact.
Although the changes will take effect from 1 July 2024, competitions starting before that date may implement them earlier or delay their implementation until no later than the start of the subsequent competition.
Other topics
FIFA confirmed that it would launch a global campaign to raise awareness of how to recognise the symptoms of concussion and treat it appropriately, while The IFAB also requested relevant medical data analyses to be provided to the subsequent AGM in line with the amendment to Law 3 regarding this topic.
In addition, members received an update on The FA’s trials with body cameras at grassroots level and with a ban on “deliberate heading” at U-12 level and below. The IFAB also received an update on the offside trial which has been undertaken at U-18 level in Italy, and agreed to further trials.
The AGM, which was chaired and hosted by the Scottish FA, was also attended by representatives from FIFA, The FA, the Irish FA, the FA of Wales and The IFAB administration. At the meeting, FIFA Secretary General ad interim Mattias Grafström was confirmed as the new chair of The IFAB’s Board of Directors.
The Irish Horseracing Regulatory Board (IHRB) and British Horseracing Authority (BHA) are pleased to announce a new equine anti-doping & medication control initiative, underpinning their common commitment to the regulation of medicine use and zero tolerance of doping in horseracing on both sides of the Irish Sea.
Out of Competition Testing (OOCT) is a critical component of an effective, modern anti-doping strategy in sport. Both jurisdictions have increased OOCT in recent years, increasing access to and testing of Thoroughbreds at all stages of their careers. Building on this and reflecting their shared focus on participant safety and wellbeing, and the integrity of horseracing, the IHRB and BHA are now formally conducting joint OOCT operations across both jurisdictions. These inspections commenced this week with almost 250 samples taken from more than 120 horses that are entered for the upcoming Cheltenham Festival in an operation across 14 training premises in Ireland over the last two days, which saw the Head of Equine Regulation, Safety and Welfare and a Senior Veterinary Officer from the BHA join forces with the IHRB’s Deputy Heads of Veterinary Operations and Policy and other IHRB Authorised Officers.
The IHRB and BHA have agreed that when working jointly in Ireland, they will be operating under IHRB Standard Operating Procedures, and all samples will be considered as IHRB samples. When IHRB Veterinary Officers operate in Britain, it will be under BHA protocols and BHA jurisdiction. In both instances, there will be transparent exchange of any adverse results or screening findings that arise from these tests, with all samples being tested by LGC Laboratory, one of six laboratories worldwide which is recognised as a referenced laboratory by the International Federation of Horseracing Authorities.
Dr Lynn Hillyer, Chief Veterinary Officer for the IHRB commented: “The IHRB Strategy 2024-2027 commits us to close engagement with international horseracing bodies and benchmarking ourselves against best international practice. This new venture shows stakeholders and the racing public that we collaborate as professionals across both sides of the Irish Sea, sharing best practice and resources and demonstrating equally stringent regulatory processes and standards to the extent that our anti-doping and medication control programmes are interoperable.
“We are delighted to be collaborating with our BHA colleagues in this way and see it as a positive step forward that reinforces the point that there is no room for anything other than the highest standards of integrity and welfare in either jurisdiction.”
James Given, Director of Equine Regulation, Safety and Welfare said: “The BHA welcomes the collaboration with the IHRB to demonstrate to stakeholders and the public that horses running from either side of the Irish sea in each other’s races do so under the same level of scrutiny.
“Not only will our Medication Control and Anti-Doping (MCAD) team have access to more information about visiting horses, but there will be opportunities for our wider team to share ideas and best practice in other areas of our work.
“Like the IHRB, this is aligned with our aims around international collaboration, the response to racecourse accidents and the overall improvement of equine safety and welfare.”
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FIFA to facilitate inter-confederation friendlies during March match window of even years
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Algeria, Azerbaijan, Saudi Arabia and Sri Lanka will host and organise pilot project matches
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Initiative aims to provide member associations with key playing opportunities
In line with the Strategic Objectives for the Global Game: 2023-2027 and following on from the decision taken by the FIFA Council in December 2022, FIFA will implement the pilot phase of the FIFA Series during the upcoming Men’s International Match Calendar window in March 2024. The FIFA Series will see world football’s governing body support its member associations in organising international friendly matches comprising four national teams from different confederations in a single host country. The initiative will provide member associations with a more regular opportunity to face national teams from other continents, which will serve to unlock technical development opportunities previously unavailable to many of them.
The FIFA Series will also provide the participating member associations with their own additional commercial opportunities and exposure. Ahead of the full roll-out in March 2026, the pilot project will run from 18 to 26 March 2024. The forthcoming edition of the FIFA Series will feature national teams from all six confederations, and future instalments are planned during every March international match window of even years.
“The FIFA Series is a really positive step forward for national-team football at global level,” said FIFA President Gianni Infantino. “Our member associations have been telling us for a long time now of their desire to test themselves against their counterparts from all around the world, and now they can do so within the current Men’s International Match Calendar. More meaningful matches will enable far more valuable footballing interaction for players, teams and fans, and will make a concrete contribution to the development of the game.”
The FIFA Series pilot phase in March 2024 will involve the following teams:
FIFA Series: Algeria
Algeria (CAF) Andorra (UEFA) Bolivia (CONMEBOL) South Africa (CAF)
FIFA Series: Azerbaijan
Azerbaijan (UEFA) Bulgaria (UEFA) Mongolia (AFC) Tanzania (CAF)
FIFA Series: Saudi Arabia A
Cabo Verde (CAF) Cambodia (AFC) Equatorial Guinea (CAF) Guyana (Concacaf)
FIFA Series: Saudi Arabia B
Bermuda (Concacaf) Brunei Darussalam (AFC) Guinea (CAF) Vanuatu (OFC)
FIFA Series: Sri Lanka
Bhutan (AFC) Central African Republic (CAF) Papua New Guinea (OFC) Sri Lanka (AFC)
The final 16 teams have made it through to the next round of the Sports Law Arbitration Moot (SLAM 2024) competition. The teams had to compete against 50 other teams, over an oral round which is a hearing that will be presented at the Court of Arbitration for Sport (CAS) in front of leading sports lawyers.
The teams who went through had to display the moot problem for the first rounds of the competition, based on a real-world scenario that deals with the subject of anti-doping.
We would like to thank the 50 teams who entered the competition, and the judges who gave up their time to both hear and provide extensive feedback to the teams.
The next round will see the 16 teams face off in front of a panel of 3 CAS Arbitrators. The winning teams will then go through to fight it out to become winners of the SLAM 2024, at the CAS in Lausanne, Switzerland, on April 12-13, 2024. Additionally, they will have the opportunity to network and build relationships with many of the key leading figures from the sector.
The winning team will win £1,500, and the runners-up, £1,000.
Teams qualified to the Round of 16 belong to the following universities:
- University of Ljubljana, Slovenia
- O.P Jindal Global University, India
- Kenyatta University, Kenya
- Ghent University, Belgium
- University of Chicago, USA
- SMU Dedman School of Law, USA
- Australian National University, Australia
- University of Kent, UK
- University of Law, UK
- University of Maribor, Slovenia
- University of Lagos, Nigeria
- Nigerian Law School, Nigeria
- UCLA, USA
- University of Essex, UK
- University of Rijeka, Croatia
We would like to thank Charlie Kendrick (Paralegal at The Football Association & former LawInSport mentee), Chirayato Banerjee (Dual Qualified Solicitor (England and Wales) & Judge) and Ian Laing (Associate at Lombardi Associates) for their assistance in helping run the oral qualification rounds.
For updates on the competition's progress, visit our announcement page and social media channels.
We would also like to thank our sponsors for their support and commitment to the competition to help develop the next generation of sports lawyers:
- Secretariat Advisors - Gold Sponsors
- Arnecke Sibeth Dabelstein (ASD Law) - Silver Sponsors
- Global Sports Advocates - Supporting Sponsor
- Lombardi Associates - Supporting Sponsor
- BianchiSchwald - Supporting Sponsor
- The Law Offices of Howard Jacobs - Supporting Sponsor
The Court of Arbitration for Sport (CAS) has issued its decision in the appeal arbitration proceedings between the Russian Olympic Committee (ROC) and the International Olympic Committee (IOC) in which the ROC sought to set aside the decision rendered by the IOC Executive Board (IOC EB) on 12 October 2023 (the Challenged Decision) in which it was suspended from the IOC with immediate effect until further notice due to its decision to include as its members some regional sports organisations which are under the authority of the National Olympic Committee (NOC) of Ukraine (Donetsk, Kherson, Luhansk and Zaporizhzhia).
The CAS Panel in charge of this matter dismissed the appeal and confirmed the Challenged Decision, finding that the IOC EB did not breach the principles of legality, equality, predictability or proportionality.
The Arbitral Award issued by the CAS Panel is currently subject to a confidentiality review meaning that the parties might request that the Arbitral Award, or certain information contained in it, remain confidential. For this reason, the Arbitral Award will not be published immediately on the CAS website.
The CAS Panel’s decision is final and binding except for the parties’ right to file an appeal to the Swiss Federal Tribunal within 30 days on limited grounds.
THE INTERNATIONAL TESTING AGENCY (ITA) ACKNOWLEDGES THE AWARD ISSUED BY THE COURT OF ARBITRATION FOR SPORT (CAS) ON 18 JANUARY 2024 RULING THAT THE CONDUCT OF HASAN AKKUS, FORMER TURKISH WEIGHTLIFTING FEDERATION (TWF) PRESIDENT, FORMER EUROPEAN WEIGHTLIFTING FEDERATION (EWF) PRESIDENT AND FORMER INTERNATIONAL WEIGHTLIFTING FEDERATION (IWF) VICE-PRESIDENT WAS “DECEPTIVE AND REPREHENSIBLE AND […] PRONE TO CREATE SEVERE DAMAGE TO THE FEDERATIONS WHICH HAD ENTRUSTED HIM WITH TOP-LEVEL POSITIONS” BUT THAT SUCH CONDUCT DOES NOT AMOUNT TO AN ANTI-DOPING RULE VIOLATION. THE ITA WELCOMES THE IWF’S DECISION TO CHALLENGE THE CAS DECISION BEFORE THE SWISS FEDERAL TRIBUNAL.
The case against Mr. Akkus was brought forward by the ITA, on behalf of the IWF, following its investigation into a series of allegations of misconduct by some IWF Officials in June 2021. This investigation led to the life bans against former IWF President, Tamas Ajan, and Vice President, Nicu Vlad.
Following disciplinary proceedings before the Anti-Doping Division of the Court of Arbitration for Sport (CAS ADD), on 3 January 2023, the CAS ADD ruled that in 2013, Mr. Akkus tampered with the results management of 21 anti-doping rule violations committed by Turkish Weightlifters by providing false documents and therefore avoided sanctions against the TWF which he presided at the time. Mr. Akkus was sanctioned with a four-year period of Ineligibility.
Mr. Akkus appealed the CAS ADD decision before the CAS appeal division and a hearing took place on 22 August 2023.
On 18 January 2024, the CAS confirmed that “Mr. Akkus engaged in improper conduct” which included the backdating of letters and the production of documents containing falsified metadata through which “Mr. Akkus brought ‘improper influence to bear’ and prevented ‘normal procedures’ within the IWF from occurring”. The Panel further ruled that “the TWF and (potentially) Mr. Akkus himself faced a realistic risk of sanctions being imposed against them by the IWF on account of the TWF’s non-compliance with its anti-doping responsibilities. The Panel is also convinced, and concurs with the Appealed Decision, that Mr. Akkus’ improper actions had the eventual goal to avoid such negative consequences.”
Finally, the Panel found that Mr. Akkus’ “conduct was deceptive and reprehensible, and in any event prone to create severe damage to the federations which had entrusted him with top-level positions and the power to represent them in public.” However, CAS found that Mr Akkus’ behaviour could not be qualified as an anti-doping rule violation for tampering based on a “strict legal interpretation of such rule” and other legal technicalities; more specifically that Mr. Akkus was found to no longer be subject to the IWF Regulations when providing falsified documents to the ITA.
The IWF has now requested the annulment of the CAS decision before the Swiss Federal Tribunal. The ITA will not comment further on this matter until these proceedings conclude.