Safeguarding and GDPR: What should sports organisations know?
A guide to rights protection at major sporting: Part 3- surprises & over enforcement
A guide to rights protection at major sporting events: Part 1 - identify rights & managing risk
The Shijiazhuang 23 (Part 3) – What comes next? And what are the lessons for future anti-doping investigations?
The Shijiazhuang 23 (Part 1) – The Investigation: New York Times, ARD & USADA vs CHINADA & WADA
Swimming Athlete Suspended for Multiple Whereabout Failures
Ottawa – May 23, 2024 – The Canadian Centre for Ethics in Sport (CCES) announced today that Ruslan Gaziev, a swimming athlete, received an 18-month sanction for an anti-doping rule violation. The athlete had three confirmed whereabouts failures during a 12-month period.
In response to the CCES’s notification of the anti-doping rule violation, the athlete signed an Agreement on Consequences thereby waiving his right to a hearing and accepting the proposed sanction and all other applicable consequences. The sanction terminates on May 31, 2025.
During the sanction period, the athlete is ineligible to participate in any capacity with any sport signatory to the Canadian Anti-Doping Program (CADP), including training with teammates.
In compliance with rule 8.4 of the CADP, the CCES’s file outcome summary can be found in the Canadian Sport Sanction Registry.
Montenegrin Para Swimming Athlete Ilija Tadic Accepts Sanction for Anti-Doping Rule Violation
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
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.
Thailand athlete Worawut Marnnok receives two-year ban for anti-doping rule violation
The International Paralympic Committee (IPC) has banned Para swimming athlete Worawut Marnnok for a period of two years for committing an anti-doping rule violation (ADRV), in breach of the IPC Anti-Doping Code (Code).
The Thailand athlete returned an adverse analytical finding (AAF) for two Prohibited Substances in a urine sample provided in-competition on 3 August 2022 at the 11th ASEAN Para Games 2022 in Solo, Indonesia. The test was conducted by the Asian Paralympic Committee (APC) in its role as the Major Event Organisation for the 11th ASEAN Para Games.
The substances were chlorothiazide and hydrochlorothiazide. The substances are included on the World Anti-Doping Agency (WADA) 2022 Prohibited List under the class S5 (Diuretics and Masking Agents). They are both Specified Substances for the purposes of the Code.
The APC had initial results management authority for the athlete’s case, pursuant to the APC’s anti-doping rules, in relation to determining whether the athlete had committed an ADRV and the disqualification of any results from the 11th ASEAN Para Games.
The athlete was provisionally suspended by the APC on 29 September 2022 pending a resolution of his case.
On 31 March 2023, the APC issued a reasoned decision confirming that the athlete had committed an ADRV and disqualifying the athlete’s results from his competition at the 11th ASEAN Para Games, together with all resulting consequences, including forfeiture of all related medals, points and prizes.
Following this, the matter was transferred to the IPC as the international federation for the athlete’s sport (Para swimming) – to determine any further applicable consequences for the athlete, including any period of ineligibility as per the terms of the Code.
The athlete accepted the consequences proposed by the IPC in resolution of his case. As a result of his violation, the athlete will be ineligible for competition and other sporting activities (other than authorised anti-doping education or rehabilitation programmes) for two years from 29 September 2022 to 28 September 2024.
All results obtained by the athlete from the date the athlete’s sample was collected (3 August 2022) until the commencement of the Provisional Suspension (29 September 2022) were disqualified, with all resulting consequences, including forfeiture of any medals, points and prizes.
Each athlete is strictly liable for the substances found in their sample. An ADRV occurs whenever a prohibited substance (or its metabolites or markers) is found in their bodily specimen, whether or not the athlete intentionally or unintentionally used a prohibited substance or was negligent or otherwise at fault.
As a signatory of the World Anti-Doping Code (the WADC), the IPC remains committed to a doping-free sporting environment at all levels. The IPC has established the IPC Anti-Doping Code in compliance with the general principles of the WADC, including the WADC International Standards, expecting that, in the spirit of sport, it will lead the fight against doping in sport for athletes with an impairment.
Swimming Athlete Wyatt Davis Accepts Sanction for Anti-Doping Rule Violation
USADA announced today that Wyatt Davis of Ann Arbor, Mich., an athlete in the sport of swimming, has accepted a three-month period of ineligibility for an anti-doping rule violation.
Davis, 22, tested positive for 11-nor-9-carboxy-tetrahydrocannabinol (Carboxy-THC), a urinary metabolite of Δ9-tetrahydrocannabinol (THC), the main psychoactive constituent of cannabis, marijuana, and hashish, above the urinary Decision Limit of 180 ng/mL, as the result of a sample collected in-competition at the Phillips 66 National Championships on June 30, 2023.
Cannabis, marijuana, and hashish are Specified Substances in the class of Cannabinoids and are prohibited in competition under the USADA Protocol for Olympic and Paralympic Movement Testing, the United States Olympic Committee National Anti-Doping Policies, and the World Aquatics Doping Control Rules, all of which have adopted the World Anti-Doping Code (the Code) and the World Anti-Doping Agency Prohibited List.
Under the 2021 Code, THC is classified under a special category, “Substances of Abuse,” that allows for a reduced three-month sanction if the athlete establishes that their use of the substance occurred out-of-competition and was unrelated to sport performance. The sanction may be further reduced to one month if the athlete satisfactorily completes a treatment program approved by USADA. While USADA will continue to advocate to WADA, the rule maker, to treat marijuana in a fairer and more effective way to identify true in-competition use, we will also continue to advocate that those in need receive treatment for substance use as needed and as required under the current rule.
Davis qualified for a reduced sanction because his use occurred out-of-competition and was unrelated to sport performance. Davis accepted a three-month period of ineligibility that began on January 2, 2024, the date he accepted the sanction. In addition, Davis has been disqualified from all competitive results obtained on and after June 30, 2023, the date his positive sample was collected, including forfeiture of any medals, points and prizes. While the matter was pending, USADA determined that Davis violated his provisional suspension by participating in an activity authorized/organized by a Code signatory’s member organization. Therefore, Davis did not receive credit for any time he spent provisionally suspended.
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
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.
Athlete support personnel
Disciplinary Anti-Doping Committee of RAA RUSADA rendered the decision that made coach Ermakova Evgeniya (swimming) ineligible for 4 years for violation under cl. 4.8 of the All-Russian Anti-Doping Rules, the period commencing on June 01, 2023.
World Aquatics Statement on Discrimination
Swimming Australia signs historic MOU with Australian Swimmers’ Association
Sanctions: Zhigalov Aleksander (Swimming)
Court of Arbitration for Sport dismisses challenge by Mexican Swimming Federation against establishment of Stabilization Committee
The Lifecycle Of An International Athlete - Key UK Income Tax Considerations For Non-Residents
A Summary Of 2021’s Key Sports Law Cases From The CAS & SFT
Gallen and Martin Complete the Swimming Australia Board
Swimming Australia is delighted to announce the appointments of Michelle Gallen and Neil Martin to its Board of Directors, effective immediately.
The appointments were endorsed at week’s Annual General Meeting and came after two Director’s terms, Bruce Havilah and Andrew Baildon, had concluded and come up for re-election.
Howe Joins Swimming Australia Board
Swimming Australia is delighted to announce the appointment of Sally Howe to its Board of Directors, effective immediately.
Howe takes the position of Abi Cleland who stood down at the end of June.
International Swimmers’ Alliance Holds First Post-Olympics Board Meeting
28 September 2021, Naples, Italy: On the sidelines of season 3 of the International Swimming League, the recently announced ISA held its first post Olympics, in-person Board meeting. “With the Olympics now over, and most of the Board members in one city, it was the perfect opportunity to get together and build some momentum” said ISA founding Board member Brent Hayden.
Swimming Australia board to work towards National Integrity Framework
The Swimming Australia Board agreed yesterday to work towards adopting the National Integrity Framework (NIF), including the operation of an independent complaints handling process to be managed by Sport Integrity Australia.
Independent Panel Members Announced
Professor Alexandra (Alex) Parker and Katherine Bates have been added to the independent panel to investigate issues related to women and girls' experience and advancement in the sport of swimming.
The CAS Ad Hoc Division dismisses the application filed by Jennifer Harding-Marlin (St Kitts and Nevis)
Tokyo, 19 July 2021 – The Ad Hoc Division of the Court of Arbitration for Sport (CAS) has issued its decision in the matter OG 20/03 Jennifer Harding-Marlin v. St Kitts & Nevis Olympic Committee (SKNOC) & International Swimming Federation (FINA). The International Olympic Committee (IOC) and the St. Kitts & Nevis Swimming Federation (SKSF) were involved in the procedure as interested parties.
CAS lifts the provisional suspension of Russian athletes Veronika Andrusenko and Aleksandr Kudashev
Lausanne, 19 July 2021 - The Court of Arbitration for Sport (CAS) has issued its decision in the urgent arbitration procedure between the Fédération Internationale de Natation (FINA) and the Russian athletes Veronika Andrusenko and Aleksandr Kudashev (collectively, the Athletes).
FINA announces ban on athlete protests on podium and pool deck at Tokyo Olympics
The International Swimming Federation (FINA) has confirmed that all athlete protests are banned from the podium and pool deck during the Tokyo Olympics.
Barrister to lead independent investigation into Swimming Australia culture
A leading barrister will lead an independent investigation into claims of an abusive culture within Australian swimming.
Chris Ronalds assisted in developing the country’s sexual discrimination laws and will now lead the independent investigation into swimmers claims that there is a culture of abuse within Swimming Australia. Ronalds will lead the investigation with an all-female panel and has requested for swimmers to come forward with any complaints they wish to make.
WADA’s interim Cottier Report and a World Aquatics audit – What next with the Shijiazhuang 23?
A guide to rights protection at major sporting events: Part 2 - educate, monitor & enforce
Independent Arbitrator Imposes Four-Year Sanction on Swimming Athlete Kensey McMahon for Anti-Doping Rule Violation
USADA announced today that an independent arbitrator has rendered a decision in the case of swimming athlete Kensey McMahon of Tuscaloosa, Ala. After an evidentiary hearing on May 2, 2024, where both McMahon and USADA were provided a full opportunity to present their cases and witnesses to the independent arbitrator, the arbitrator determined that McMahon will receive a four-year sanction after testing positive for vadadustat during an in-competition drug test at the Phillips 66 National Championships on July 1, 2023. McMahon and USADA mutually agreed to delay the arbitration hearing while McMahon remained provisionally suspended so that she could investigate the source of her positive test.
Vadadustat is a non-specified substance in the category of Peptide Hormones, Growth Factors, Related Substances and Mimetics and is prohibited at all times under the USADA Protocol for Olympic and Paralympic Movement Testing, the United States Olympic Committee National Anti-Doping Policies, and the World Aquatics Doping Control Rules, all of which have adopted the World Anti-Doping Code (the Code) and the World Anti-Doping Agency Prohibited List.
In cases involving a positive test for a non-specified substance such as vadadustat, an athlete is required to prove that their use of the prohibited substance was not intentional in order to qualify for a reduction from the default four-year sanction under the rules. McMahon received a four-year sanction because she was unable to establish through concrete evidence that her violation was not intentional. The arbitrator did not conclude that McMahon intended to cheat, only that she could not meet her burden of proof under the rules.
McMahon’s four-year period of ineligibility began on July 7, 2023, the date she was provisionally suspended. In addition, McMahon has been disqualified from all competitive results on and after July 1, 2023, the date of her positive test, including forfeiture of any medals, points, and prizes.
The decision, as well as all other arbitral decisions, can be found here.
The Shijiazhuang 23 (Part 2) – Why didn't WADA challenge CHINADA’s decision? And should they have done?
The evolution of a human rights-based approach to participation and gender eligibility in women’s sports
UKAD statement concerning WADA, CHINADA and the positive test results of 23 Chinese swimmers
UK Anti-Doping (UKAD) notes with concern the current media and sporting world commentary and speculation about serious anti-doping issues involving 23 Chinese swimmers.
UKAD, along with WADA and all Anti-Doping Organisations, has a fundamental responsibility to protect athletes’ rights to participate in doping-free sport and promote health, fairness and equality for athletes worldwide. Clean participation is essential and must be delivered in a coordinated manner linked to the International Standards and the World Anti-Doping Code.
The recent media reports and responses by WADA and several National Anti-Doping Organisations have led many athletes and the wider sporting community to question the consistency with which anti-doping processes work and how anti-doping rules are applied worldwide.
Without public access to the full details, and with speculation continuing in the media, a more transparent approach is needed.
We call on WADA, in this specific case, to now initiate an independent review of the regulatory framework and processes applied.
We hope that WADA, by expediting this process, can help ensure trust and confidence is restored in anti-doping worldwide, and clean athletes can continue to be protected and championed.
Why it’s time for a centralised safeguarding regulator in UK Sport
The Court of Arbitration for Sport (CAS) Confirms The Registration Of The Request For Arbitration Filed By US Swimmer Lia Thomas
The Court of Arbitration for Sport (CAS) confirms the registration of the request for arbitration filed by US transgender swimmer Lia Thomas (the Athlete), aimed at challenging certain parts of World Aquatics’ Policy on the Eligibility for the Men’s and Women’s Competition Categories in force as of 24 March 2023, and its associated Operational Requirements (the Challenged Provisions).
Ms Thomas accepts that fair competition is a legitimate sporting objective and that some regulation of transgender women in swimming is appropriate. However, Ms Thomas submits that the Challenged Provisions are invalid and unlawful as they discriminate against her contrary to the Olympic Charter, the World Aquatics Constitution, and Swiss law including the European Convention on Human Rights and the Convention on the Elimination of All Forms of Discrimination against Women; and that such discrimination cannot be justified as necessary, reasonable, or proportionate to achieve a legitimate sporting objective.
In bringing the matter before CAS, Ms Thomas seeks an order from the CAS declaring that the Challenged Provisions are unlawful, invalid, and of no force and effect.
The CAS arbitration proceedings commenced in September 2023. In accordance with the Code of Sportsrelated Arbitration, this “ordinary” arbitration procedure (i.e. not an appeal) was subject to strict confidentiality rules governing CAS procedures. The parties involved in this case have now agreed that general information concerning the procedure itself be communicated by the CAS Court Office. At this point, no hearing date has been fixed yet.
The registration of this case coincided with the reference number 10’000, which is the number of arbitrations (and former consultation procedures, but without ad hoc procedures and mediations) registered by the CAS since its creation in 1984. On 31 December 2023, the CAS had registered a total of 10’638 procedures (all included) since its creation and 943 in 2023 only.
The lifecycle of an international athlete - Important pension considerations
Five Sports Take The Lead In Safeguarding Their Members
Swim England turns weighing athletes’ guidance into policy
Faces in the crowd: Legal considerations for use of facial recognition technology at sports arenas
World Aquatics joins forces with Sportradar to help safeguard water polo competitions
Swimming Athlete Suspended for the Presence of Methylphenidate
Key Amendments To The Hungarian Sports Act - Major Events, Anti-Doping & Agent Regulation
Does the Shayna Jack CAS Appeal decision give hope to innocent athletes in contamination cases?
Swimming Australia Appoint Eugenie Buckley as CEO
Swimming Australia has appointed experienced sports administrator Eugenie Buckley as CEO of the organisation, effective immediately.
Currently working in an interim capacity, Buckley has been leading the organisation for the past two months. Her strategic vision and action oriented approach impressed the Board, while the Nominations Committee, who conducted the interview process, found her extensive knowledge of the sports landscape and the people first philosophy she outlined in her interviews showed her to be the lead candidate.
International Swimmers' Alliance welcomes FINA Reform Report
The International Swimmers’ Alliance welcomes FINA’s recently released reform committee report. The report identifies many of the widely held criticisms directed at the international federation that oversees aquatic sports on a global scale. The report also recommends steps that the organization can take to address the shortcomings and improve its overall performance.
CAS confirms the two-year period of ineligibility imposed on Shayna Jack
The Court of Arbitration for Sport (CAS) has dismissed the appeals filed by Sports Integrity Australia (SIA) (formerly, the Australian Sports Anti-Doping Authority (ASADA)) and the World Anti-Doping Agency (WADA) against the first instance decision issued by the CAS Oceania Registry on 16 November 2020 (the Appealed Decision) in which the Australian swimmer, Shayna Jack, was found to have violated Article 2.1 of the Swimming Australia Ltd Anti- Doping Policy 2015 and was suspended for a period of two years, commencing on 12 July 2019.
Swimming Australia Board to work towards National Integrity Framework
The Swimming Australia Board agreed yesterday to work towards adopting the National Integrity Framework (NIF), including the operation of an independent complaints handling process to be managed by Sport Integrity Australia.
The Court of Arbitration for Sport (CAS) Ad Hoc Division Vitaliy Khudyakov (KAZ) v. FINA: case settled amicably
Tokyo, 26 July 2021 – The Ad Hoc Division of the Court of Arbitration for Sport (CAS) notes the withdrawal of the arbitration procedure: Vitaliy Khudyakov (KAZ) v. Fédération Internationale de Natation (FINA).
Ground-Breaking Professional Australian Swimming League Unveiled
Swimming Australia and the ASL have formed a strategic partnership to establish and operate a new, innovative national professional Australian Swimming League.
Ad Hoc Division of the Court of Arbitration for Sport registers its first cases
Tokyo, 19 July 2021 – The Ad Hoc Division of the Court of Arbitration for Sport (CAS) will hold its first hearing today in the matter: OG 20/03 Jennifer Harding-Marlin v. St Kitts and Nevis Olympic Committee & FINA.
Statement from USADA CEO Travis T. Tygart on Testing for THC as Raised by the Sha’Carri Richardson Sanction Agreement Announcement
“As a follow up to last week’s release, we want to provide more information around the issue of THC positives and Sha’Carri Richardson’s sanction announcement.
WADA statement regarding CAS hearing – WADA v Sun Yang and FINA
The World Anti-Doping Agency (WADA) welcomes the ruling of the Court of Arbitration for Sport (CAS) in the case of WADA’s appeal against the Fédération Internationale de Natation (FINA) disciplinary panel decision related to an incident that led to a doping control involving Chinese swimmer Sun Yang not being completed as planned.
