Insight

All Doped Up

Keeping elite international sporting events free of banned substances is an endless game of cat and mouse. Here’s an overview of the legal efforts set up to do, in theory, exactly that.

Legal Efforts Against Drugs at Olympics
HR

Howard Rapke

February 15, 2022 07:00 AM

This article was originally published on 9/23/21 and was updated on 2/14/22.

All major events involve a variety of complex legal issues—particularly those, such as the Olympic and Paralympic Games, with prestige and global reach. There are sponsorship deals to make, broadcast rights to negotiate, health and safety issues to consider and third-party supplier contracts to ink. There are also athlete-specific legal issues, which are generally more controversial: athlete selection, qualification, classifications (for para-athletes) and doping (of both athletes and animals).

In elite sport, the difference between winning and finishing second can be almost unfathomably small. Anna Meares, an Olympic gold medallist in track cycling, has depicted that difference as a distance equivalent to the thickness of a pencil line on a piece of paper. Ato Boldon, a former track-and-field athlete from Trinidad and four-time Olympic medal winner, explained that during the 1996 Summer Olympics in Atlanta (held at a time when the starting gun was broadcast not from behind the athletes but from just inside the track), he tried to guess precisely when the gun would go off. Why? Because the time it would take the sound to travel to him in lane eight was long enough to separate gold from silver, silver from bronze or bronze from no medal at all.

These fractions of a second can make all the difference to spectacular athletes who have dedicated their lives to a sport they excel at and love. This perhaps helps explain why cheating and doping are so prevalent in elite sport. The perpetrator isn’t always an athlete. Sometimes the behaviour of a country affects the eligibility of its athletes. Two key examples arose during the Tokyo 2020 Olympic and Paralympic Games.

The most memorable recent doping controversy involves Russia. It did not compete as a country in the Tokyo Games. No Russian flag flew; no Russian national anthem played. There were, however, more than 300 Russian athletes representing the Russian Olympic Committee (ROC). Tchaikovsky’s Piano Concerto No. 1 played in place of the anthem; the white ROC flag—depicting the Olympic rings with a stylized flame in the colours of the Russian flag—was flown instead.

Why did these athletes not compete for Russia? In late 2019, the World Anti-Doping Agency, the global body established in 1999 to combat doping in sport, banned Russia from competing in global athletic events for four years, citing its organized, systematic framework of doping and coverups. Those practices, according to the agency, included the “deliberate, sophisticated and brazen alterations, amendments and deletions” of analytical data carried out to “remove or obfuscate evidence of improper activities carried out by the Moscow Laboratory” (that is, the laboratory that carried out the test). It also noted state-sponsored “sample swapping” in which Russian athletes’ urine-sample bottles were opened and replaced with clean urine, and the “disappearing positive methodology,” whereby if an athlete’s sample returned an “Adverse Analytical Finding”—that is, detected the presence of a prohibited substance—the sample would be “saved” or “quarantined.” No further action would be taken, and the sample would be reported as negative.

In 2020, the Court of Arbitration for Sport (CAS) reduced Russia’s ban to two years, permitting Russian athletes who weren’t caught up in the doping scheme to compete as “neutral athletes” required to perform in neutral uniforms and prohibited from displaying Russia’s flag or playing its anthem. CAS also imposed other sanctions, including a prohibition on Russia’s hosting or bidding for the right to host the Olympic Games, the Paralympic Games or any world championships during the two penalty years.

The perpetrator isn’t always an athlete. Sometimes the behaviour of a country affects the eligibility of its athletes."

Although the country itself was banned for that duration, athletes who weren’t accused of misconduct or tainted by the scandal were not similarly restricted. This may seem like a strange outcome, but the case concerned Russia’s noncompliance, not that of individual athletes. As CAS put it, it would be “excessively burdensome and inappropriate in the circumstances to require Russian Athletes and Athlete Support Personnel to bear the onus of proving they were not affected in any way by the manipulation of the . . . Data . . . nevertheless [CAS] considers it necessary and appropriate to impose requirements for Russian Athletes and Athlete Support Personnel to compete in a neutral capacity” with the exception of those subject to suspension, restriction, condition or exclusion from participating.

The second recent example of countries’ behaviour affecting their athletes concerns the banning of 20 track-and-field athletes from competing in the Tokyo Olympic and Paralympic Games because their nations failed to meet anti-doping testing requirements . Athletes subject to the ban were from Belarus, Ethiopia, Kenya, Morocco, Nigeria and Ukraine and were prohibited by the Athletics Integrity Unit (AIU) under Rule 15 of the World Athletics Anti-Doping Rules.

The AIU was founded by the International Association of Athletics Federations in 2017 as an independent international body responsible for the management of integrity programs, including, but not limited to, anti- doping programs for sports worldwide. Rule 15 categorizes national federations based on the risk they pose for doping. The athletes who were banned were all from “Category A” countries—those deemed the highest risk for doping violations.

Category A countries must meet more stringent anti-doping requirements before their athletes can compete at international events: Contestants must submit to a minimum of three out-of-competition drug tests no fewer than three weeks apart in the ten months leading up to a major event such as the Olympic or Paralympic Games. Only upon passing are they then able to compete. If sufficient testing is not carried out or a violation is detected, the athlete is ineligible.

The athletes prohibited from competing in Tokyo were banned because the testing requirements set out in Rule 15 were not met by their countries, not necessarily because they had returned an adverse test. Although the AIU acknowledged that there had been significant achievements by Category A countries in terms of the number of out-of-competition tests they took, those achievements were not enough to satisfy the requirements in Rule 15 and the failures of the testing regimes had significant effects on their athletes.

Howard Rapke is a partner at Holding Redlich and the National Head of the dispute resolution and litigation practice. Howard has more than 28 years’ commercial dispute experience and is regularly engaged in complex commercial litigation, significant white collar criminal investigations and prosecutions involving a wide range of commercial criminal matters, regulatory investigations and large scale inquiries, including Royal Commissions. He also advises on class action litigation in both the Federal Court of Australia and Supreme Court of Victoria. Howard is also a member of the Sport Integrity Australia Independent Investigator’s Panel.

Related Articles

The Subsidy Solution


by Anton O. Petrov and Jan D. Bonhage

Major athletic events are great fun, sources of pride . . . and expensive. What are countries’ responsibilities, especially during the pandemic, to help ensure their survival?

Responsibilities of Olympic Host Countries

The Sponsor Games


by Alasdair Muller and Nick Fitzpatrick

Brands looking to capture a little Olympic glory for themselves face a challenging legal course. Here’s an overview.

Legal Recourse for Olympics Branding

Fierce Competition


by Amalia Berg and Jordan Scopa

Is jumping through legal hoops an Olympic event? It might as well be for any company seeking to sponsor an athlete, a team or the quadrennial games themselves.

Legal Sponsorships for the Olympic Games

A Line in the Sand


by Phedely Artiste and Susan H. Abramovitch

Norway’s women’s-handball team made news at the Tokyo Olympics not so much for its athletic prowess but for what it was wearing. A look at the legal intricacies of an increasingly fraught topic.

Norway's Handball Team Uniform Controversy

2021 Best Lawyers: The Global Issue


by Best Lawyers

The 2021 Global Issue features top legal talent from the most recent editions of Best Lawyers and Best Lawyers: Ones to Watch worldwide.

2021 Best Lawyers: The Global Issue

History Eraser


by Gregory Sirico

Penguin Random House and several other major book publishing houses filed litigation against Florida education leaders who recently passed a book ban law.

Penguin logo in front of black and white books

"Lawyer of the Year"


Lawyer in suit smiles for professional headshot

Kevin M. Levy

Technology Law

Miami, FL

2025

"Lawyer of the Year"


Man in suit and tie smiling for professional headshot

Dylan D. Rudolph

Litigation - ERISA

San Francisco, CA

2025

Scarlett Law Group: Mastering TBI Trial Law


by Justin Smulison

Randall H. Scarlett shares successes in traumatic brain injury cases, fueling Scarlett Law Group's growth across Northern California with specialized insights.

Two lawyers, suited, standing in front of law firm sign

One of the Greatest Ever...


by Justin Smulison

Steve Yerrid, a top catastrophic injury lawyer, has secured over 300 verdicts of $1M+ and has been recognized as "Lawyer of the Year" multiple times in Tampa.

Lawyer in blue suit poses in office for headshot

"Lawyer of the Year"


Lawyer poses for professional firm headshot

Mindi M. Richter

Copyright Law

Tampa, FL

2025

IN PARTNERSHIP

Georgia Car Accident: How to File a Car Accident Case


by Robert Hammers

In a car accident in Georgia? Read this guide for key steps from actions at the scene to settlement talks and lawsuit filing. Stay informed and prepared.

Figure with clipboard assesses the scene of an accident

New SAFE Act Aims to Tackle Rising Crime in DC


by Gregory Sirico

As DC grapples with skyrocketing crime rates, the Secure Apartments for Everyone Regulation Amendment Act seeks to implement actionable change

Security cameras affixed to animated building

"Lawyer of the Year"


Lawyer wearing glasses and suit smiles in headshot photo

Duane C. Pozza

Advertising Law

Washington, D.C., DC

2025

How a New Maryland Bike Safety Law Honors a Client’s Legacy


by Justin Smulison

Four-time Lawyer Of The Year Patrick Regan discusses how a client’s bicycling tragedy led to a result that improved Maryland traffic law to protect riders.

Group of lawyers posing for a photo

IN PARTNERSHIP

Three Steps To Maximizing Compensation After a Columbus Car Accident


by Jonathan Mani

Car accidents could result in costly medical bills and significant pain and suffering. To ensure you're compensated, contact a car accident attorney now.

Toy car laying upside down on pile of money

Trending Articles

2025 Best Lawyers Awards Announced: Honoring Outstanding Legal Professionals Across the U.S.


by Jennifer Verta

Introducing the 31st edition of The Best Lawyers in America and the fifth edition of Best Lawyers: Ones to Watch in America.

Digital map of the United States illuminated by numerous bright lights

Unveiling the 2025 Best Lawyers Awards Canada: Celebrating Legal Excellence


by Jennifer Verta

Presenting the 19th edition of The Best Lawyers in Canada and the 4th edition of Best Lawyers: Ones to Watch in Canada.

Digital map of Canadathis on illuminated by numerous bright lights

Legal Distinction on Display: 15th Edition of The Best Lawyers in France™


by Best Lawyers

The industry’s best lawyers and firms working in France are revealed in the newly released, comprehensive the 15th Edition of The Best Lawyers in France™.

French flag in front of country's outline

Announcing the 13th Edition of Best Lawyers Rankings in the United Kingdom


by Best Lawyers

Best Lawyers is proud to announce the newest edition of legal rankings in the United Kingdom, marking the 13th consecutive edition of awards in the country.

British flag in front of country's outline

Announcing the 16th Edition of the Best Lawyers in Germany Rankings


by Best Lawyers

Best Lawyers announces the 16th edition of The Best Lawyers in Germany™, featuring a unique set of rankings that highlights Germany's top legal talent.

German flag in front of country's outline

Prop 36 California 2024: California’s Path to Stricter Sentencing and Criminal Justice Reform


by Jennifer Verta

Explore how Prop 36 could shape California's sentencing laws and justice reform.

Illustrated Hands Breaking Chains Against a Bright Red Background

Celebrating Excellence in Law: 11th Edition of Best Lawyers in Italy™


by Best Lawyers

Best Lawyers announces the 11th edition of The Best Lawyers in Italy™, which features an elite list of awards showcasing Italy's current legal talent.

Italian flag in front of country's outline

Combating Nuclear Verdicts: Empirically Supported Strategies to Deflate the Effects of Anchoring Bias


by Sloan L. Abernathy

Sometimes a verdict can be the difference between amicability and nuclear level developments. But what is anchoring bias and how can strategy combat this?

Lawyer speaking in courtroom with crowd and judge in the foreground

Things to Do Before a Car Accident Happens to You


by Ellie Shaffer

In a car accident, certain things are beyond the point of no return, while some are well within an individual's control. Here's how to stay legally prepared.

Car dashcam recording street ahead

The Push and Pitfalls of New York’s Attempt to Expand Wrongful Death Recovery


by Elizabeth M. Midgley and V. Christopher Potenza

The New York State Legislature recently went about updating certain wrongful death provisions and how they can be carried out in the future. Here's the latest.

Red tape blocking off a section of street

Tampa Appeals Court ‘Sends Clear Message,” Ensuring School Tax Referendum Stays on Ballot


by Gregory Sirico

Hillsborough County's tax referendum is back on the 2024 ballot, promising $177 million for schools and empowering residents to decide the future of education.

Graduation cap in air surrounded by pencils and money

Find the Best Lawyers for Your Needs


by Jennifer Verta

Discover how Best Lawyers simplifies the attorney search process.

A focused woman with dark hair wearing a green top and beige blazer, working on a tablet in a dimly

Key Developments and Trends in U.S. Commercial Litigation


by Justin Smulison

Whether it's multibillion-dollar water cleanliness verdicts or college athletes vying for the right to compensation, the state of litigation remains strong.

Basketball sits in front of stacks of money

Is Premises Liability the Same as Negligence?


by Jeremy Wilson and Taylor Rodney Marks

In today's age, we are always on the move, often inhabiting spaces we don't own. But what happens when someone else's property injures you or someone you know?

A pair of silhouetted legs falling down a hole with yellow background

Woman on a Mission


by Rebecca Blackwell

Baker Botts partner and intellectual property chair Christa Brown-Sanford discusses how she juggles work, personal life, being a mentor and leadership duties.

Woman in green dress crossing her arms and posing for headshot

Best Lawyers Celebrates Women in the Law: Ninth Edition


by Alliccia Odeyemi

Released in both print and digital form, Best Lawyers Ninth Edition of Women in the Law features stories of inspiring leadership and timely legal issues.

Lawyer in green dress stands with hands on table and cityscape in background