USA Law and Practice Contributed by: Irwin A. Kishner, Daniel A. Etna, Joel Wagman and Barry Werbin, Herrick, Feinstein LLP
1. Athlete Conduct, Integrity and Enforcement 1.1 Anti-Doping Regimes Doping is a criminal offence in the USA. The Rodchen - kov Act enables US authorities to pursue criminal pen - alties against those involved in doping conspiracies at international events involving American athletes, sponsors or broadcasters. The Rodchenkov Act gives prosecutors the power to seek fines of up to USD1 million and prison time of up to ten years, as well as restitution to victims. WADA Since 2004, the World Anti-Doping Agency (WADA) has published an annual list of prohibited substances and methods (the Prohibited List), which is updated at least annually, with the new list taking effect on Janu - ary 1st of each year. The list identifies the substances and methods prohibited in and out of competition, and for particular sports. The list is divided into two sets of substances and methods. • Those that are prohibited at all times (including but not limited to): (a) substances such as hormones, anabolics, erythropoietin (EPO), beta-2 agonists, masking agents and diuretics, and any pharmacological substance not currently approved for human therapeutic use; and (b) methods such as blood transfusion or manipu - lation, gene editing or intravenous injections in some situations. • Those that are prohibited only in competition, including but not limited to stimulants, marijuana, narcotics, glucocorticosteroids and, in particular sports, beta-blockers. A substance or method can be added to the Prohib - ited List if it is deemed to meet two of the following three criteria: • it has the potential to enhance or enhances sport - ing performance; • use of the substance or method represents an actual or potential health risk to the athlete; and • use of the substance or method violates the spirit of sport.
Athletes are responsible for knowing what substances and methods are considered banned by the Prohib - ited List. Under World Athletics Rules, the presence of a prohibited substance in an athlete’s sample, or the use of a prohibited substance or prohibited method, constitutes a doping offence. WADA’s Code provides a global framework for the anti-doping policies, rules and regulations within sports organisations and among public authorities. The United States Anti-Doping Agency (USADA), the national anti-doping organisation in the USA for Olym - pic, Paralympic, Pan American and Parapan American sports, is a signatory to the Code. USADA is charged with managing the anti-doping programme, including testing both in and out of competition. US Professional Sports Leagues With respect to individual sports leagues in the USA, doping matters are generally handled internally by the leagues. Each league, through collective bargaining with players’ associations, implements procedures and guidelines for the administration of drug testing and the determination of banned substances. These procedures usually consist of collecting random blood or urine samples that are tested by an inde - pendent laboratory. Punishments for taking banned substances often include fines and suspensions, but they can also include lifetime bans from the sport in some extreme cases. Pursuant to its recent collective bargaining agreement (CBA), the National Basketball Association (NBA) has removed marijuana from its drug testing programme. 1.2 Misconduct and Match-Fixing In May 2018, the US Supreme Court struck down the federal Professional and Amateur Sports Protection Act (PASPA), which had effectively prohibited individ - ual states from legalising sports betting, with a few exemptions. The ruling provided a pathway for indi - vidual states to legalise sports gambling. Currently, 39 states, as well as the District of Columbia and Puerto Rico, have legalised sports betting in some form, and several others have introduced proposed legislation. With the legalisation of sports betting, there is an increased risk of match-fixing and in-play manipula - tion.
374 CHAMBERS.COM
Powered by FlippingBook