Title Page
ABSTRACT
Contents
CHAPTER I. INTRODUCTION 14
CHAPTER II. RELATORY FRAMEWORK AND DISCIPLINARY PROCESS IN OLYMPIC AND INTERNATIONAL SPORTS. 18
A. Governing bodies in International Sports. 18
1. Role of the International Olympic Committee 19
2. Role of the International Federations(IFs) 21
3. Role of the National Olympic Committees(NOCs) 23
B. Mandatory Testing of Athletes in International Competition. 24
1. The World Anti-Doping Program 24
2. The World Anti-Doping Agency 25
3. Doping Defined and Anti-Doping Rules Violations 27
4. Global Anti-Doping Organization Chart 31
5. Sanction of Anti-Doping Rule Violation 33
C. Mandatory Arbitration for Athletes in the Court of Arbitration for Sport 36
1. CAS Operations 37
2. CAS Arbitrators and Selection Process 39
3. Arbitration Rules for the Anti-Doping Division 40
4. Judicial Review and Enforcement of CAS Awards 42
5. CAS Arbitration of Russian Doping Cases 43
CHAPTER III. The PRECARIOUS STATE OF ATHLETE DUE PROCESS AND FAIR HEARING RIGHTS IN DOPING ARBITRATION 49
A. Process Concerns with Doping Arbitration 49
1. Burden of Proof and Presumptions of Validity 49
2. Lack of Discovery Rights and Access to Expertise 53
B. Should Criminal Law Apply to Doping Case? 56
C. Strict Liability 59
D. The issues to the right to a 'Fair Hearing' 65
1. Provisional suspension of a athlete before a hearing 67
2. Public disclosure of a positive finding before a hearing 68
3. The right of an athlete to be represented or assisted 70
4. The requirement that the reporting and adjudicatory bodies be distinct 72
E. Issues on doping test 73
1. Doping test process 73
2. Issue on the quantity of samples 77
3. Issue on the cost of sample storage and test 78
4. Issue on the mistake of sample storage 79
CHAPTER IV. PROVIDING MEANINGFUL HEARING RIGHTS AND OTHER SUGGESTIONS 81
A. Establish the Rate of False Positives for Anti-doping Tests 82
B. Procedure and Discovery Protocols 87
1. Discovery and Disclosure obligations 87
2. Suggestion for Arbitration Cost on Athletes 92
C. More Qualified Advocates 96
D. Recommendations on doping test 100
1. Two samples tested in two different laboratories or collect more than two samples 100
2. Establish a system to provide financial assistance for athletes when they need help in sample storage and test. 103
3. Strict liability on the mistake of sample storage 106
CHAPTER V. CONCLUSION 110
REFERENCE 112