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The Dope’s Process: Athlete’s Rights and the Rise of the Non-Analytical Positive

November-1-2006

Summary

Excerpt from "The Dope’s Process: Athlete’s Rights and the Rise of the Non-Analytical Positive", by Chat Ortved:

The 1998 Festina affair at the Tour de France, followed by the BALCO scandal in the United States and now Operacion Puerto in Spain, testify to the rise of a new front in the fight against doping. This front, on which anti-doping and often state authorities bust suppliers of performance enhancing drugs and thereby implicate any athlete who happens to appear in a related Rolodex, has changed the nature of doping accusations. Alleged “non-analytical positives” and disciplinary action by teams and sponsors in the wake of suspicions and implications are becoming the norm. Questions have thus arisen regarding an athlete’s rights in the absence of a drug test, including questions of confidentiality, the standard of proof in hearings involving non-analytical positives, and what procedural rights an athlete implicated in a scandal but awaiting potential charges possesses.

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