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2002 Skiing / Ski Other Upheld English Ordinary Procedure

Parties & Representatives

Respondent Representative: Jan Paulsson

Arbitrators

Decision Information

Decision Date: December 18, 2003

Case Summary

The case revolves around a dispute involving Canadian cross-country skier Beckie Scott and the International Olympic Committee (IOC) following the 2002 Salt Lake City Winter Olympics. Scott initially won a bronze medal in the women’s 5 km pursuit event, but Russian athletes D. and L., who placed first and second, were later found guilty of doping violations. After L.’s results were annulled due to prior doping offenses, Scott was upgraded to silver. However, Scott argued she deserved the gold medal, as D., who also tested positive for doping, should have been stripped of all medals, including the silver in the 5 km pursuit. The Canadian Olympic Committee (COC) and Scott filed a claim with the Court of Arbitration for Sport (CAS), seeking to annul D.’s results and award Scott the gold medal. The IOC contested the claim, arguing Scott lacked standing, but CAS ruled she had a legitimate interest due to the significant impact of Olympic medals on an athlete’s career.

The case hinged on the interpretation of Rule 25 of the Olympic Charter, which mandates that an athlete excluded from the Games must forfeit all medals and diplomas. The IOC had initially disqualified D. only from the 30 km event, not the 5 km pursuit, leading Scott to argue the decision was incomplete. The claimants emphasized that doping violates the ethical principles of the Olympics and that allowing D. to retain medals would undermine the deterrent effect of anti-doping rules. They also referenced the World Anti-Doping Code, which supports forfeiting all medals in doping cases. The IOC countered that its decision was based on the Olympic Movement Anti-Doping Code (OMAC), a specialized set of rules that took precedence over the broader Rule 25. The IOC also argued that granting standing to competitors like Scott could lead to excessive litigation, but the CAS panel dismissed this concern, stressing the importance of upholding fair competition.

The CAS panel affirmed that Scott had standing under Swiss law, as her contractual relationship with the IOC through the Olympic Charter entitled her to challenge breaches of its rules. The panel concluded that Rule 25 of the Olympic Charter required D. to forfeit all medals, not just those from events where doping was detected. The IOC’s decision to limit D.’s disqualification to one event was deemed a misinterpretation of the rule. The panel remanded the matter to the IOC Executive Board to issue a new decision aligning with this interpretation, ensuring Scott received the gold medal. The CAS also rejected the COC’s parallel claim, focusing solely on Scott’s entitlement. The ruling underscored the importance of strict enforcement of anti-doping rules to maintain the integrity of the Olympic Games and highlighted the ethical obligation to uphold fair competition. The IOC was directed to amend the rankings of the 5 km event and award Scott the gold medal by March 15, 2004, ensuring her rightful recognition. The case set a precedent for the interpretation of doping sanctions and the rights of athletes to challenge decisions affecting their standings.

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