The case of Olga Zaytseva v. the International Olympic Committee (IOC) before the Court of Arbitration for Sport (CAS) centered on allegations of doping violations during the 2014 Sochi Winter Olympics. The panel examined claims under the 2009 World Anti-Doping Code (WADC), focusing on prohibited methods, tampering with doping control, and the standard of proof required for an Anti-Doping Rule Violation (ADRV). The case also addressed the IOC's investigatory limitations and the justification for imposing a lifetime ban on athletes found guilty of serious violations.
Zaytseva, a retired Russian biathlete, won medals at the 2006 and 2010 Winter Olympics and a silver medal at the 2014 Sochi Games. Allegations against her emerged from investigations into a state-sponsored doping program in Russia, prompted by a 2014 documentary. The WADA-appointed Independent Commission, led by Richard Pound, Richard McLaren, and Gunter Younger, uncovered systemic doping practices. The panel's decision highlighted the challenges of proving individual complicity in large-scale doping schemes while respecting the limitations of sports governing bodies' investigatory powers.
The Russian national team achieved notable success at the Sochi Games, topping the medal table with 33 medals, including 13 golds. However, allegations of a state-sponsored doping program within the All-Russia Athletics Federation (ARAF) led to WADA appointing an independent commission to investigate. The commission found systemic failures in Russia's anti-doping program, concluding that neither ARAF, the Russian Anti-Doping Agency (RUSADA), nor the Russian Federation were compliant with anti-doping codes.
In May 2016, WADA appointed Prof. McLaren to further investigate claims by Dr. Grigory Rodchenkov, former director of the Moscow and Sochi anti-doping laboratories. Rodchenkov alleged a sophisticated doping scheme during the Sochi Games, involving sample tampering and a state-backed cover-up. McLaren's reports revealed a "Disappearing Positives Methodology" (DPM) used by the Moscow Laboratory to protect doped athletes, while the Sochi Laboratory employed sample-swapping techniques. The scheme was orchestrated by the Russian Ministry of Sport, with involvement from the Federal Security Service (FSB) and other entities.
The IOC established the Schmid Commission, which confirmed McLaren's findings and described the scheme as unprecedented, damaging the integrity of the Olympics. The commission recommended strong sanctions against Russia while protecting clean athletes. Simultaneously, the IOC Disciplinary Commission, led by Denis Oswald, investigated individual athletes, including Zaytseva, for involvement in the doping scheme. The findings underscored a state-orchestrated effort to manipulate results, undermining fair competition at the Sochi Games.
The IOC initiated disciplinary proceedings against Zaytseva in October 2017, providing her with evidence including expert reports on sample tampering and high salt content. A hearing was held on November 23, 2017, where Zaytseva participated via videoconference with legal representation. The IOC DC issued its decision on December 1, 2017, emphasizing a case-by-case approach rather than collective sanctions, though it acknowledged the broader doping scheme as context for individual evaluations.
Zaytseva appealed the decision to CAS in December 2017, requesting an expedited procedure. The proceedings were later stayed pending outcomes of related cases. The parties agreed to resume proceedings only if necessary, depending on the results of those cases. The panel, composed of Jacques Radoux, Philippe Sands, and Petros Mavroidis, examined the claims under the 2009 WADC.
The panel found that Zaytseva committed ADRVs under Article 2.2 for both the use of a prohibited method (urine substitution) and a prohibited substance. The decision underscored the deliberate and premeditated nature of the violation, reflecting a broader pattern of doping misconduct during the Sochi Games. However, the panel found no evidence that Zaytseva assisted, encouraged, or covered up ADRVs by other athletes, thus ruling she did not violate Article 2.8 of the 2009 WADC.
The panel upheld the disqualification of Zaytseva’s individual and relay team results from the Sochi Games due to her ADRVs, affirming the IOC’s authority in such decisions while