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2018 Athletics / Athlétisme Doping Partially Upheld English Ordinary Procedure

Arbitrators

President: Markus Manninen

Decision Information

Decision Date: February 1, 2019

Case Summary

The case involves an arbitration decision by the Court of Arbitration for Sport (CAS) regarding allegations of doping against Russian high jumper Svetlana Shkolina, brought by the International Association of Athletics Federations (IAAF). The IAAF accused Shkolina of anti-doping rule violations (ADRVs) during 2012 and 2013, based on evidence from reports by Professor Richard McLaren, which investigated systemic doping in Russian sports. Shkolina denied the allegations, leading the IAAF to refer the case to CAS. The arbitration panel, led by sole arbitrator Markus Manninen, assessed the evidence under the standard of "comfortable satisfaction," which requires a high level of certainty but allows for circumstantial evidence to be considered cumulatively. The panel noted that while sports bodies lack the investigative powers of law enforcement agencies, the absence of direct evidence does not imply innocence, as doping schemes can be effectively concealed.

The IAAF relied heavily on the McLaren Reports, which detailed a state-sponsored doping scheme in Russia, including the manipulation of test results through methods like the "disappearing positive methodology" (DPM) and "sample swapping." The reports implicated the Moscow Laboratory, the Russian Ministry of Sport, and the Federal Security Service (FSB) in a systematic effort to conceal doping violations. The London and Moscow Washout Schedules, Excel spreadsheets containing data on unofficial urine samples, were central to the case. These schedules indicated Shkolina had used prohibited substances like desoxymethyltestosterone (DMT) and methasterone, despite her official samples testing negative in the Anti-Doping Administration and Management System (ADAMS). Shkolina challenged the reliability of these documents, arguing they could have been manipulated, but the Sole Arbitrator found them credible based on metadata, contemporaneous emails, and corroborating testimony from Dr. Grigory Rodchenkov, the former head of the Moscow Laboratory.

The arbitrator concluded that Shkolina had committed ADRVs in July 2012 and June-July 2013 by using prohibited substances as part of a centralized doping scheme. Aggravating factors, including her participation in a doping plan, multiple violations, and the use of multiple substances, justified a four-year ineligibility period under IAAF rules. The IAAF sought disqualification of all Shkolina's competitive results from July 2012 onward, but the arbitrator limited this to the period from July 2012 to July 2015, citing fairness and proportionality. The decision emphasized that disqualification aims to correct unfair advantages rather than punish the athlete, and the absence of violations after 2013 did not negate the lingering effects of prior doping.

The case underscores the challenges of proving doping violations in systemic schemes, where official records may be compromised. It also highlights the balance between stringent anti-doping measures and fairness to individual athletes. The arbitrator's ruling reflects the seriousness of intentional doping and the need to maintain integrity in sports, while ensuring sanctions are proportionate to the violations committed. The decision aligns with broader efforts to address institutionalized doping in Russian athletics, as documented in the McLaren Reports and subsequent investigations.

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