The case involves Brianna McNeal, a professional hurdler and Olympic gold medalist, who was found guilty of tampering with the doping control process under Rule 2.5 of the 2021 World Athletics Anti-Doping Rules (WA ADR). The violation stemmed from her altering medical documents to justify a missed doping test on January 12, 2020. McNeal initially claimed she missed the test due to a medical procedure on January 11, 2020, but investigations revealed the procedure actually occurred on January 10. She admitted to altering the dates on medical notes submitted to the Athletics Integrity Unit (AIU), which the AIU deemed an intentional attempt to subvert the doping control process. The World Athletics Disciplinary Tribunal imposed a five-year ineligibility period starting August 15, 2020, considering this her second anti-doping rule violation (ADRV) following a prior whereabouts failure in 2017.
McNeal and World Athletics both appealed the decision to the Court of Arbitration for Sport (CAS). The CAS panel, applying the principle of lex mitior, used the more lenient 2021 WA ADR, which provided favorable terms for tampering offenses. The panel emphasized that tampering does not require actual subversion of the doping control process; it suffices that the conduct could theoretically undermine it. Intent to subvert the process must be proven, though it need not be the sole motive. The panel found McNeal’s explanations for altering the documents unconvincing, noting her repeated falsifications and failure to verify the correct date despite opportunities. While McNeal argued her actions were influenced by psychological distress following an abortion, the panel acknowledged this as a mitigating factor but concluded it did not absolve her of intent to deceive.
The panel assessed her degree of fault, reducing it from "significant" to "normal" due to her psychological state, resulting in a three-year sanction for the tampering violation. Combined with her prior violation, the total ineligibility period was set at five years. The panel rejected further reductions based on proportionality, noting the World Anti-Doping Code (WADC) already incorporates proportionality in its sanctions. McNeal’s competitive results from February 13, 2020, to August 14, 2020, were disqualified, including forfeiture of medals and prizes. The CAS upheld the tribunal’s decision, dismissing McNeal’s appeal and partially upholding World Athletics’ cross-appeal to enforce the disqualification of results.
The case underscores the strict enforcement of anti-doping regulations, even in the absence of prohibited substance use, and highlights the serious consequences of tampering. It also illustrates the balance between upholding the integrity of the doping control process and considering an athlete’s personal circumstances, though the latter did not justify leniency in this instance. The ruling reaffirms the importance of intent and evidence in adjudicating ADRVs and the limited scope for proportionality outside the WADC’s built-in mechanisms.