United States Sports Academy - "America's Sports University"

It's the spring of the year 2000, and you are looking forward to your first summer of the new Millennium. Baseball season has started, the NBA playoffs are on the horizon, Wimbledon, the French Open, and the US Open are all ahead of you. And best of all, this is an Olympic year. During the fall, your television will be taken over by gymnastics, soccer, softball, and track & field with interesting vignettes telling the amazing stories of sacrifice and hardship leading up to Olympic glory. You even remember, with misty eyed nostalgia, your days as a high school athlete; its not important that it was in the sphere of intramural. YOU WERE A CONTENDER! If you had applied yourself, you too could have been an Olympian. Now, you are a hard working attorney looking forward to a summer of sitting on your couch and watching other great athletes. Little did you know that you would play a part in the 2000 Olympic Games in Sydney, Australia. Isn't life funny?

A few months prior to the start of the 2000 U.S. Olympic Team Trials for Track & Field, Amanda, a top U.S. athlete, comes to your office seeking guidance. Although she has been drug tested consistently throughout her career, she has confessed that the recent media attention involving the creation of new organizations involved with drug testing, ¹ the new methods of drug testing, and the rise in the number of athletes that have recently tested positive have been somewhat disconcerting to her, especially since this is an Olympic year. Amanda is confident that she will make the Olympic team and compete in the U.S., Canada, and Australia before reporting to the Olympic Village in September of 2000. While she has professed to be drug free, she would like to better understanding the changes that have been made in the recent months with respect to drug testing. Amanda has provided you with her training schedule to assist you in your expect legal analysis.

Amanda's Training Schedule

1. Training for Olympic Trials in the U.S. (April - June 2000)
2. Competing in the Olympic Trials (July 2000)
3. Resting and Training in the U.S. (End of July)
4. Competing and training in Canada. (August 1-7, 2000)
5. Training and Competing in the U.S. (August 8-14, 2000)
6. Reporting to U.S. training camp in Brisbane, Australia
   (August 15-September 14, 2000)
7. Report to Olympic Village in Sydney, Australia
   (September 15, 2000)
8. Compete in Olympic Games (September 15-October 1, 2000)

Where do you begin your research in order to provide adequate advice to Amanda? -1-

Introduction

While many top U.S. Olympic caliber athletes have been drug tested throughout their careers, few have truly understood the drug testing process. The ever-changing rules and regulations, as well as the increase in number of doping control programs, while appearing to assist in the fight against doping in sport, have proven to be confusing and sometimes inconsistent. Many organizations cannot interpret their own rules, nor do they fully understand the jurisdictional issues that arise with respect to every sample taken until they are caught in a crisis. This article attempts to untangle the web of rules and regulations and provide both athletes, coaches, and athlete representatives with a working knowledge of master: 1) when an athlete is subject to drug testing, 2) which organizations oversee doping control², and 3) the potential problems that arise when more than one organization is involved.

Brief History of Cheating

Ever since the ancient Olympic games, athletes have sought to gain the glory of being an Olympic champion, with all its attendant accolades, gifts and awards. Over time, this quest for greatness has tempted athletes to obtain athletic prowess by dishonest means. Drug testing of athletes, to route out performance enhancing drug use, began within the Olympic Movement³ in 1968. It continues today. In modern times, unscrupulous doctors have assisted athletes in gaining an edge against their opponents. The most notorious and recent Olympic exposure of cheating occurred during the 1988 Olympic Games in Seoul, Korea, when Ben Johnson was exposed as a "steroid user." However, not all Olympic drug infractions are the product of intentional actions on the part of the athletes. Recently, several former East German athletes have brought suit in Germany alleging that they were unknowingly, given performance-enhancing drugs, under the guise of "vitamins." These cases reinforce to the public what Olympic athletes have know for decades–drugs in sports does exist.

Necessary Tools

To being your research and advise Amanda, you will need to obtain the following documents:

International Olympic Committee Charter
International Olympic Committee Medical Code
International Amateur Athletic Federation Rules
International Amateur Athletic Federation Procedural Guidelines for Doping Control
1998 Ted Stevens Olympic & Amateur Sports Act § 2250
United States Olympic Committee National Anti-Doping Program Document
United States Olympic Committee Memorandum of Agreement with USA Track & Field
United States Olympic Committee Constitution & By Laws
United States Olympic Committee Code of Conduct 2000 Olympic Games
United States Olympic Committee Grievance Procedures for Code of Conduct and Team Selection 2000 Olympic Games
United States Olympic Committee Bilateral Agreement with the Australia Drug Testing Agency
United States Olympic Committee Bilateral Agreement with the Canadian Centre for Ethics in Sports
USA Track & Field Governance Handbook

When is an Athlete subject to drug testing?

Now that you have all the materials you need, you can begin your legal analysis. Amanda tells you that she doesn't understand why she gets tested during some competitions and not others, and, more important, she tells you she does not understand why she is tested at home.

Based upon your exhaustive review of the relevant documents, you now understand that there are two types of drug testing that Olympic-caliber athletes are subject to "in-competition" and "out-of-competition." Slightly different rules apply to each category of testing.4

In-competition drug testing occurs during a specified competition. Athletes are notified that they will be tested upon completion of an event, during a competition. Once notified, athletes are required to provide a urine sample while at the competition site. The procedures by which an athlete is selected for drug testing depends upon the organization that responsible for process is random, based upon place-finish.

Out-of-competition drug testing, on the other hand, occurs outside of competition. Usually, out-of-competition drug tests are conducted with no advanced notice to the athlete and may occur at any time. (i.e. home, work, or training facility6). Once notified, athletes are required to submit to the drug test, regardless of where s/he may be located at the time of notification. 7 The process by which an athlete is selected for out-of -competition drug testing is also organization specific. For example, USATF, randomly selects a specified number of athletes for testing each month. USATF selects athletes based upon their ranking in a particular event.

Entities responsible for carrying out drug testing

Now that Amanda understands the types of drug tests that she is subject to, it is critical that she understands what organizations have the authority8 to carry out the drug testing process.

Almost every sport organization today conducts or participates in some type of drug testing program, regardless of whether its athletes are amateur or professional. Professional sport organizations such as the NCAA, National Basketball Association, Women's National Basketball Association, National Football League, Major League Baseball, and National Hockey League each conduct their own drug testing programs, have their own drug testing protocol, and coordinate their own list of prohibited substances.

Unlike those athletes associated with professional organizations, elite Olympic athletes are subject to drug testing by multiple organizations. Within the Olympic Movement, the International Olympic Committee (IOC), some International Federations (IF's), the United States Olympic Committee (USOC), and certain other national organizations, by agreement, all conduct drug testing programs and have the ability to drug test U.S. athletes either during competition, out-of-competition, or both. However, the likelihood that an athlete will be subject to drug testing by all four (4) organizations is heavily dependent on the level at which the athlete competes, for reasons that are provided below. 9

In the United States

Athletes that compete on a national level can expect to be drug tested by the United States Olympic Committee (USOC).10 The USOC, through the National Anti-Doping Program (NADP), is responsible for coordinating both in-competition drug testing for each National Governing Body (NGB).11 The NADP is implemented through individual memoranda of agreement (MOA) between the USOC and each individual NGB. Each MOA establishes the terms and conditions by which the USOC is responsible for conducting drug testing for an NGB.

Under the USOC/USATF MOA, USAFT is responsible for selecting certain domestic competitions in which drug testing will occur, for determining the process by which athletes are selected for domestic out-of-competition drug testing, and for implementing the disciplinary process upon notice that a sample has tested positive for a prohibited substance. 12 The USOC, on the other hand, is responsible for coordinating every other aspect of the drug testing process. Thus, in the event that Amanda competes in a domestic competition that has been selected for drug testing by USATF, she can expect drug testing by USAFT, she can expect drug testing to take place by the USOC, in accordance with the NADP, as amended by the MOA. Furthermore, as the USOC is also responsible for conducting out-of-competition drug testing, pursuant to the NADP and MOA, in the event that Amanda ranks among the top athletes in her event, she will be drug tested outside of competition as well.13

Internationally

Athletes competing on an international level, either domestically or abroad, can also expect to be drug tested by their respective international federation. The international federation for track & field,14 the International Amateur Athletic Federation (IAAF), is responsible for coordinating all aspects of track & field on an international level, including the implementation of a drug testing program.15 According to the rules associated with the IAAF's drug testing program, the IAAF is responsible for conducting drug testing during the following competitions: World Championships and World Cups, Grand Prix and Permit Meetings, and other designated competitions.16 In addition, IAAF rules authorize it to conduct out-of-competition drug testing on a member federation's athletes.17

Thus, when Amanda competes abroad or in certain internationally sanctioned competitions in the U.S.,18 the IAAF will have the authority to drug test Amanda during that competition. Furthermore, since Amanda is a world ranked athlete, she is eligible to be drug tested outside of competition by the IAAF. Similar to the out-of-competition drug test conducted by the USOC, an out-of-competition drug test conducted by the IAAF can occur at any time and any place, with no notice to the athlete.

Special Testing Arrangements

When Amanda travels to Australia for training and/or competition prior to the U.S. Olympic Trials, she will be subject to drug testing by the Australian Sports Drug Agency (ASDA), as well as the USOC. Pursuant to a "Trilateral Agreement", the ASDA, the Canadian Centre for Ethics in Sport (CCES), and USOC have all agreed to allow each country's athletes. This Trilateral Agreement has been implemented through individual bilateral agreements, which set forth the terms and conditions pursuant to which the drug test must be conducted.

According to the bilateral agreement between the USOC and the ASDA.19 The ASDA has the authority to drug test an American athlete while s/he is residing, training, and/or competing in Australia, and vice versa.20 The USOC has the authority to drug test an Australian athlete that USOC also has the ability to drug test U.S. athletes while they are competing, training, or residing in Australia. Notwithstanding ASDA's and the USOC's ability to drug test a U.S. athlete in Australia, the responsibility of conducting disciplinary procedures still rests with each athlete's federation.21

Finally, in some instances, Olympic athletes may be subject to drug testing conducted by the recently created World Anti-doping Agency (WADA). WADA was created under the auspices of the International Olympic Committee (IOC) with the goal of coordinating drug testing on a global level during the intervals between the Pan American and Olympic Games. However, WADA's limited objective for the year 2000 is to conduct out-of-competition drug testing programs.22 In addition, WADA will have the responsibility of monitoring the conduct of both the USOC and IAAF have drug testing programs, the likelihood that an American track & field athlete will be subject to drug testing by WADA is minimal.

Drug Testing At Olympic Trial Events

Each NGB has a selection process for athletes who will represent the United States at the Olympic Games. Some NGB's evaluate performance over a series of competitions, while other NGB's base selection on performance at a specific Olympic Trials event. USAFT's selection process falls into the later category.

All athletes participating in the U.S. Olympic Team Trials for Track & Field are eligible to be drug tested. Pursuant to its authority under the NADP, the USOC has the authority to conduct drug testing at all Olympic an Pan American Trials competitions.23 Thus, Amanda should be informed that, if selected to the U.S. Olympic Team, she can expect to be drug tested upon completion of her event.

Disciplinary Procedures

Each sports organization described above has a disciplinary process that is implemented once an athlete's urine sample reveals the presence of a prohibited substance. Pursuant to the rules of the USOC NADP, IAAF, and the ASDA/USOC bilateral agreement, disciplinary proceedings are to be held by the appropriate NGB.24 Thus, once an NGB is notified by one of these organizations that a urine sample has tested positive for a prohibited substance, the NGB is responsible for implementing disciplinary proceedings. For USATF, the disciplinary process begins with the implementation of USATF Regulation 10–Doping Control.

USATF Regulation 10

USATF Regulation 10 is the provision, within the USATF Bylaws, that authorizes USATF to implement disciplinary proceedings against an athlete. Additionally, it sets forth the disciplinary process that USATF is required to implement once it has been notified that a urine sample has tested positive for a prohibited substance.

Under Regulation 10, athletes are afforded certain rights and opportunities, which included the following: (1) the right to have "B" sample analyzed,25 (2) the right to a full hearing26, and (3) the right to an appeal. As of January 2000, the American Arbitration Association(AAA) is responsible for adjudicating all hearings and appeals for USATF, pursuant to USATF Regulation.27

USOC Article IX

In addition to USAFT Regulation 10, an athlete may utilize another forum designated by Article IX of the USOC Constitution and Chapter IX of the USOC Bylaws to resolve issues of eligibility. According to these provisions, an athlete who believes that s/he has been denied the opportunity to participate in a protected competition 28 has the opportunity to have an expedited hearing before the American Arbitration Association (AAA). 29 Arbitrations that are held pursuant to this Article are held in accordance with special AAA rules and regulations relating to Olympic and Pan American Games competitions. Athletes who utilize this provision are entitled to a hearing and a decision within forty-eight (48) hours of delivery of the notice of the hearing.30

Thus, in the event that one of Amanda's urine samples tests positive during either an in-competition or out-of-competition drug test, or Olympic Trials competition, she would have the opportunity to have the matter heard by a AAA panel, pursuant to USATF Regulation 10. In the event that USATF denied Amanda the opportunity to compete, she could utilize the AAA arbitration in accordance with Article IX of the USOC Constitution and Chapter IX of the USOC Bylaws.

Olympic Trials–Nomination to the Olympic Team

According to the USOC Constitution and Bylaws, the USOC has exclusive jurisdiction over members of the U.S. Olympic Team and all matters relating to their participation in the Olympic Games, once the Olympic team has been nominated by an NGB. 31Consistent with this authority, set forth the appropriate process for handling any disciplinary and/or grievance matters. 32Members of the U.S. Olympic team are required to utilize these procedures for any issue that may arise regarding their eligibility and/or participation in the Olympic Games.

Post Olympic Trails Jurisdictional Issues

Immediately upon completion of the U.S. Olympic Trials and an athlete's return to competition/training, all of the organizations described above resume their authority to drug test him/her. However, for all members of the U.S. Olympic team, the USOC simultaneously retains its authority to handle all disciplinary matters and grievance complaints, as they relate to a member of the U.S. Olympic team and their Olympic Games. The USOC retains this authority until the completion of the 2000 Olympic Games. Thus, notwithstanding the ability of any organization to conduct drug testing on an athlete and its authority to handle any subsequent disciplinary proceedings, the USOC Constitution and Bylaws specify that the USOC has authority over any issue related to discipline and/or grievance complaints. As a result, a situation of overlapping jurisdiction is created, the resolution of which remains unclear as of the date of this article.

Consider the following possible scenario. Amanda, as indicated in her event schedule, competes in Australia after the Olympic Trials and is selected for drug testing. Assume that her sample reveals the presence of a prohibited substance. ASDA is required to notify USOC of the positive finding. The USOC is required to notify USATF, pursuant to the USOC/ASDA bilateral agreement. Upon notification, USATF is required to notify Amanda that her sample has tested positive for a prohibited substance and inform her that the following disciplinary procedures will now be implemented. However, it is unclear whether the USOC Grievance Procedures, or USATF Regulation 10 apply.

Because this sample was taken pursuant to the ASDA's authority, under the USOC/ASDA bilateral agreement, the athlete's hame federation is responsible for handling the disciplinary process.33 However, because Amanda is now a member of the U.S. Olympic team, the USOC also has jurisdiction over the disciplinary process. 34 Which organization is responsible for resolving the matter is unclear.35 This conflict exists not only with drug testing conducted pursuant to the USOC/ASDA bilateral agreement, but also with drug tests that are conducted pursuant to the USOC's NADP, and the IAAF's doping control program, each of which specify specific procedures that must follow in the event of a positive finding.

Olympic Games–IOC Authority

As the "supreme authority"36 within the Olympic Movement, the IOC is responsible for conducting drug testing during the Olympic Games, pursuant to the rules and regulations established by IOC Medical Code. The IOC Medical Code also sets forth the disciplinary process that must be followed once a drug test reveals the presence of a prohibited substance. 37According to those procedures, the IOC Medical commission has the sole authority to decide issues relating to positive drug tests.38 However, all decisions may be appealed to the Court of Arbitration for Sport.39

Thus, if an American athlete competing at the Olympic Games is drug tested and the sample(s) given test positive, the Chief de Mission of the U.S. Olympic delegation is notified tht the test has revealed the presence of a prohibited substance. According the procedures set forth in the IOC Medical Code, the IOC Medical Commission determines whether a doping violation has taken place and refers its decision to the IOC Executive Committee for approval and the imposition of a penalty. Any decision adverse to the athlete may be appealed to CAS for a final determination.

Notwithstanding the rights of an athlete to appeal the IOC's determination, the USOC Grievance Procedures continue to be effective. Thus, after the IOC determines that a doping violation has occurred, an athlete could presumably invoke the American Arbitration Association arbitration process to process to prevent his/her removal from the U.S. Olympic Team.40 As a result, it is again unclear whether your athlete is required to adhere to those procedures set forth by the IOC or whether s/he can pursue an appeal before the AAA.

What Does This Mean For Amanda?

A great deal. Prior to the start of the U.S. Olympic Team Trails for Track & Field, Amanda can expect to be drug tested by every one of the organizations mentioned above, both in and outside of competition. For those competitions that are conducted in the United States, drug testing will be conducted by the USOC.41 If Amanda should expect to be drug tested outside of competition in both the United States and Canada, by either the USOC, IAAF, the ASDA, and/or WADA.

In the event that any of the samples taken prior to, or during the U.S. Olympic Team Trials for Track & Field reveal the presence of a prohibited substance, Amanda can expect to be notified by USATF of the positive finding. At such time, Amanda would be entitled to the opportunities afforded by USA Regulation 10. In addition, Amanda would have immediate recourse through Article IX of the USOC Constitution and Chapter IX of the USOC Bylaws to reexamine her eligibility status for the U.S. Olympic Trials and the Olympic Games. A great deal.

Upon completion of the U.S. Olympic Trials, Amanda can still expect to be drug tested by the USOC, IAAF, ASDA, or WADA. However, whether USATF will be responsible for conducting disciplinary proceedings will be dependent on whether Amanda has been nominated to the U.S. Olympic Team.

If Amanda is not nominated to the U.S. Olympic Team for Track & Field, and a sample taken after the Olympic Trials reveals the presence of a prohibited substance, Amanda can expect disciplinary proceedings to be conducted by USATF, pursuant to USATF Regulation 10.

However, if Amanda is nominated to the U.S. Olympic Team, and a sample taken before or after the Olympic Trials reveals the presence of a prohibited substance, it is unclear which organization, USATF or the USOC, would have the ability to implement disciplinary proceedings. What is clear is, however, is that Amanda would have recourse through Article IX of the USOC Constitution & Bylaws, if either the USOC or USATF first denied her the opportunity to compete in the Olympic Games.

Conclusion

This article only begins to touch on the many legal issues associated with drug testing. Ultimately, it will be up to you, the attorney, to navigate successfully the impossibly complicated body of rules and regulations associated with each organizations's drug testing program, in order to adequately represent your client. Understanding the many organizations within the Olympic Movement that are involved with drug testing, as well as the different responsibilities of these organizations, will be a very challenging task. However, one thing should be apparent, drug testing is certain to occur, whether it be during a competition or outside a competition. Thus, understanding the differences between the United States Olympic Committee, the International Federation, the World Anti-doping Agency, and any other organization that may have the authority to drug test an athlete, may be the most important thing that an athlete can do to prepare for the 2000 Olympic Games.

End Notes

1.The term of art for drug testing within the Olympic Movement is "doping control." These terms are interchanged throughout this Article. Drug testing is the process that has been developed over time to ensure that an athlete and analyzing that sample for both technique. It includes taking a urine sample from an athlete and analyzing that sample for both prohibited substances and techniques. While urine is the body fluid that is currently analyzed during the 2000 sydeny Games.

2.See id.

3.The tem Olympic Movement "stems from modern Olympism." It "encompasses organizations, athletes, and other persons who agree to be bound by the Olympic Charter." Criterion for belonging to the Olympic Movement is recognition by the International Olympic Committee. See International Olympic Committee Charter §§ 4and 5, The Olympic Charter (visited April 14, 2000)
http://www.olympic.org/ioc/e/facts/charter/charter_intro_e.html [hereinafter IOC Charter].

4.See id

5.See generally, Medical Commission (visited April 14, 2000) http://iisl.us.olympic.org/ioc/e/org/medcom%5Fintro%5Fe.html[hereinafter IOC Medical Commission].

6.See generally, IAAF Rules and Regulations (visited April 14, 2000) http://archive.www.worldsport/sports/athletics/rules/rules.html

7.See generally, IAAF Division III (visited April 14, 2000) http://archive.www.worldsports/athletics/rules/32.html.

8.Authority, as used throughout this article, is meant to include not only the ability to conduct drug testing but also the ability to implement disciplinary proceedings, if necessary.

9.For example, a U.S. athlete that is ranked number two (2) in the world, in a particular event, has much greater chance of being drug tested by all four (4) organizations than a U.S. athlete that is ranked number ten (10) in the United States.

10.The United States Olympic Committee is the United States' representative – the National Olympic Committee (NOC) – in the Internationally Olympic Committee. As such, the USOC is responsible for coordinating the activity of all American based Olympic and Pan American sport organizations in the United States.

11.Each sport within the Olympic Movement has a national federation, which is responsible for coordinating the activity for that particular sport in the country. In the United States these federations are known as national governing bodies (NGB). USA Track & Field is the NGB for track & field, long distance running, cross country, and race walking, in the United States. For more infomation on recognition of NGB's in the United States see the 1998 Ted Stevens Olympic and Amateur Sport Act §2205.

12.See NADP Section 9.1(b) and

13.The USOC implements a No-Advance-Notice (NAN) out-of-competition drug testing program. This means that athletes are given no notice that the out-of-competition drug test is going to occur. For more information, see USOC NADP, Attachment 6.

14.Each national federation within the Olympic Movement belongs to an international federation – the worldwide governing body for that particular sport. The international federation is responsible for all technical aspects of the sport outside the Olympic Games.

15.It is a condition of membership in the IAAF that each NGB abide by the IAAF Rules and Regulations, which provide for both in-competition and out-of-competition drug testing. See IAAF Rule 2 and 55-61.

16.See IAAF Rule 58.1.

17.See IAAF Rule 57.1(iii).

18.An example of an IAAF sanctioned event held in the United States is the Prefontaine Classic, which is held every spring in Portland, Oregon in honor of the late Steve Prefontaine. This competition is an IAAF Grand Prix event.

19.A similar bilateral agreement, between CCES and the USOC, is expected to be signed in the next few months.

20.The ability to drug test another federation's athlete has a "reasonableness" standard built in to the provisions. A party to the agreement cannot drug test an athlete more than twice, during the same visit, without the consent of the other party. Thus, a federation cannot abuse their authority to drug test another federation's athletes.

21.Thus, if your client were to be drug tested in Australia and the drug test revealed the presence of a prohibited substance, your client would have the ability to have a hearing before USATF, the athlete's home federation. For more information, see USOC/ASDA Bilateral Agreement, Section IV, Provision 9.

22.It should be noted that within the sport of track & field, of the 200 members of the IAAF, only 8 have drug testing programs.

23.See USCO NADP, Section 9.1.

24.See USOC NADP, Section 6.20, IAAF 59.3, and USOC/ASDA Bilateral Agreement Section 4, Provision 9.

25.The collection of drug test includes dividing the urine sample into two (2) containers, respectively known as the "A" sample and the "B" sample. The "A" sample is always analyzed first. The "B" sample is only analyzed in the event the "A" sample reveals the presence of a prohibited substance.

26.The USOC has set forth a "due process" checklist that NGBs are required to comply with. The list includes notice of the specific charges, reasonable time between the receipt of notice of charges and the hearing, the right to have the hearing conducted at a convenient time and place, the right to be assisted in the presentation of one's case at the hearing before a disinterested and impartial body of fact finders, the right to call witnesses and present both written and oral evidence, the right to cross-examine, the right to a record of the hearing, the right to a written decision, the right to written notice of appeal procedures. See USOC Constitution and Bylaws Article IV, Section 4, (C)(6).

27.USATF was the first NGB in the United States to out source its disciplinary process. The USOC has recently indicated that they plan to follow in our footsteps.

28.Protected competition includes Olympic Games, Pan American Games, Paralympic Games, a World Championships competition, or other protected competition as defined by Article I, Section 2 (H) of the USOC Constitution & Bylaws. See USOC Constitution & Bylaws Article IX, Section 1.

29.An NGB would first have to deny an athlete the ability to participate in a protected competition. Thus, an athlete first would have had a hearing pursuant to USAFT Regulation 10.

30.See USOC Constitution & Bylaws Article IX.

31.See USOC Constitution and Bylaws Article III, Section 5.

32.See Grievance Procedures for Code of Conduct and Team Selection – 2000 Olympic Games. These Grievance Procedures specify that the American Arbitration Association (AAA) will handle any dispute that the Secretary General is unable to resolve.

33.See USOC/ASDA Bilateral Agreement, Section IV, Provision 9.

34.See Grievance Procedures for Code of Conduct and Team Selection – 2000 Olympic Games.

35.An additional issue that arises, but is not discussed in this article, is whether one organization may pursue disciplinary action after action has been taken by the first organizations.

36.See IOC Olympic Charter, Section 5.

37.See IOC Medical Code Chapter VI, Article IV and Chapter III, Article I. Athletes agree to use the Court of Arbitration for Sport (CAS) to resolve all issues relating to disciplinary action that may arise during the conduct of the Olympic Games.

38.See id

39.See IOC Medical Code Chapter III, Article I.

40.See Grievance Procedures for Code of Conduct and Team Selection–2000 Olympic Games.

41.Unless the competition falls into one of the categories specified by the IAAF Rules. In such case, the IAAF would be responsible for conducting drug testing.

42.See above note.