A guide to rights protection at major sporting events: Part 1 - identify rights & managing risk
Published Tuesday, 23 July 2024.
The International Olympic Committee and the Esports Integrity Commission Announce Historic Collaboration
The Esports Integrity Commission (ESIC) and the International Olympic Committee (IOC), and in particular the IOC’s Olympic Movement Unit for the Prevention of the Manipulation of Competitions (OM Unit PMC), proudly announce a historic letter of collaboration which will see the organisations work together and exchange information, expertise and best practices to combat corruption and other misconduct in esports.
The IOC’s OM Unit PMC, known for its commitment to safeguarding sports from corruption, will work closely with ESIC, the global industry body recognised for its standards on integrity in esports, across several key areas. The collaboration will involve the sharing of information and insights relating to esports integrity, and the development and implementation of strategies, initiatives and programs aimed at enhancing the integrity of esports. ESIC will also function as a specialist advisory body to the IOC and OM Unit PMC, providing guidance on esports related matters.
Friedrich Martens, Head of the OM Unit PMC at the IOC commented: “With numerous IFs organising esports competitions and the IOC planning to organise relevant competitions as well, we need to ensure that we have all the information and intelligence available to make sure that these competitions are free of manipulations or related breaches. Therefore we are very happy about this letter of collaboration formalising the long-standing communication between ESIC and the OM Unit PMC, particularly as esports is a developing area. Thus, we count on the support of ESIC for safeguarding the integrity and credibility of the esports competitions of the Olympic Movement, specifically to also further understand relevant risks and develop all right measures to mitigate them.
Stephen Hanna, Chief Executive Officer of ESIC expressed his enthusiasm about the collaboration, stating: “This collaboration with the IOC and the OM Unit PMC denotes a significant milestone for the global esports industry and is a testament to the IOC’s engagement with the industry in the development of its esports strategy. We are looking forward to working with the IOC to support its ambitious esports initiatives. This collaboration further validates the critical nature of ESIC’s mission and provides the industry with further assurance that ESIC’s work is meeting the evolving challenges to competitive integrity in esports.”
ITA Paris 2024 Pre-Games Program ramps up to focus on high-risk sports & athletes and supports global anti-doping efforts ahead of the Olympic Games
THE ITA PARIS 2024 PRE-GAMES PROGRAM ENTERS ITS FINAL PHASE OVER TWO MONTHS BEFORE THE SUMMER OLYMPICS ARE BOUND TO BEGIN. DURING THIS TIME AND UP UNTIL THE START OF THE COMPETITIONS, THE BULK (AROUND 70%) OF DOPING CONTROLS ON ATHLETES BOUND TO PARIS WILL HAPPEN AS THE QUALIFICATION PROCEDURES CONTINUOUSLY REVEAL PARTICIPANTS. THE ITA PARIS 2024 PRE-GAMES EXPERT GROUP MONITORS THE IMPLEMENTATION OF THE GLOBAL TESTING ACTIVITIES. A SPECIAL FOCUS IS PLACED ON HIGH-RISK ATHLETES, OF WHICH OVER 50% HAVE ALREADY BEEN TESTED AT LEAST ONCE SINCE JANUARY 2024. IN ADDITION, THE ITA NOW HAS THE AUTHORITY TO DIRECTLY TEST ALL SPORTS PARTICIPATING IN THE GAMES AS A COMPLEMENTARY MEASURE TO CLOSE TESTING GAPS.
Currently, still over 42’000 athletes are potential participants in the Olympic Games Paris 2024 with 10’500 to obtain their final ticket to the Olympic Village. The qualification procedures will continue up until the opening of the Games, constituting a challenge for anti-doping organisations that need to strategically test these athletes without being certain which ones will eventually take part in the Olympics. Anticipating these challenges, the ITA Paris 2024 Pre-Games Expert Group offers strategic support to National Anti-Doping Organisations (NADOs) and International Federations (IFs) worldwide that need to ensure their athletes are subject to a risk-proportionate and intelligence-led anti-doping program ahead of the Olympic Games.
Led by the ITA and consisting of international NADO and IF anti-doping experts, the ITA Expert Group conducted a comprehensive risk assessment based on the testing data available up to that point including an extensive analysis of data from the ITA’s pre-Games activities for Tokyo 2020. These models retrospectively show how the athletes who eventually competed in Tokyo were tested in the lead-up to the event and highlight potential risks and gaps that should be addressed for Paris 2024. In October 2023, the group issued testing recommendations to all relevant anti-doping organisations worldwide and has been monitoring their implementation ever since. As the qualification procedures will continue until shortly before the start of the first competitions in France, over 70% of the pre-Games doping tests take place from April until the end of July.
Within the framework of the ITA’s Paris 2024 Pre-Games Program, a special focus is put on potentially participating high-risk athletes. This risk is determined by several variables, of which the combination of the National Olympic Committee (NOC) to which they belong and their discipline is one of the determining factors. The Expert Group reports some progress in this area given the current timeframe and its recommendation that a minimum of three targeted doping controls be performed on high-risk athletes from the beginning of the year until the Games begin: over 50% of these high-risk athletes have already been tested at least once. 7% have been tested three times and a further 7% have been tested more than three times. As the majority of the tests will take place in the next 70 days, this can be seen as a positive trend in this area. More than two-thirds of these doping tests on high-risk athletes were carried out by NADOs, and around one-third by IFs.
As over 80% of the International Summer Olympic Federations whose disciplines are represented in Paris already delegate their anti-doping programs to the ITA throughout the year, the independent body has been implementing pre-Games testing on their behalf. For example, the ITA is taking due consideration to the current situation regarding Chinese swimmers. While neither the ITA nor its partner World Aquatics have come across any evidence that would suggest that a cover-up or a manipulation of the anti-doping process took place as some media reports suggest, the ITA has nonetheless taken the recent concerns over the matter into account. To ensure the credibility of the Games and reinforce the trust that the athlete community places in the global anti-doping system, the ITA decided, with the full support of World Aquatics, to adapt its testing plans to further reinforce independent and intelligence-led testing activities on all high-risk swimmers worldwide in this sensitive period ahead of the Games. This further reinforcement follows work carried out by the ITA on behalf of World Aquatics to increase these independent and intelligence-led testing activities on high-risk swimmers over the past three years.
In addition, since 18 April 2024, the ITA can directly implement doping controls on athletes from any sport on the program in Paris within the framework of the extended Testing Authority of the International Olympic Committee (IOC). This measure is a complementary tool that helps to ensure that testing gaps are addressed but is not intended to replace the efforts that need to be implemented by NADOs and IFs. The results of the monitoring efforts of the ITA Paris 2024 Pre-Games Expert Group will also be considered for targeted out-of-competition controls by the ITA from the opening of the Olympic Village and throughout the Games constituting another measure to avoid testing gaps.
The ITA also continues to implement doping controls on Russian and Belarusian athletes potentially participating in the Games as individual neutral athletes (AIN) for the sports it is responsible for using independent doping control officers outside of the country.
“The ITA Paris 2024 Pre-Games Program is a global effort to ensure that athletes can compete with confidence at the world’s greatest sporting event. The ITA is absolutely determined to ensure that all possible efforts are invested to safeguard fair play at the Olympics. In this crucial phase just over two months away from the start of the competitions in Paris the ITA thanks all anti-doping organisations dedicated to collaborating with us and working for the protection of athletes for their global efforts to ensure a level playing field at the Games. At the same time, we urge everyone involved to remain vigilant up until the end of the pre-Games phase and to use the strategic support offered by the ITA Paris 2024 Pre-Games Expert Group for adequate and risk-proportionate testing. The ITA will report the progress and outcome of the pre-Games program to the World Anti-Doping Agency (WADA) as the global anti-doping regulator.”, says ITA Director General Benjamin Cohen.
To further promote the quality and transparency of the ITA Paris 2024 Pre-Games Program, for the first time a Supervisory Panel was appointed by the ITA composed of Athletes’ representatives and members from eight IFs and NADOs to join the initiative in a supervisory and advisory role. The World Anti-Doping Agency (WADA) has also been invited to sit on the Supervisory Panel as observer and to monitor compliance aspects of the implementation of the testing recommendations.
U.S. Skiing Athlete Breezy Johnson Accepts Sanction for Whereabouts Rule Violation
USADA announced today that Breezy Johnson, of Victor, Idaho, an athlete in the sport of skiing, has accepted a 14-month sanction for committing three Whereabouts Failures within a 12-month period.
At the time of the Whereabouts Failures, Johnson, 28, was included in the USADA Registered Testing Pool (RTP), which consists of a select group of elite athletes subject to certain Whereabouts requirements in order to be located for out-of-competition testing. Within a 12-month period, Johnson accrued three Whereabouts Failures: the first on October 29, 2022, the second on June 13, 2023, and the third on October 10, 2023.
The accumulation of three Whereabouts Failures within a 12-month period constitutes a rule violation under the USADA Protocol for Olympic and Paralympic Movement Testing, the United States Olympic and Paralympic Committee National Anti-Doping Policy, and the International Ski and Snowboard Federation Anti-Doping Rules, all of which have adopted the World Anti-Doping Code. The period of ineligibility for Whereabouts rule violations ranges from one year to two years depending on the athlete’s degree of fault. In this case, USADA determined that a 14-month period of ineligibility was appropriate because Johnson’s degree of fault was relatively low given the circumstances of the case.
Johnson’s 14-month period of ineligibility began on October 10, 2023, the date of her third Whereabouts Failure. In addition, Johnson has been disqualified from all competitive results achieved on and subsequent to October 10, 2023, including forfeiture of any medals, points, and prizes.
Accurate Whereabouts information is crucial for effective out-of-competition testing, which helps deter and detect doping by enabling no-notice sample collection. This is especially important because some prohibited substances have limited detection windows. In an effort to aid athletes, as well as support team members such as parents and coaches, in understanding the rules applicable to them, USADA provides comprehensive instruction on its website on the testing process and prohibited substances, how to file and update athlete Whereabouts, how to obtain permission to use a necessary medication, and the risks and dangers of taking supplements, as well as performance-enhancing and recreational drugs.
The Court of Arbitration for Sport (CAS) Dismisses The Appeal Filed By The International Boxing Association (IBA) Against The Decision Of The IOC Session Withdrawing The Recognition Of The IBA As The International Federation For The Sport Of Boxing
The Court of Arbitration for Sport (CAS) has dismissed the appeal filed by the International Boxing Association (IBA) against the decision taken by the IOC Session on 22 June 2023 withdrawing the IOC’s recognition of the IBA as the IF for the sport of boxing. The IOC Session took its decision based on the recommendation issued by the IOC Executive Board (IOC EB) on 7 June 2023 following a long process, initiated shortly after the Olympic Games Rio 2016, during which the IOC requested the IBA to undertake various measures to address serious concerns related to its governance and financial stability. Such process included the implementation of a roadmap, recommended by the IOC to the IBA in December 2021, in order to demonstrate to the satisfaction of the IOC EB that the IBA had successfully addressed ongoing areas of concerns ahead of the IOC Session in 2023 where the inclusion of boxing in the Olympic programme would be discussed.
On 27 June 2023, the IBA filed an appeal at the Court of Arbitration for Sport (CAS) against the
decision of the IOC Session and sought to have it “annulled and set aside in full”. The CAS Panel
constituted to handle this matter heard the parties and their legal representatives on 16 November 2023 at the CAS Headquarters in Lausanne/CH.
In its final award, the CAS Panel noted that, as at the date of the Appealed Decision, the IBA had not complied with the conditions set down by the IOC for recognition, namely:
a. The IBA had not increased its financial transparency and sustainability including through
diversification of revenues.
b. The IBA had not changed its process relating to referees and judges to ensure its integrity,
including a monitoring period for IBA’s own competitions ahead of the Olympic Games Paris
2024.
c. The IBA had not ensured the full and effective implementation of all the measures proposed
by the “Governance Reform Group” established by the IOC, including a change of culture.
As a consequence, the Panel determined that these three elements justified the IOC Session’s decision
to withdraw recognition of the IBA and emphasized that the IOC’s right to control the circumstances in and the conditions on which it confers recognition outweighed the IBA’s personality rights.
The full reasoned award has been notified to the parties and will be published by CAS unless the parties request confidentiality.
First human rights challenge before Swiss Federal Tribunal after Semenya decision: Reiterates narrow scope of right of appeal
Published Thursday, 14 March 2024.
The Court of Arbitration for Sport (CAS) Registers Four Appeals Against The Re-Ranking Announced By The International Skating Union (ISU) in Relation to the Figure Skating Team Event
The Court of Arbitration for Sport (CAS) has registered the following appeals further to the announcement made by the International Skating Union (ISU) on 30 January 2024 by which the final standings for the Team Event in figure skating at the Olympic Winter Games Beijing 2022 were adjusted following the disqualification of the skater Kamila Valieva, a member of the Russian team:
CAS 2024/A/10354 Madeline Schizas, Piper Gilles, Paul Poirier, Kirsten Moore-Towers, Michael Marinaro, Eric Radford, Vanessa James and Roman Sadovsky, and, Skate Canada, and Canadian Olympic Committee (COC) v. International Skating Union (ISU), and, International Olympic Committee (IOC), and Russian Olympic Committee (ROC), and Figure Skating Federation of Russia, and, Aleksandr Galliamov, Victoria Sinitsina, Anastasia Mishina, Nikita Katsalapov, Kamila Valieva and Mark Kondratiuk
The Canadian Appellants in this appeal seek a ruling from CAS ordering the ISU to re-rank the figure skating Team Event at the 2022 Beijing Olympic Winter Games as follows:
i. United States of America: 67 points;
ii. Japan: 65 points;
iii. Canada: 55 points;
iv. ROC: 54 points;
v. People’s Republic of China: 52 points.
The Appellants further request that medals be awarded by the IOC, as follows:
i. Gold medal: United States of America;
ii. Silver medal: Japan;
iii. Bronze medal: Canada.
CAS 2024/A/10355 Russian Olympic Committee (ROC) v. International Skating Union (ISU)
CAS 2024/A/10360 Figure Skating Federation of Russia v. International Skating Union (ISU)
The Appellants in these separate appeals both seek a ruling from CAS ordering the ISU to re-rank the figure skating Team Event at the 2022 Beijing Olympic Winter Games as follows:
(l) ROC - Gold medal;
(2) United States of America - Silver medal;
(3) Japan - Bronze medal.
CAS 2024/A/10356 Aleksandr Galliamov, Nikita Katsalapov, Mark Kondratiuk, Anastasia Mishina, Victoria Sinitsina and Kamila Valieva v. International Skating Union (ISU)
The Appellants in this appeal are the athletes of the ROC figure skating team at the 2022 Beijing Olympic Winter Games who seek a ruling from CAS ordering the ISU to re-rank the figure skating Team Event at the 2022 Beijing Olympic Winter Games with the ROC team in first place and with the gold medal being awarded to the ROC athletes.
All four CAS arbitration procedures have just commenced. Given the early stage of the proceedings, no indication can be given as to when a hearing may take place, if any.
Ice hockey neck guards and legal liability following the tragic death of Adam Johnson
Published Friday, 16 February 2024.
WADA publishes Independent Observer team report for the 2023 European Games
The World Anti-Doping Agency (WADA) has published its Independent Observer (IO) team report regarding the anti-doping program of the 2023 European Games, which were held in Kraków, Poland, between 21 June and 2 July 2023.
WADA’s IO program is an important element of its compliance monitoring of Major Event Organizations, with IO teams providing an independent review of all aspects of the anti-doping programs as delivered at major events around the globe, including the Olympic and Paralympic Games. In addition to publishing this written report after the event, the team was also able to provide real-time feedback during the Games in a positive and collaborative way.
The anti-doping program of the 2023 European Games was operated by the International Testing Agency (ITA) on behalf of the European Olympic Committees (EOC) with support from the Polish Anti-Doping Agency (POLADA) and the local organizing committee. WADA’s IO team collaborated with the various organizations to help strengthen the program. The team consisted of:
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Stefan Trinks (Germany), Head of Testing, National Anti-Doping Agency Germany (Chair);
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Olympia Karavasili (Greece), WADA Deputy Director, Stakeholder Engagement and Partnerships (Vice-Chair and Manager);
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Ivan Ćosić (Croatia), World ParaVolley Athlete Representative and WADA Athlete Council member; and
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Ruta Banyte (Lithuania), Director, Lithuanian Antidoping Agency.
Mr. Trinks said: “It was a privilege to lead WADA’s Independent Observer team for the 2023 European Games in Poland. The team would like to thank and congratulate the European Olympic Committees, the International Testing Agency and the Polish Anti-Doping Agency, who all contributed to the success of the anti-doping program. We would also like to recognize the selfless efforts of the dedicated staff and volunteers who played an integral role in delivering the anti-doping program.”
The IO team observed all aspects of the European Games’ anti-doping program, including:
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Test distribution planning and implementation;
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Recruitment and training of sample collection personnel;
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Athlete selection, notification and sample collection procedures;
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Transport and chain of custody of samples;
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Therapeutic Use Exemption procedures; and
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Results management.
In addition to featuring the strengths of the program, the report also identifies a number of recommendations and best practices to consider for future European Games and other major events.
Balancing parallel governing body and police investigations: When to press pause and when to push back
Published Friday, 26 January 2024.
What does the future of integrated approaches to sports integrity look like?
Published Friday, 12 January 2024.
Strict eligibility conditions in place as IOC EB approves Individual Neutral Athletes (AINs) for the Olympic Games Paris 2024
The Executive Board (EB) of the International Olympic Committee (IOC) has decided that Individual Neutral Athletes (AINs) who have qualified through the existing qualification systems of the International Federations (IFs) on the field of play will be declared eligible to compete at the Olympic Games Paris 2024 in accordance with the the conditions outlined below. Individual Neutral Athletes are athletes with a Russian or Belarusian passport. The strict eligibility conditions based on the recommendations issued by the IOC EB on 28 March 2023 for International Federations and international sports event organisers will be applied.
Like all the other athletes at the Olympic Games, the Individual Neutral Athletes will also have to comply with the rules and regulations applicable at the Olympic Games, including anti-doping.
Like all the other athletes, they will also have to sign the updated Conditions of Participation applicable for Paris 2024. This contains a commitment to respect the Olympic Charter, including “the peace mission of the Olympic Movement”. Please find an excerpt of the new form here.
The Individual Neutral Athletes will be invited by the IOC and their respective IFs. Only a very limited number of athletes will qualify through the existing qualification systems of the IFs. Among the 4,600 athletes from around the world who have qualified for Paris 2024 so far, there are only 11 Individual Neutral Athletes (eight with a Russian passport plus three with a Belarusian passport). In comparison, to date more than 60 Ukrainian athletes have qualified for Paris 2024. It is expected that the Ukrainian delegation is going to be around the same size as at the Olympic Games Tokyo 2020.
The strict eligibility conditions for Individual Neutral Athletes at Paris 2024 are the very same strict eligibility conditions under which they qualified, namely:
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Qualified athletes with a Russian or Belarusian passport will be entered as, and compete as, Individual Neutral Athletes (“AINs”).
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Teams of athletes with a Russian or Belarusian passport will not be considered.
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Athletes who actively support the war will not be eligible to be entered or to compete. Support personnel who actively support the war will not be entered.
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Athletes who are contracted to the Russian or Belarusian military or national security agencies will not be eligible to be entered or to compete. Support personnel who are contracted to the Russian or Belarusian military or national security agencies will not be entered.
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Any such Individual Neutral Athlete, like all the other participating athletes, will have to meet all anti-doping requirements applicable to them in the lead-up to and at the Olympic Games Paris 2024, and particularly those set out in the anti-doping rules of the IFs.
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The sanctions against those responsible for the war, the Russian and Belarusian states and governments, remain in place for the Olympic Games Paris 2024. This means, in particular, that:
- No flag, anthem, colours or any other identifications whatsoever of Russia or Belarus will be displayed at the Olympic Games Paris 2024 in any official venue or any official function.
- No Russian or Belarusian government or state officials will be invited to or accredited for the Olympic Games Paris 2024.
The practical application of today’s IOC EB decision can be found in the “Principles Relating to the Implementation of the Participation for Individual Neutral Athletes and their Support Personnel with a Russian or Belarusian Passport at the Olympic Games Paris 2024”, which is a separate document and can be found here. It says amongst other things that the IOC will seek an independent evaluation of the eligibility of each qualified AIN proposed by the IF, and their support personnel.
The considerations of the IOC EB included, amongst others:
- The call by the International Federations at the Olympic Summit on 5 December 2023 to take such a decision as soon as possible (please see here the communiqué of the Olympic Summit). The call by the IFs was supported by the Association of National Olympic Committees (ANOC), the Continental Associations of National Olympic Committees (NOCs) and the NOCs present.
- The view of the overwhelming majority of athletes not to punish fellow athletes for the actions of their government.
- The fact that all these calls and views were reaffirmed and further strengthened in consultation calls with the stakeholders of the Olympic Movement this week: the IOC Members, the network of athlete representatives, the International Federations and the National Olympic Committees.
- Olympic Truce Resolution A/RES/78/10 by the United Nations (UN) for the Olympic and Paralympic Games Paris 2024, which supports the autonomy of sport and the political neutrality of the IOC, as enshrined in the Olympic Charter. It was approved by an overwhelming majority of 118 Member States, with only two countries abstaining (the Russian Federation and the Syrian Arabic Republic) and no votes against. (Please find more information here)
- The G20 New Delhi Leaders’ Declaration, which said in September: “We also look forward to the Paris Olympic and Paralympic Games in 2024 as a symbol of peace, dialogue amongst nations and inclusivity, with participation of all.” (Please find more information here)
- The declaration by the Non-Aligned Movement, comprising 120 UN Member States, which said: “The participation of athletes from all 206 National Olympic Committees in Paris 2024 Olympic and Paralympic Games would be a strong symbol of unity of humanity.” (Please find more information here)
- The concerns of two Special Rapporteurs from the UN Human Rights Council, requesting that the IOC ensure the “non-discrimination of any athlete on the basis of their nationality”.
- The reassurances at the Olympic Summit by the President of the World Anti-Doping Agency (WADA) and the Chair of the International Testing Agency (ITA) that doping controls in Russia continue. This year, more than 10,500 samples from Russian athletes in and out of competition have been collected despite the extremely limited number of AINs taking part in international competitions. This means that Russia remains among the top-ten nations being tested. In addition, it was indicated that the ITA had conducted well over 400 out-of-competition tests on athletes with Russian nationality in 2023. Both blood and urine samples are transported with a strict chain of custody to multiple laboratories outside the country. Any adverse analytical findings are actioned and monitored by WADA.
- The fact that the ITA’s intelligence-led Pre-Games Testing Anti-Doping Programme, which targets athletes, sports and countries with the highest risks and athletes who are likely to qualify for Paris 2024, includes Russian athletes.
Despite the suspension of the Russian Olympic Committee (ROC), the IOC EB did not change its recommendations concerning the participation of AINs under these strict conditions. The protection of the rights of individual athletes to participate in competitions despite the suspension of their NOC is a well-established practice, respecting human rights, and has been implemented across a number of suspended NOCs during past Olympic Games. The ROC had to be suspended because of its unilateral decision to include as its members the regional sports organisations under the authority of the NOC of Ukraine, which is a breach of the Olympic Charter because it violates the territorial integrity of the NOC of Ukraine.
The IOC EB also reaffirmed again the steadfast commitment of the entire Olympic Movement to help Ukrainian athletes in every way possible, in order to see a strong team from the National Olympic Committee of Ukraine at the Olympic Games Paris 2024 and the Olympic Winter Games Milano Cortina 2026. In order to achieve this, the IOC has tripled its Solidarity Fund for the NOC of Ukraine to USD 7.5 million.
At least 3,000 Ukrainian athletes and other members of the Olympic community of Ukraine have benefitted from the IOC Solidarity Fund through the NOC of Ukraine over the past 12 months, and from direct assistance from other Olympic Movement stakeholders, including the IFs and the NOCs. These efforts have taken the form of financial and logistical support, in order to ensure that Ukrainian athletes can continue to train and take part in competitions by providing travel support, training facilities, accommodation, equipment and uniforms, amongst other items.
Canadian Safe Sport Think Tank Report
Recently, a cross-section of Canadian sports people gathered for the Canadian Safe Sport Think Tank hosted by Global Athlete and Gymnasts for Change Canada to collectively address the country’s sporting crisis. Olympic and National Team athletes, advocates, survivors, sports administrators, coaches, and scholars engaged in a comprehensive examination of the Canadian sport system and collaborated to identify a pathway for its recovery and reconstruction.
For the last two years, the culture and operations of sport in Canada have been under the spotlight for its failures to adequately serve and protect all Canadians who participate in sport. Despite the heightened scrutiny from the parliamentary hearings conducted by Canadian Heritage and the Standing Committee on Status of Women, there has been limited action from both the Government of Canada and national sport leaders to acknowledge and act upon the national crisis to ensure sport in Canada becomes a safe, healthy, and equitable environment for all.
Recognising the lack of inaction, the Think Tank welcomed participants over two days and provided a safe space to offer open and honest feedback and perspectives on the Canadian sport system. Through multiple comprehensive roundtables, four pivotal themes emerged as playing a role in the shortcomings of Canada’s sport system:
Collusion and Conflicts of Interest: The Canadian sport system was discerned to be duplicitous by design, with a high level of collusion, where conflicts of interest and hidden affiliations protect the status quo and serve nationalist goals driven by the capitalization of sport and commercial exploitation of athletes. Power is limited to a few organizations such as Own the Podium (OTP) and the Canadian Olympic Committee (COC), leaving National Sport Organizations (NSOs) in a vulnerable position, where fear of losing funding dictates the operation of their sports.
Nationalist Goals of Sport within the Global System: With sport placed under Heritage Canada, the Canadian sport system has been set up to utilize 1% of sport population, the elite athletes, to promote Canada’s identity, culture, values, and legacy on global scale. This approach does not serve 99% of the sporting population who play sport for fun, health and socialization.
The Exploitation of Athletes: There is little to no protection of athletes in Canada. Established safe sport systems are failing the 1% population of elite athletes and neglecting the 99% of the sporting population. This is leaving athletes powerless, with almost no representation and little bargaining power. Sport has purposely self-regulated, with minimal oversight, to deny access to justice and remedy to athletes who are maltreated – facilitating and exacerbating the denial of their basic human rights.
National Inquiry: The Canadian sport system is failing the masses while simultaneously eroding high-performance sport. A national inquiry is necessary to understand what all Canadians need and want from sport and how sport can best become a tool for health, community, and development, instead of a propaganda tool for nationalist goals.
If the Canadian sport system continues to operate in this manner, the ability to create, serve, and maintain a healthy population and a healthy and successful sporting culture will be eroded.
These findings are further detailed in the report - click here to read.
Key sports law decisions by the Swiss Federal Tribunal published in first half of 2023
Published Friday, 01 September 2023.
A comprehensive overview of new legislation regulating sports betting in Brazil
Published Tuesday, 29 August 2023.
Sports marketing and sponsorships in Japan - Legal issues & key takeaways
Published Friday, 18 August 2023.
Sports Lawyer in the Spotlight: Brianna Quinn
Published Monday, 14 August 2023.
IOC marks Safe Sport Day with two new athlete safeguarding courses
The fallout from the cancellation of the 2026 Commonwealth Games by Victoria
Published Thursday, 27 July 2023.
Paris 2024 strives to maximise the socio-economic impact of sport
New IOC Mental Health Action Plan to further focus on well-being of athletes and promoting psychologically safe environments
The Olympic Refuge Foundation’s Annual Report provides hope amidst mass displacement
Thomas Bach: “We are standing together in the interest of the athletes. They bring our values to life”
eFIBA exhibition on NBA2K23 ready to rock first ever Olympic Esports Week
A guide to rights protection at major sporting events: Part 2 - educate, monitor & enforce
Published Tuesday, 23 July 2024.
Key considerations for athletes for selection disputes
Published Friday, 21 June 2024.
AIU Bans Kipruto For Six Years For ABP Violation
5 JUNE 2024, MONACO: World Championship 10,000 metres bronze medallist and 10-kilometre road-running world record-holder, Rhonex Kipruto, has been banned for six years by the Athletics Integrity Unit (AIU) after a Disciplinary Tribunal ruled irregularities in his Athlete Biological Passport (ABP) resulted from doping.
After considering submissions from experts, the Tribunal rejected Kipruto’s defence, concluding the “cause for the abnormalities in the ABP is more likely to be due to blood manipulation” such as through the use of recombinant human erythropoietin (rEPO), while pointing out there was “no other plausible explanation” for the abnormal values
The 24-year-old Kenyan was provisionally suspended on 11 May last year under the World Athletics Anti-Doping Rules (ADR) – ADR 2.2 relating to the “Use or Attempted Use by an Athlete of a Prohibited Substance or a Prohibited Method” – after irregularities were detected in his ABP dating back to July 2018. He is now banned until 10 May 2029 and will have some top honours disqualified.
Between 9 July 2018 and 15 March 2022, 32 blood samples from the athlete were collected and analysed to create his biological passport. Three experts subsequently analysed the passport, while also reviewing the athlete’s Whereabouts along with his competition schedule and deemed in a unanimous opinion that doping was “highly likely” based on a number of “abnormal haematological patterns”.
Kipruto denied the Anti-Doping Rule Violation (ADRV) charge, contending that his ABP abnormalities were due to multiple factors such as natural and specific characteristics of his body, various medical conditions and health conditions.
“Having reviewed and considered carefully the totality of the Athlete’s evidence, the Panel
is comfortably satisfied that (the AIU) has discharged its burden of proof and established that the Athlete has committed an ADRV,” the panel of the Disciplinary Tribunal concluded.
In reaching its decision, the Disciplinary Tribunal said “the Expert Panel thoroughly analysed all arguments put forward by the Athlete and clearly demonstrated each time, by presenting supporting scientific evidence, why the Athlete’s arguments could not explain the abnormalities in the Passport”.
In the Panel’s view:
- the Athlete was involved in a deliberate and sophisticated doping regime over a long period of time in order to artificially enhance his performance through doping.
- Several abnormalities found in the Athlete’s ABP were linked to important competitions including the Valencia Half Marathon in 2020 and Kenyan Olympic Trials in 2021.
- Blood doping outside of competitions can also be used to gain an advantage as it permits more intense training and this has an obvious effect on performance even after a significant period of time. This is corroborated by the fact that in recent years many athletes have been found positive for EPO far outside of competition.
Considering the case’s aggravating circumstances, the Tribunal imposed the maximum period of ineligibility of six years and also disqualified Kipruto’s competitive results from 2 September 2018 to 11 May 2023. This means the athlete’s 10-kilometre road-running world record in Valencia in 2020; 10,000 metres bronze medal in the 2019 World Athletics Championships in Doha and 10,000 metres victory in the 2019 Stockholm Diamond League, among many other honours, will be annulled.
“The ABP is a critical tool in the quest to combat doping in elite athletes and this decision upholds important principles relating to ABP cases,” said AIU Head Brett Clothier.
“It can be difficult to directly detect the substances or methods used by sophisticated dopers, but the ABP gives us a chance to observe the telltale signs of blood doping over time. For this reason, the AIU conducted more than 4,700 ABP tests in 2023 on elite athletes and we will continue to invest heavily in our ABP programme going forward.”
The ABP, introduced in 2009 to fight blood doping, is an electronic record that collects an athlete’s biological data over time to indirectly detect the effects of doping. The ABP collates data including an athlete’s haemoglobin concentration and percentage of immature red blood cells (reticulocytes) and identifies unusual variations using a statistical model. The anonymised data is analysed by independent experts and, for a case to proceed, three of them must unanimously conclude that doping is likely
This decision is subject to appeal to the Court of Arbitration for Sport (CAS).
Details here: https://bit.ly/World-Athletics-v-Rhonex-Kipruto-Decision
Top 10 Tips for launching an ‘Independent Review’ in Sport
Published Wednesday, 15 May 2024.
Navigating the IOC’s social media guidelines for Paris 2024 – What athletes can and can’t do
Published Friday, 05 April 2024.
Olympic Games Rio 2016 re-analysis – the ITA notifies cyclist Christos Volikakis of a potential anti-doping rule violation
Following the launch of the sample re-analysis program for the Olympic Games Rio 2016, the ITA reports that the re-analysis of a sample collected from athlete Christos Volikakis has returned an Adverse Analytical Finding¹ for SARMS LGD-4033 metabolite, a non-specified prohibited substance according to the Prohibited List of the World Anti-Doping Agency (WADA).
The sample was collected by the IOC during an in-competition anti-doping control performed on 16 August 2016 during the cycling track sprint event at the Olympic Games Rio 2016. The sample was first analysed during the Olympic Games Rio 2016 and was reported as negative with the detection methods applied by the WADA-accredited laboratory available at the time.
The athlete has been informed of the case. He has the right to request the analysis of the B-sample. If the B-sample analysis is requested and confirms the result of the A-sample, or if the B-sample analysis is not requested, the case will proceed as a confirmed anti-doping rule violation. The athlete has the opportunity to present his explanations for the positive result.
The matter will thereafter be referred to the Anti-Doping Division of the Court of Arbitration for Sport (CAS ADD) for adjudication under the IOC Anti-Doping Rules.
Given that the case is underway, there will be no further comments during the ongoing proceeding.
World Athletics Approves AIU’s Request For Tougher Testing For Four Federations
Athletes from Brazil, Ecuador, Peru and Portugal will face more stringent Out-of-Competition (OOC) testing to be eligible for the Paris 2024 Olympic Games following the World Athletics’ (WA) Council’s approval of a recommendation from the Athletics Integrity Unit’s (AIU) Board to impose tougher testing requirements on those federations ahead of the Summer Olympics.
The four federations received clear warnings from the AIU about the insufficiency of their national testing programmes after the World Athletics Championships 2022 in Eugene. All four failed to ensure that there was proportionate OOC testing for their teams at the following World Athletics Championships in Budapest 2023. The Council has subsequently accepted the AIU’s call for all four federations to have testing eligibility conditions imposed on their athletes in order to participate in Paris 2024 as follows:
- In the ten months prior to 4 July 2024, each athlete must have undergone at least three no notice out-of-competition tests (urine and blood) including, if they compete in any event from 800m upwards, at least one Athlete Biological Passport test and one EPO test;
- The three no-notice out-of-competition tests have been conducted at least three weeks apart;
- The first of the three no-notice out-of-competition tests has been conducted no later than 19 May 2024.
This mandatory testing will affect athletes who are not part of the AIU’s Registered Testing Pool (RTP) and the stipulations are similar to the minimum regulations to which Member Federations in ‘Category A’ of Rule 15 of the World Athletics’ Anti-Doping Rules must adhere. ‘Category A’ Member Federations are deemed to have the highest doping risk and are considered a threat to the overall integrity of the sport. Under Rule 15, these four Member Federations were in ‘Category B’ and considered to have less doping risk. However, the AIU Board has taken this unprecedented step due to the federations’ failure to improve their OOC testing. By contrast, other federations who received similar warnings following the Eugene World Athletics Championships in 2022 – the Czech Republic and New Zealand – improved their testing dramatically.
“We are pleased with the Council’s decision to support the AIU recommendations. This action is tough, but necessary as we did not receive an adequate response from these federations to clear warnings we gave in the lead up to the World Athletics Championships last year,” said AIU Chair David Howman.
“In this Olympic year, we trust this will be a reminder to all Member Federations that the AIU and World Athletics are extremely serious about ensuring a level-playing field for athletes. It is up to all Member Federations to work together with their National AntiDoping Organisations to ensure their team is sufficiently tested prior to Paris 2024 and the AIU will not hesitate to refer any other federation to the Council if we do not see sufficient testing.”
AIU UNVEILS TESTING STATISTICS: IMPROVEMENT IN NATIONAL TESTING PRIOR TO BUDAPEST WORLD ATHLETICS CHAMPIONSHIPS
On a brighter note, Howman revealed national-level testing in athletics is improving but needs further strengthening to safeguard the integrity of premium events.
“Overall, national-level testing in our sport is trending in the right direction. There have been some impressive efforts across the board and this data is a lot better than preEugene.”
Unveiling testing statistics for the 49 biggest Member Federation teams in the lead-up to Budapest (link here), the AIU Chair highlighted key improvements compared to testing prior to the 2022 World Athletics Championships in Eugene. For context, 2,004 athletes competed in Budapest, compared to 1,719 in Eugene (a 17% increase). The testing statistics relate to tests conducted by either the AIU or National Anti-Doping Organisations (NADOs) in the ten months preceding the event and do not include tests conducted onsite before or during the Championships.
HIGHLIGHTS AND COMPARISONS
- 5,542 OOC tests were conducted on athletes in the lead-up period to Budapest, compared to 4,235 for Eugene (30% increase).
- 2,924 in-competition tests prior to Budapest compared to 2,124 prior to Eugene (37% increase).
- 8,466 total tests prior to Budapest compared to 6,359 for Eugene (33% increase).
- A decrease of six per cent (from 33% to 27%) in the number of athletes at the Championships with zero OOC tests in the lead-up period.
- A three-per-cent increase (from 81% to 84%) in the number of athletes who finished Top-8 in an individual event with three or more OOC tests.
- Top-8 finishers were tested on average 5.54 times OOC in the lead-up to Budapest, compared with 4.8 times in Eugene.
- Kenya (11.4), China (11.3), Ethiopia (8.9), Morocco (7.1) and USA (6) averaged the highest number of tests per athlete pre-Budapest.
The AIU is responsible for testing elite international-level athletes in its RTP, mainly those in the Top 10 of their discipline, who are likely to win medals or reach finals at major international events. To complement its high-level testing programme the AIU cooperates closely with NADOs, urging them to focus domestic RTPs on the next tier of athletes. This way, the pinnacle of the competition is well protected from athletes who emerge quickly through the rankings or produce surprise performances, or where the depth of talent means results are unpredictable.
The data published today shows the results of this collaborative approach. An event like the World Athletics Championships is huge, with more than 2,000 competitors, many of whom would not have been in any testing pool and therefore not subject to OOC testing. Consequently, 27 per cent of the 2,004 athletes in Budapest had zero OOC tests in the ten months prior to the event. However, this number drops dramatically to just six per cent for the Top-8 finishers (the finalists) in individual events. Another key finding is that 45 per cent of the athletes had three or more OOC tests, but this number rises to 84 per cent for the Top-8 finishers. In fact, Top-8 athletes averaged 5.54 OOC tests in the lead-up to the World Championships.
“The release of these statistics is in keeping with the AIU’s commitment to greater transparency and accountability to our community and to the public in general,” said Howman. “It is particularly important to release this data at the start of an Olympic year to highlight strengths and weaknesses in national testing programmes and seek appropriate responses.”
EXPLANATORY NOTE:
As part of its responsibilities, the AIU continuously monitors testing at national level, both for (i) ensuring good coordination and no redundancy with its own testing programme and (ii) for monitoring compliance with the testing requirements set out under World Athletics Rule 15.
Under the framework of Rule 15, governing National Federation Anti-Doping Obligations, which came into force in January 2019, National Federations are accountable for ensuring appropriate anti-doping measures are in place in their respective jurisdictions. Among other things, the Rule sets out minimum requirements for testing of the ‘Category A’ National Federations which are deemed to have the highest doping risk and are considered a threat to the overall integrity of the sport.
The Court Of Arbitration For Sport (CAS) Dismisses The Appeal Filed By The Russian Olympic Committee (ROC) Against The Decision Taken By The International Olympic Committee To Suspend Its Membership
The Court of Arbitration for Sport (CAS) has issued its decision in the appeal arbitration proceedings between the Russian Olympic Committee (ROC) and the International Olympic Committee (IOC) in which the ROC sought to set aside the decision rendered by the IOC Executive Board (IOC EB) on 12 October 2023 (the Challenged Decision) in which it was suspended from the IOC with immediate effect until further notice due to its decision to include as its members some regional sports organisations which are under the authority of the National Olympic Committee (NOC) of Ukraine (Donetsk, Kherson, Luhansk and Zaporizhzhia).
The CAS Panel in charge of this matter dismissed the appeal and confirmed the Challenged Decision, finding that the IOC EB did not breach the principles of legality, equality, predictability or proportionality.
The Arbitral Award issued by the CAS Panel is currently subject to a confidentiality review meaning that the parties might request that the Arbitral Award, or certain information contained in it, remain confidential. For this reason, the Arbitral Award will not be published immediately on the CAS website.
The CAS Panel’s decision is final and binding except for the parties’ right to file an appeal to the Swiss Federal Tribunal within 30 days on limited grounds.
Sports Law from an athlete’s perspective: Key Takeaways
Published Wednesday, 14 February 2024.
The ITA publishes National Olympic Committee (NOC) Clean Sport Education Guide for the Olympic Games Paris 2024
ENSURING ATHLETES AND THEIR ENTOURAGE ARE EQUIPPED WITH THE NECESSARY KNOWLEDGE TO SAFEGUARD THEMSELVES AGAINST DOPING IS PARAMOUNT. THE NOC CLEAN SPORT EDUCATION GUIDE FOR THE OLYMPIC GAMES PARIS 2024 IS A RESOURCE CRAFTED BY THE INTERNATIONAL TESTING AGENCY (ITA) IN PARTNERSHIP WITH THE INTERNATIONAL OLYMPIC COMMITTEE (IOC) AND WITH THE SUPPORT OF THE WORLD ANTI-DOPING AGENCY (WADA). IT HELPS NATIONAL OLYMPIC COMMITTEES (NOCS) PARTICIPATING IN THE UPCOMING OLYMPIC GAMES TO PROVIDE CLEAN SPORT EDUCATION FOR THEIR ATHLETES AND ATHLETE SUPPORT PERSONNEL (ASP) IN PREPARATION FOR THE EVENT.
NOCs have a specific responsibility around Major Events to educate athletes selected to participate in the Games and their ASP, in cooperation with the National Anti-Doping Organisation (NADO) and National Federations (NFs).
CLICK HERE TO DOWNLOAD THE NOC CLEAN SPORT EDUCATION GUIDE: A RESOURCE FOR THE OLYMPIC GAMES PARIS 2024
The WADA International Standard for Education promotes the principle that athletes and their ASP should be educated prior to arriving at a Major Games or event. Consistent clean sport education being imperative throughout an athlete’s career, the ITA’s NOC Clean Sport Education Guide for Paris 2024 supports this endeavour in the lead-up to the Games to educate and protect them. This is highlighted by Benjamin Cohen, ITA Director General: “Providing education resources and activities prior to the Games is an additional measure to ensure the well-being of all athletes involved, raise awareness of doping control procedures and provide a solid foundation for fair play for Paris 2024. We thank the IOC and WADA for their valuable support in this initiative and trust that the NOCs will find this guide useful in their preparation efforts.”
“As the body charged with delivering an independent anti-doping program in Paris on behalf of the IOC, it is imperative that we uphold the integrity of the event, not just through testing, but in all facets of clean sport.”
The guide was designed specifically for NOCs but is available to all organisations to support the principle that an athlete’s first experience with anti-doping should be through education rather than doping control.
Collaboration and cooperation are vital for clean sport and the ITA would like to thank Anti-Doping Denmark (ADD), the Azerbaijan National Antidoping Agency (AMADA), the Doping Authority Netherlands (Dopingautoriteit), Drug Free Sport New Zealand (DFSNZ), the Slovenia Anti-Doping Organisation (SLOADO), NADA Germany, the Japan Anti-Doping Agency (JADA) and the Southeast Asia Regional Anti-Doping Organisation (SEARADO) for their contributions to the Guidebook.
The ITA has also collaborated with WADA and the IOC to prepare a dedicated online education course for athletes and coaches aiming to attend the Olympic Games Paris 2024. The course is available on WADA’s Anti-Doping Education and Learning Platform (ADEL) and was launched in October 2023. The ITA also continues to offer all athletes, ASP, coaches and anyone interested freely accessible monthly webinars on various clean sport topics. A dedicated edition on the Paris 2024 anti-doping program will be held on 30 May 2024, the registration is already open and available here. The archive of previous editions of the webinars can be found here.
For any questions related to the ITA Paris 2024 NOC Clean Sport Education Guide or clean sport education, please contact our education team –
An analysis of the new CAS Guidelines on examining vulnerable witnesses and testifying parties
Published Wednesday, 24 January 2024.
The ITA welcomes the decision of CAS confirming the sanction of weightlifter Nijat Rahimov for sample swapping
As a follow-up to the ITA’s and the World Anti-Doping Agency’s (WADA) investigations on doping in the sport of weightlifting until 2018, the ITA had received WADA’s case file pertaining to “Operation Arrow”. This investigation focused on the practice of urine substitution at the point of collection. After a thorough assessment of the information and evidence the ITA decided to assert an anti-doping rule violation (ADRV) for sample swapping against athlete Nijat Rahimov (Kazakhstan). The urine substitution (Article 2.2 of the IWF Anti-Doping Rules) occurred on four occasions over a period of time in 2016, in preparation for the Olympic Games Rio 2016.
On 22 March 2022, the anti-doping division of the Court of Arbitration for Sport (CAS ADD) sanctioned the athlete with 8 years of ineligibility and the disqualification of all results obtained from 15 March 2016.
On 12 April 2022, the athlete filed an appeal before CAS. A hearing took place on 22 September 2022 at the CAS headquarters in which the ITA represented the International Weightlifting Federation (IWF). After hearing the parties and considering the written submissions and evidence, CAS confirmed that the athlete had committed several ADRVs for the of use of a prohibited method (urine substitution) in accordance with Article 2.2 of the IWF Anti-Doping Rules.
In its decision, CAS notably held that this matter was “a clear case of cheating by an athlete seeking to avoid anti-doping testing” and that “this is the kind of cheating the anti-doping rules are designed to prevent”.
Since this was the athlete’s second ADRV, CAS confirmed that Nijat Rahimov should be sanctioned with 8 years of ineligibility. The disqualification of all results obtained by the athlete from 15 March 2016 (date of the first evidence of urine substitution) until the provisional suspension imposed on 18 January 2021, which includes the gold medal obtained at the Olympic Games Rio 2016 (Men’s 77 kg), was also confirmed.
The ITA will not comment further on this case.
UKAD records an increase in testing numbers in its latest quarterly testing report
UK Anti-Doping (UKAD) has released its second quarterly testing report of the Financial Year covering July to September 2023 (quarter two of 2023/24).
UKAD conducted 2,175 tests during July to September 2023, an increase of 99 tests against the previous quarter (quarter one: 2,076 tests) and an increase of 81 tests against the same quarter of last year (quarter two 2022/23: 2,094).
The most tested sports in quarter two were football, cricket, rugby union, rugby league, athletics and professional boxing. DCP provide both in- and out-of-competition testing with no advanced notice, following the International Standard of Testing and Investigations.
UKAD’s Testing Programme targets the greatest threats to clean sport, which also focusses on the build-up to major sporting events. During this quarter, the Testing Programme targeted athletes preparing for places at the Paris 2024 Olympics and Paralympics, as well as the 2023 FIFA Women’s World Cup, the Men’s Rugby World Cup 2023 France and the Men’s Cricket World Cup 2023.
UKAD’s testing reports also include information on the number of whereabouts failures, adverse analytical findings, and anti-doping rule violations during the quarter.
Hamish Coffey, UKAD’s Director of Operations, said:
“The Testing Programme is a valuable tool in UKAD’s operations to maintain clean sport and support a level playing field for athletes. The Programme uses an intelligence-led and risk-based approach to target areas of sport and the individuals who we believe have the potential to dope, and this is complimented by our education work to support athletes on their responsibilities.
I’d like to thank our Doping Control Personnel who provide a world-class service collecting test samples, and all stakeholders and partners across sport and the Anti-Doping sector who we support through the Testing Programme.”
UKAD’s Intelligence-led Testing Programme is part of a multi-faceted approach which includes education, intelligence and investigations, assuring confidence in clean sport and protecting the integrity of sport.
To read the full report click here.
Beyond the policy: Creating a culture of safeguarding in sport in UK
Published Friday, 27 October 2023.
8 things sports businesses should know before entering into vendor and service agreements
Published Thursday, 31 August 2023.
The Battle For Olympic Selection And Coaches Conflict Of Interest - Manika Batra Vs TTFI
Published Friday, 25 August 2023.
The lifecycle of an international athlete - Important pension considerations
Published Wednesday, 16 August 2023.
International Youth Day: the IOC and Allianz reveal global research findings on youth participation in sport
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