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Sport Integrity Australia and WADA to appeal reduction in Shayna Jack’s doping suspension

Sport Integrity Australia and WADA to appeal reduction in Shayna Jack’s doping suspension
December 8, 2020
Legal / Sport /

The World Anti-Doping Agency and Sport Integrity Australia have each appealed the Court of Arbitration for Sport reduction of Australian swimmer Shayna Jack’s initial four-year doping suspension from international sport to two years.

Last month’s decision by the Court of Arbitration for Sport (CAS) indicated that the swimmer hadn’t intentionally taken the banned substance, Ligandrol, and, while not completely removing Jack’s suspension, reduced the ban.

However, with a three-week appeal window drawing to a close, in the last day Sport Integrity Australia (SIA) and the World Anti-Doping Agency (WADA) have each appealed the CAS decision.

After the ruling from CAS, Jack was due to make her return to international swimming in 2021 after the Tokyo Olympic Games, but the 2021 return could be again pushed to 2023 if WADA and SIA are successful in their appeals.

A statement posted yesterday on the SIA website advised “after careful consideration of the legal issues in Shayna Jack v Swimming Australia and Sport Integrity Australia, Sport Integrity Australia lodged a statement of appeal on Monday 7 December in the Court of Arbitration for Sport Appeal Division.”

Stating that the decision to appeal was based on the need for clarity in the application of key anti-doping legal principles, SIA Chief Executive, David Sharpe went on to explain “Sport Integrity Australia will always act to ensure a level playing field for athletes.

“In order to protect athletes and sporting competitions, we must have clarity and consistency in the application of the World Anti-Doping Code.”

SIA’s statement also noted that Swimming Australia, the Fédération Internationale de Natation (FINA), the World Anti-Doping Authority (WADA) and the athlete also have appeal rights.

The decision by WADA to appeal the length of the ban, follows the international anti-doping body having announced last month they were considering ending the suspension of athletes who had inadvertently tested positive to miniscule levels of banned substances.

The appeals will be heard by a panel of three arbitrators, one selected by Jack, one selected by the appealing party, and a third to act as president of the bench, selected by the CAS, with an expected six-nine month timeline for the court process.

WADA founding President, Dick Pound, after finding out Jack’s sentence was reduced to two years, rejected suggestions a lack of intent to take a banned substance proves innocence.

The ABC reported Pound as stating “(the) athlete was not innocent, it was a doped athlete, it was a doping offence.

“The only argument was what was the length of the sanction.

“She got that reduced because the CAS panel determined there was no significant fault.

“I don’t know what evidence they heard to overturn the four-year part, as opposed to two years, but that’s what courts are for.

“The sentence of the guilty person is reduced, but the person is still guilty.

“It’s very seldom that doping is accidental, notwithstanding what somebody caught will say.”

Doping offences in sport generally result in a four-year ban.

Click here to view SIA's statement on its appeal.

Related Articles

9th November 2020 - Kieren Perkins appointed as Swimming Australia President

30th October 2020 - Swimming Australia Chief Executive Leigh Russell to step down

15th October 2020 - International Swimming League announces season schedule and global broadcast deals

12th September 2020 - Death of former NSW Premier and WADA President John Fahey

9th September 2020 - Drug Free Sport New Zealand shares review recommendations on school rugby anti-doping programme

19th June 2020 - Sport Integrity Australia set to commence operations from 1st July

4th May 2020 - David Sharpe appointed as Chief Executive of new sport integrity agency

10th December 2019 - World Anti-Doping Agency bans Russia from Tokyo Olympics and 2022 FIFA World Cup

16th October 2019 - Melbourne media cast doubts over ASADA’s handling of Essendon doping scandal

30th July 2019 - ASADA says confidentiality vital to anti-doping process

29th July 2019 - Swimming Australia scrutinised over handling of Shayna Jack doping result

23rd July 2019 - Mack Horton and Swimming Australia face official rebuke over ‘drug cheat’ protest

18th June 2019 - New International League set to transform elite swimming

22nd August 2018 - ASADA Chief Executive David Sharpe says integrity reforms can end doping conflicts

17th July 2018 - WADA and ICSS cooperate to strengthen intelligence and investigation capacities

6th April 2014 - WADA Athlete Chair calls for greater athlete involvement for a clean sport

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