Athletes' Rights In View After IOC, CAS Differ On Olympians
Recently, Law360 interviewed Joseph R. Brubaker, Shareholder in Kirton McConkie's International Section to discuss the last-ditch appeal by nearly 50 Russian athletes to participate in the WInter Olympics despite a ban on their country's team for state-sponsored doping.
"While there are serious allegations against Russia that the world wants to see punished, it’s also important to afford athletes proper due process and not bar athletes who are truly clean.
When it comes to the 13 athletes and two coaches who had their lifetime bans lifted, Friday’s CAS decision reveals that there just may be a different standard for competing in the Olympics. The decision recognizes that even if the athletes are not banned, the IOC has the right to keep them out if it thinks the evidence warrants it.
'I agree with the exclusion, however unseemly it may be to exclude athletes that successfully appealed their doping allegations,' said Joseph R. Brubaker of Kirton McConkie PC, a sports and international arbitration litigator. 'From a legal perspective, it appears that the results can be justified by the different evidence and standards of review before each decision-making body.' 'As a practical matter, however, the best way for the International Olympic Committee to look good in this situation is to tie everything to Russia’s state-sponsored doping program,' he said."
To read the full article, click below: