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8 You Make the Call 1 (2006)

handle is hein.blasports/ansrvds0008 and id is 1 raw text is: Volume 8, Number 1 { Spring/Summer 20061 Alternative Dispute Resolution Australian Olympic Committee (AOC) v. Fidration Internationale de Bobsleigh et de Tobogganing (FIBT), CAS ad hoc Division (O.G. Turin 06) 010, award of February 20, 2006. The Brazilian and New Zealand four-man bobsled teams qualified for the Olympic Games by finishing first and second in the North American Challenge Cup. The Australian team finished third. The Brazilian Olympic Committee (BOC) conducted an out-of-competition doping test and one of the members of the bobsled team tested positive for the prohibited substance nandrolone. The BOC announced the positive result to the press, withdrew the bobsledder's accreditation and sent him home. The AOC appealed to CAS to declare the Brazilian team ineligible, thereby allowing the Australian team to qualify. According to CAS, because the positive result was announced without confirmatory analysis, it was considered an adverse analytical finding and not a doping violation. Therefore, because there was no doping violation, the Brazilian team could not be disqualified and the AOC's appeal was denied. Canadian Olympic Committee (COC) v. International Skating Union (ISU), CAS ad hoc Division (O.G. Turin 06) 006, award of February 17, 2006. In Olympic short track speed skating final A, the Canadian skater finished third. After the official result sheet was signed, the Canadian team leader discussed the event with members of the team and concluded that the second place athlete violated the kicking out rule. The team leader approached the head referee to protest, and was informed that the decision was not appealable. The COC did not formally protest to the ISU, but appealed to CAS. CAS rejected the appeal because if there was a right to file a protest, then it had to have been filed in writing with the ISU with the required deposit. Callas v. ATP Tour, CAS 2005/A/951, award of May 23, 2006. Cafias, an Argentinean tennis player, tested positive for hydrochlorothiazide after a sample was taken at an ATP tournament. The Anti-Doping Tribunal suspended him for two years, and he appealed. CAS upheld the suspension but suspended the requirement that Cafias repay any money he won. He requested @ Copyright 2006, National Sports Law Institute of Marquette University Law School Page 1

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