Tuesday, August 04, 2009

How practical?

From the WADA Athletes Whereabouts Guidelines

3.3 The overriding principle is that it is the responsibility of the Athlete to make him/herself available for Testing. In particular, if the Athlete specifies a location for the 60-minute time-slot where it is not easy to find him/her, and/or he/she does not remain at that location for the full 60-minute time-slot, he/she risks a Missed Test.

3.4 Residence: The Athlete must provide, for each day in the following quarter, the full address of the place where he/she will be residing (i.e., sleeping overnight). (See IST clause 11.3.1(d)). Usually, that address would be expected to be in the same vicinity as the location specified for the 60-minute time-slot for that day, unless the Athlete will be travelling to another city or town during the day and wishes to specify a location at his/her destination for the 60-minute time-slot. If circumstances change so that the Athlete will be residing at a different place on one or more nights, he/she should update his/her Whereabouts Filing

3.5.2 If the Athlete’s regular schedule changes during the quarter, he/she should update his/her Whereabouts Filing to reflect the change. For example, if he/she changes schedule so that instead of going to the gym every morning from 10 am to noon, he/she goes every afternoon from 2pm to 4pm, then he/she should update his/her Whereabouts Filing to reflect that change.

3.5.3 On the other hand, if the Athlete simply departs from his/her regular schedule on a one-off basis, he/she does not need to update his/her Whereabouts Filing to reflect that. For example, if he/she usually goes to the gym every morning from 10 am to noon, but on one particular day in the quarter he/she goes to the gym not between 10 am and noon but instead between 3 pm and 4 pm, no update is necessary to reflect that.

3.6 60 minute timeslot: The Athlete must provide, for each day during the following quarter, one specific 60-minute time-slot between 6 am and 11 pm each day where the Athlete will be available and accessible for Testing at a specific location. (See IST clause 11.3.2). If circumstances change so that the Athlete will no longer be at that location at that time, he/she should update his/her Whereabouts Filing

3.7 As the comment to IST 11.3.3 states, if an Athlete does not know, at the beginning of the quarter, precisely what his/her whereabouts will be for each day in the quarter, he/she must provide his/her best information, based on where he/she expects to be at the relevant time(s), and then update that information as necessary in accordance with IST clause 11.4.2.

3.8 The Responsible ADO should monitor Whereabouts Filings for patterns of behaviour that may indicate an attempt to evade Sample collection or otherwise to undermine or hinder the Doping Control process. For example, if an Athlete is constantly updating his/her Whereabouts Filings to change the time and/or location for his/her 60-minute time-slot at the last minute, the Responsible ADOshould consider whether this may reflect a concerted effort to undermine attempts to locate him/her for Testing. Such a pattern of last-minute updates should be investigated as a possible anti-doping rule violation under Code Article 2.5 (Tampering or Attempted Tampering) or 2.3 (evasion of Sample collection).
Now, all of us travel. By planes, trains and by road. And we all have had to deal with missed flights, delayed departures and arrivals, traffic jams, fender benders and such like. And we all know that all of these take time to sort out.

Most, if not all, of us have encountered cell phone dead zones. And the odd flaky internet connection.

Now, imagine athlete A. A signatory to the Athlete whereabouts program. Now it is not outside of the realm of imagination that the said athlete will be better placed to detail his/her exact whereabouts ( including the 60 minute slot that is mandatorily required) on a day to day basis as compared to a week to week and month to month basis. Say the athlete makes a commitment to be available at a particular place at a particular time.Say too that the athlete has to drive from point A to point B to be at the particular place at the particular time. Given that the athlete in question is diligent, say that he/she provides enough buffer time to be at the said place at the said time. And then a fender bender occurs.

Now, per the provisions of the WADA ruling, if the athlete is not at the required location in the required time slot, he/she stands in violation of the program. And if the athlete reschedules the Whereabouts Filing, that too is a red flag. Strike 1.

Now assume that our athlete is vacationing abroad, and traveling the local train system. And assume that his/her wallet/purse get stolen at a station that is some distance from his/her place of residence. And he/she does not speak the local language. Happens to the best of us, so why should athletes be exempt. But our athlete has diligently filled out the location and the time when he/she will be available for testing on the Whereabouts form. And his her cellphone is stolen/ he/she does not have a calling plan for the country in question/the battery on the phone is dead. Strike 2.

So finally, our athlete in question is flying from Mumbai to New York. And the flight is delayed at Mumbai because of "technical reasons". So our athlete updates the Whereabouts form following proper procedure. Excepts that he/she goofs up when calculating the correct time difference by not accounting for daylight savings. For the athlete, all is well with the world... Except it is not. And if there is a problem getting a gate at New York because the slot was taken by some other airline ( because of the delayed take off) which adds to the overall delay, what then? As it is our athlete is in hot water because of the mis calculation of time and is therefore not present at the location he/she is supposed to be at the appointed time. Strike 3 and that's a two year ban for our athlete.

Shit happens. All the time.

The whole IRTP is a code put together by bureaucrats. And one thing that is true of bureaucrats is that they lack imagination. As the provisions show. And the other thing about bureaucrats is that they are rigid.If someone can come up with a set of rules that demand an athlete present his/her itinerary for a full quarter in advance, what is to prevent the said entity from flagging the slightest deviation from the norm as a strike?

And then there is the ICC.
10.1 Disqualification of Individual Results in an ICC Event During Which an Anti-Doping Rule Violation occurs Subject to Article 10.1.1, where a Cricketer is found to have committed an anti-doping rule violation during or in connection with an International Match in an ICC Event where the Cricketer also participated in other International Matches (for example, the anti-doping rule violation was committed during or in connection with the final of an ICC Event and the Cricketer had participated in earlier rounds of the ICC Event), then in addition to the consequences set out at Article 9 (in relation to the Disqualification of results obtained in the particular International Match during or in connection with which the anti-doping rule violation was committed), the anti-doping rule violation will also lead to Disqualification of all of the individual results and performance statistics obtained by the Cricketer in the other International Matches that he/she participated in
during the ICC Event in question with all resulting consequences, including forfeiture of any individual medals, individual ranking points, individual prizes obtained in those International Matches and the non-inclusion of his/her performance statistics in those International Matches towards any official individual averages and/or records, except as provided in Article 10.1.1.
10.1.1 If the Cricketer establishes that he/she bears No Fault or Negligence for the
violation, the Cricketer’s individual results in the International Matches other than
the International Match during or in connection with which the anti-doping rule
violation occurred shall not be Disqualified unless the ICC establishes that the
Cricketer’s results in the other International Matches were likely to have been
affected by his/her anti-doping rule violation.
So if I understand this correctly, I can dope myself up, carry my team to the finals of an ICC tournament, and if I get caught, my records will be disqualified but my team will still legitimately contest the finals?

And then there is this
10.2 Imposition of a Period of Ineligibility for the Presence, Use or Attempted Use, or
Possession of Prohibited Substances and Prohibited Methods
The period of Ineligibility imposed for a violation of Article 2.1 (presence of Prohibited Substance or its Metabolites or Markers in a Sample), Article 2.2 (Use or Attempted Use of Prohibited Substance or Prohibited Method) or Article 2.6 (Possession of Prohibited Substances and Methods) that is the Cricketer or Cricketer Support Personnel’s first offence shall be two years, unless the conditions for eliminating or reducing the period of Ineligibility (as provided in Articles 10.4 and 10.5) or the conditions for increasing the period of Ineligibility (as provided in Article 10.6) are met.
and this
10.3.2 For a violation of Article 2.4 (Filing Failures and/or Missed Tests) that is the Cricketer’s first offence, the period of Ineligibility imposed shall be at a minimum one year and at a maximum two years, depending upon the Cricketer’s degree of fault.
So, if I understand this correctly,if I do drugs and get caught the first time, I stand to lose two years. But if I am lax in filling in my forms, but don't do any drugs, I still stand to lose an year?

And people have actually signed up to this nonsense? Oh and there is more - in the case of filing failures or missed tests, the burden of proof lies with the athlete while in the case of an actual dope test, the burden of proof lies with the ICC. how fair is that?

29 comments:

Sam said...

its crap. we know. its not practical. its disgusting. we dont need it. lets scrap it n move on,
who bothers if cricket is an olympic sport or not!!

Megha said...

Homer,

in all those scenarios you mention (poor athlete A btw...a LOT of things seem to happen to him!)...since all this stuff is easily provable, it means that these missed meetings will not be counted as strikes against him.

Homer said...

Megha,

Easily provable to whom? And where lies the burden of proof?

And is it not possible that these hypothetical situations become just a tad more convoluted - and what then?

I prefer the BCCI argument - if you wnat to test, the onus is on the home board to ensure that the player is available within 24 hours. WADA knows the time lag for the drug or its masking agent to wear off the system - they can always get the home board to produce the player within that
time frame with the onus completely on the home board with corresponding punishment for non compliance.

Cheers,

Jonathan said...

What I would llike ot know is why all the Olympic sports are happy with the system. Are we missing something, or is the whole world nuts?

David Barry said...

There is a choice - either you allow athletes to juice up out of competition, or you have whereabouts testing.

Most sports care enough about anti-doping to accept the whereabouts testing.

Homer said...

JOnathan,

FIFA and UEFA have just got on board with the new code. Give it time, let the European season begin in earnest.Thats when the rubber will meet the road.

Cheers,

Homer said...

David,

It is not a zero sum game. Why is the granularity 3 months and not on a per week basis? Is it because it is convenient for the WADA inspectors to prepare ahead of time? And if it is, then the notion that sportspersons can change their schedule at the last moment because of a real crisis is not going to happen.

And the penalties for non compliance far exceed the penalties for actually taking dope. So where is the justice in that?

Cheers,

Homer said...

http://www.guardian.co.uk/sport/2009/aug/04/fa-uk-sport-wada-digger

David Barry said...

Why is the granularity 3 months and not on a per week basis?
I don't know, but I would guess that it's because there's less paperwork - four forms per athlete per year (plus a few change-of-plan forms) rather than 52.

And the penalties for non compliance far exceed the penalties for actually taking dope.
What? A positive test gets you a two-year ban.

Homer said...

David,

The fact that they are introducing 4 forms when there were none doesnt strike you as odd. And if 4, why not 52.

Point is, the way the rules are written today, athletes will have a hard time explaining why logistics mitigated against them being where they said they would be at any point in time. And if even a single non compliance report gets leaked to the press, the very same athletes will have a hard time living down the suspicion of being drug cheats.

I like the BCCI plan for this reason. get both the controlling body and the player involved with adequate penalties for both in case of non compliance. That would be a more rigorous enforcement of anti-doping statutes than holding an athlete responsible for providing erroneous data.

Also, the minimum penalty for 3 missed meetings/non compliance is a minimum of a year's ban stretchable to 2.

Which is the same for doing drugs!

Cheers,

David Barry said...

The fact that they are introducing 4 forms when there were none doesnt strike you as odd.
It's not odd, because they're introducing whereabouts testing.

And if 4, why not 52.
To make the administrative overhead as cheap as possible, I guess.

Also, the minimum penalty for 3 missed meetings/non compliance is a minimum of a year's ban stretchable to 2.

Which is the same for doing drugs!

Two years doesn't "far exceed" two years, which is what you said in your earlier comment. And the penalty for a sufficient number of missed tests should be the same as for a positive test. Otherwise dopers would just evade the testers with impunity.

the BCCI plan
But the BCCI is opposed to whereabouts testing, isn't it? If you give the athlete advance warning, the athlete can prepare themselves in time for the test. I don't know what the latest techniques are, but a couple of years ago there was a soap that could be applied as you urinated which would react with certain substances to ensure that they wouldn't show up in the test. You can do that with a minute's notice, let alone 24 hours.

The thing is, we don't have to ponder abstractly how the system will work. The system is already in place - out of competition testing has been done for years in other sports, and Olympic athletes haven't revolted over it.

Naresh said...

I believe all the folks arguing for WADA out here have pretty ordrinary lives, logistically speaking, compared to SRT and MSD.

Now how many of them can seriously put paper to pen and say where they are gonna be every single day for the next 4 months? Let's just say that if some arbitrary official does not find them there they will lose their jobs.

To me, the truthful answer to that is obvious. Sure, they are not professional sportsman - but we are discussing practicality out here - and just because they are top sportsman, we do not have to treat them similar to criminals on payroll.

It is just too much stress to handle this kind of a thing. Just because everyone has "agreed" to it, does not make it right at all.

For once, I agree with Sam - IT'S SHIT.

And its good for bureaucrats like MS Gill to throw their weight around - that's all.

RGB said...

The Whereabouts clause is cumbersome but the scenarios depicted are extremely far fetched. Has any athlete been banned due to non compliance to the Whereabouts clause?

If other athletes can adhere to the the Whereabouts clause, so can the cricketers.

Megha said...

Homer

Easily provable to whom?

To WADA/the board/the official who came around to see the athlete but missed him/whoever it should be proven to! If the flight is late, it is easy to check that. If the player has been in an accident, it is easy to check that...

In your reply to David you say "athletes will have a hard time explaining why logistics mitigated against them being where they said they would be at any point in time." Why is that? AFAIK the players dont have to give exact plans for the whole day. It is just for an hour. They can say that they are going to be in their home town on that day and if someone wants to come for a test, they can be found at home between 10 am to 11 am.

Also, if the board is responsible for making the player available within 24 hours, then pray how does the board know where the player is at all times? Would they not need the players' schedules then? Yeah, they can call the palyer, but what happens if the player cannot make it to wherever he is supposed to for the testing within 24 hours? At least with the whereabouts declaration, WADA can plan ahead as to where to send their officials.

Homer said...

David,
Dopers may evade the test wth impunity sure, but a lot more innocents will be clubbed in the same category because they were lax in filling forms. And that is a problem. The punishment is not proportional to the crime.

Cheers,

Homer said...

Naresh,

It would be instructive for Mr Gill to lay out his life's plan for the next 3 months and see how accurately he does that :)

Cheers,

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Homer said...

RGB,

http://www.bloomberg.com/apps/news?pid=newsarchive&sid=abH5EHN0JWfE

Cheers,

Homer said...

Megha,

"AFAIK the players dont have to give exact plans for the whole day. It is just for an hour" - then why do they have to detail their whereabouts for every single hour for 3 months?

"Also, if the board is responsible for making the player available within 24 hours, then pray how does the board know where the player is at all times?" - the player can update the Board on a daily or weekly basis, depending on what suits them best. Beats having to chart out your life 3 months in advance.

"At least with the whereabouts declaration, WADA can plan ahead as to where to send their officials." - The onus is on WADA to do the testing, not on the athlete to get tested. They want to test at any given hour, it is incumbent on them to get thier people ready to test at that hour.

Cheers,

Homer said...

More of the same - here

Cheers,

Megha said...

"then why do they have to detail their whereabouts for every single hour for 3 months?"

They don't Homer. Point 11.1.4 in this document says it has to be for just that one hour.

"the player can update the Board on a daily or weekly basis, depending on what suits them best. Beats having to chart out your life 3 months in advance."
Sure, but the players can change this info on the WADA website too...so what is the difference. check this out Changes can be made anytime — and as Bindra was talking to The Express, it struck him that he was going to be in London on October 12. So he logged on, changed his location for that date, but left the address field blank. “I can update it later, closer to the date, when I know exactly where I’m staying and my schedule for the day,” he said.

"The onus is on WADA to do the testing, not on the athlete to get tested. They want to test at any given hour, it is incumbent on them to get thier people ready to test at that hour."
By the same token, the onus will be on the board to test the athletes, not the athletes themselves. So, again, what is the difference?

I saw that link earlier today btw. Prem Panicker is basically saying what you are. And I dont agree with him either :)

Homer said...

Megha,

For example, if an Athlete is constantly updating his/her Whereabouts Filings to change the time and/or location for his/her 60-minute time-slot at the last minute, the Responsible ADOshould consider whether this may reflect a concerted effort to undermine attempts to locate him/her for Testing. Such a pattern of last-minute updates should be investigated as a possible anti-doping rule violation under Code Article 2.5 (Tampering or Attempted Tampering) or 2.3 (evasion of Sample collection).

And since we cannot reach any common ground, lets agree to disagree..

Cheers :),

Megha said...

Sure..that works :)

RGB said...

Rasmussen's case is quite different. He was banned because he lied about his whereabouts.

Has any athlete been banned when the non compliance with the whereabouts schedule has arisen due to some logistics delay?

And if athletes do miss a test, they have the opportunity of providing a reason. If this excuse is accepted by the relevant anti-doping organization, then the missed test is not part of any record and does not count as one of three missed tests required within 18 months before any sanction is considered

Prabu said...

RBG,

The issue is that the way cricket journalism is today, even if the cricketer is exonerated eventually, the media would have passed their judgement. Most other sportsmen or like Abhinav Bindra called himself "athlete" don't have the same issues these cricketers have.

However, the argument should not be based on "he does it, why can't you too". If we take that route then the differences in the sport, lifestyle (how many days in a year does a Abhinav Bindra travel?), etc. need to be compared. The real issue is whether WADA is over extending itself by having these clauses and the answer is yes.

Forget about all the scenarios that Homer has listed, think about the "athlete" having diarrhea and every time he runs to the loo he needs to think about informing WADA of his whereabouts change. Whether WADA comes calling that day or not is not the issue, but the "athlete" will have to change often and then come under the ADO's scanner.

wouldn't it be just better to have a ADO in some of the major cities and basically give less than 24 hours notice to the "athlete" to present himself for testing? And if the said person misses more than 2 or 3 deadlines, then action can be taken. If the athlete is travelling, he simply presents himself to the closest agency. This way more than the people in the pool can be tested and the true motive of the testing can be better achieved...

RGB said...

Prabu,

"The issue is that the way cricket journalism is today, even if the cricketer is exonerated eventually, the media would have passed their judgement."

The fault is with the media and the code.

"However, the argument should not be based on "he does it, why can't you too". If we take that route then the differences in the sport, lifestyle (how many days in a year does a Abhinav Bindra travel?), etc. need to be compared."

Tennis players travel as much if not more. And they adhere to the code.


"The real issue is whether WADA is over extending itself by having these clauses and the answer is yes."

May be . But unless the courts rule that the code violates human rights, the code should be adhered to.

Forget about all the scenarios that Homer has listed, think about the "athlete" having diarrhea and every time he runs to the loo he needs to think about informing WADA of his whereabouts change. Whether WADA comes calling that day or not is not the issue, but the "athlete" will have to change often and then come under the ADO's scanner."

Exact whereabouts are not required and the athlete definitely does not need to update the wherebouts databse everytime he visits the loo.

The objective of WADA is to eradicate the use of drugs. Banning as many athletes as it possibly can using the fine print of the code is not its objective.
There is no need to be paranoid about the way WADA will conduct the off season testing.

"wouldn't it be just better to have a ADO in some of the major cities and basically give less than 24 hours notice to the "athlete" to present himself for testing?"

Drugs can be easily masked in 24 hours. And again the scenarios that Homer depicted in the post are applicable to this methodology as well.

Kumar Narasimha said...

One thing Homer seems to have missed is the security aspect.What with the terrorists showing that they won't hesitate to attack cricket teams, it becomes a huge security process violation for people like SRT, MSD, and even Yuvraj to furnish such minute details about their schedule and then stick to it.

More than any thing, this one reason is enough to reject WADA.We can always have a cricket-specific code.Let the players associations and the various boards deal with this.People like MS Gill should not have any locus standi on this issue.

cheers,
Kumar

Homer said...

RGB,

Rasmussen's case is a live example of the abuse of the whereabouts clause - the man paid a price well in excess of the crime he was charged with.

And that can happen again. So what are the safeguards to stop this from happening?

The current rules, in thier present state, dont mitigate that fear.

Cheers,

Homer said...

It is a valid point and I agree wholeheartedly Kumar.

Cheers,