You’ve Come A Long Way, Maybe

by Rant on November 11, 2009 · 8 comments

in Doping in Sports

To hear US Anti-Doping Agency head Travis Tygart tell it, the biggest threat to clean athletic competition are the doctors and laboratories who help individual athletes cheat. Institutionalized doping, in Tygart’s eyes, is a thing of the past. Perhaps he’s right, but the cynic in me has to wonder if he’s not living an illusion. It seems to me that the all-too-human desire to win at all costs is the biggest threat. Doctors and laboratories who provide help with performance-enhancing drugs/techniques are just some of the tools that the people who are bent on — or succumb to — taking a shortcut to glory will use.

Doping in sports has existed at least as long as modern sporting competition has taken place. For at least the past 125 years (more, if you count the efforts in horseracing during the early part of the nineteenth century), people have used performance-enhancing substances to better their results. Some legal, some not. Institutionalized cheating — whether through doping or not — likely still exists. The controversy surrounding certain Chinese gymnasts at the Beijing Olympics suggests at least the possibility that sporting officials or others might use some form of subterfuge in their quest for personal or national glory. Falsifying documents so that someone appears to be eligible when she isn’t is just as much cheating as snarfing down the latest version of snake-oil which promises instant athletic supremacy. The only difference is that lying about one’s age generally doesn’t have fatal side effects.

While Tygart may be right about institutional doping being a lesser problem in the United States and various other countries, I rather doubt that it’s true across the board. Does institutional cheating, in the form of doping, still exist in various countries, sports or within various teams — professional or amateur? No doubt it does. While Balco, Festina, Oil for Drugs and Operacion Puerto may have blown the lid off of various forms of organized doping, it’s not at all clear that such things are purely in the past. All it takes is for an enterprising person or organization to come up with a technique that circumvents the current detection programs and methods, and those bent on doping can continue their cheating ways.

What are the chances that something like that is going on right now, in some sport, somewhere? Pretty good, actually. The thing is, we won’t know about such an enterprise until one of several things happens. A new detection technique might come into being exposing the cheating. Such was the case when anti-doping agencies started using a new test for the a third generation form of EPO known as CERA. Or someone involved in the program might suddenly have an attack of conscience. (Not bloody likely, I know, but stranger things have happened, like Trevor Graham anonymously mailing in the tainted syringe that allowed the UCLA anti-doping lab to develop a test for “The Clear.”) Or a government investigation could turn up evidence of wrong-doing (Balco, Operacion Puerto, the mailorder pharmacies, and the beat goes on).

Victor Conte and Balco proved that it’s possible to find ways to beat the system — even if only temporarily. But, other than the athletes and their enablers, no one knew for sure what Conte and Balco were really up to. Perhaps Travis Tygart is right. Perhaps institutionalized doping is no longer occurring. Wouldn’t it be nice if that were so? From my perspective, though, it’s way too soon to be declaring victory. And the struggle to keep sporting competition dope free will continue, with successes and occasional setbacks, for a long time to come.

To give the devils their due, both the World Anti-Doping Agency and their US affiliate have come a long way in the last decade. But they have a long, long way to go in terms of the science and in terms of the process. Tygart told the Associated Press that “all athletes are entitled the presumption of innocence, absolutely.” That’s only true in a limited sense. Athletes may be considered innocent until proven guilty, but for those who are part of targeted testing programs, that’s a debatable point. Some — many — may welcome the chance to prove themselves clean. But woe unto him or her who is the victim of a false positive. And, the more times a person is tested, the more likely it is that a false positive will occur.

Once a person is accused, he or she travels through the looking glass. The athlete is then presumed guilty until he or she proves innocence. Procedurally speaking, the accused is not even entitled to any evidence that might help disprove the allegations — unless that evidence is contained within the confines of the laboratory documentation package that accompanies the adverse finding against the athlete. But it’s up to each lab to determine what information they will put in those packages.

The accused can’t argue whether the science behind a test is correct or not. It’s “deemed” to be correct. Also, from a scientific perspective, there is still no actual standard that all labs must follow when testing and determining whether or not an athlete might have used a performance-enhancing drugs, despite talk of “harmonisation” of standards around the world. There’s a certain irony to the fact that a system built to ensure fair play on the playing field doesn’t play fair in the enforcement of its own rules.

So, while both USADA and WADA have made strides in the effort to ensure clean competition during their short existences, there is still a long, long way to go. But let’s not fool ourselves. There will never be a time when sports are fully rid of those who would cheat to win. Someday, maybe, all forms of cheating to win will be an uncommon occurrence. But we’re not there, yet.

R Wharton November 12, 2009 at 5:07 am

So I guess my Sodium BiCarbonate will soon be rendered a banned substance.

Rant November 12, 2009 at 7:00 am

And so will my PowerBars, coffee and, for that matter, water. 😉

ludwig November 12, 2009 at 9:25 am

I think what Tygart is getting at is that anti-doping efforts cannot target human nature, but they can target real-life doping networks and doping docs.

So what is needed (besides full-proof testing) are laws on the books, and the will to enforce these laws. Make the practice criminal, and then maybe a step has been taken towards making it taboo. But it’s legitimate to question whether such laws are just, and it’s unlikely they could be achieved without international standardization and harmonizing the relevant jurisdictions. Otherwise there is too much pressure on law enforcement and lawmakers to look the other way out of deference to their own athletes and athletic teams. The Puerto fall-out is a good illustration of this, methinks.

Jeff November 12, 2009 at 3:52 pm

My take on Travis Tygart won’t be particularly complimentary. From what I’ve been exposed to, it seems Travesty Tygart climbed the ladder of his profession primarily on the backs of a) innocent athletes who did not have the funds to fight a USADA sanction {thug}, b) an innocent athlete who spent a small fortune in fighting a USADA sanction that amounted to a rubber stamp based upon shoddy lab work and a variety of other indiscretions by key leadership in the alphabet soup {gutless wonder}, c) technically guilty athletes who were penalized too heavily for their indiscretion(s){garden variety bully}, and d) a few guilty athletes who got what they deserved.

When it was time to go head to head with Floyd, Travesty Tygart cowered in some corner. Travesty talked a big game, but decided USADA should pay both him, as in house counsel, and Richard Young, an expensive hired gun with a favored inside track wrt both the USADA and CAS appeal process, to take the lead in persecuting, oops, I meant “prosecuting” Floyd Landis.

For those of you who paid for a USA Cycling license, a portion of your license fee and your tax dollars went toward paying Richard Young’s fees and Travesty’s salary, concurrently. Tygart has since climbed the USADA ladder a bit higher. Travesty still talks a big game, but I’m sure anything he says publicly is primarily meant to further his career ambitions. I take what Travesty Tygart has to say with a grain of salt.

I’ll add, more laws seldom fix much of anything. We already have an overabundance of laws. In the larger picture, it’s probably an overinflated sense of the importance of bicycle racing that results in the suggestion we should devote valuable legal resources towards policing, with actual police, the spinning of pedals.

eightzero November 12, 2009 at 7:52 pm
Rant November 12, 2009 at 10:29 pm

eightzero,

That’s an interesting article, to be sure. I’d highly recommend that everyone take a few moments to read it.

ludwig,

Haven’t heard from you in a while. I’ll agree that human nature, being what it is, would be difficult or impossible to change. There will always be a few people who will find ways to bend or break the rules. Targeting the various networks that assist those who would dope is certainly a good tactic. Cut off the supply and you make it harder for those who wish to cheat. Criminalizing doping is an interesting prospect, and it presents a whole lot of challenges. I agree that we need fool-proof testing, regardless of whether doping is criminalized or whether the current or a modified version of the current system exists.

I think there’s something to what Jeff suggests about politics being involved, too. Given how much money the two biggest USADA stakeholders (the federal government and the USOC) have forked over the last nine years or so, I’d imagine that they might want to see some results. Claiming to have broken, or minimized, institutional doping would be one way that Tygart could claim success, and in doing so, ensure the flow of funds into USADA for the future.

One aspect of bureaucracies is that they tend to perpetuate themselves. Some of Tygart’s comments make me wonder if that’s not part of what he’s doing.

I’m not sure that the Puerto fallout is a good illustration of lawmakers and law enforcement looking the other way. In a lot of ways, it seems as though they’ve tried to do something and failed. I’d say it’s a good illustration of a system that didn’t think the problem through from the start. When legal push came to shove, the authorities discovered that they couldn’t apply current laws retroactively to a time when those laws did not yet exist. It’s all bollixed up, unfortunately, and I doubt that we’ll ever really get to the bottom of the whole, sordid affair.

Jean C November 13, 2009 at 7:38 am

About Puerto, Spanish Justice could have done more, at least with blood conservation and transportation which need special agreement and have to follow strict regulations. Of course, Fuentes had no one of those.
Worst, they had proofs that “Fuentes”‘s bloods were used in France were it’s illegal, they could have sent them those informations about illegal activities on french soil.

ludwig November 13, 2009 at 9:20 am

Re Puerto, it seems that the authorities were not aware just how big a fish they had caught. While we know that Fuentes serviced tennis and soccer stars, none of these names leaked out. Notice also how Lissavetsky was quick to shield Valverde and Contador…probably realizing that Puerto had the potential to bury cycling in Spain for decades and take out an entire generation of professional cyclists. The fall-out was a blow to the Vuelta…and this seems to be one of many reasons the case has been buried.

To take another example, some have speculated that the reason the anti-doping law in Germany is stalled is because some politicians don’t want to do any more damage to German sport….ie such measures are seen as counter-productive from an economic standpoint and harmful to local athletes. But if all nations adopted the same code of law, it would be easier on nationalists to go along.

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