Saturday Ramblings

by Rant on January 5, 2008 · 5 comments

in Doping in Sports, Floyd Landis, Justin Gatlin

Book `Em Dano

Been a while since I’ve gone so long without writing a Rant. There’s a good reason I’ve been writing a bit less on the blog. No lack of stories to comment on, however. There always seems to be something going on in the world of sports doping, doesn’t there. It would be a good year if there are fewer of these stories going `round, but I have an awful hunch that such will not be the case.

While I’ve been spending less time here at the blog, I’ve still been tapping away on the keyboard something fierce. In the past 6 weeks I’ve cranked out an amazing amount of work on my other project, which is a book on the history of doping in sports. The working title (subject to change) is Dope: A history of performance enhancement in sports from the 1800s to today. It will be published sometime in the late spring or early summer. I don’t have a firm date, yet, but when I do I’ll let you know. It’s being published by a press in Connecticut called Praeger, which is an imprint of Greenwood Press. It will be under my actual name, not “Rant,” by the way. Although I did briefly entertain the idea (very briefly, like a fleeting thought), it’s not an opinion piece. Instead, it will present various episodes and the overall history of doping in a “just the facts ma’am” kind of way.

So that’s the mysterious side project I’ve mentioned from time to time. I’m finishing up the last chapter this weekend (revisions, mostly) and finalizing a timeline (had to update the entry for Justin Gatlin given Monday’s developments), but otherwise, it’s done. Once I send those two items off to my editor, it gets pretty mechanical from here. No more new stuff, except for an afterword that will be written shortly before the book goes to press.

And, thanks to all who made suggestions in November, when I asked what stories stuck in people’s minds. Several of them were ones I hadn’t planned on. Other suggestions that folks made were covered in different parts of the book. Unfortunately, I couldn’t cover everything. There are several stories that I couldn’t put in due to space limitations — and still I went over the maximum word count in my contract. Well, there’s always the copy editing process. Perhaps that will tighten it up a bit. All the suggestions were greatly appreciated.

This is “leniency”?

Anyway, on to today’s main topic, which (as it happens) is Justin Gatlin. Gatlin, one of the top 100-meter sprinters in the world — and someone who has been very vocally anti-doping in the past — tested positive for testosterone at the Kansas relays in April 2006, for those who don’t know or need a refresher. He claims that the positive result was due to sabotage, perhaps through a tainted massage cream that a disgruntled massage therapist may have used.

Apparently, the arbitrators weren’t convinced that Gatlin’s explanation was the reason he tested positive, and by a 2-1 vote, they found him guilty of doping. Gatlin’s case is further complicated by a positive test for amphetamines that he had while in college, due to the use of a prescription medication for attention deficit disorder (ADD), which he’s had since he was nine years old. Ultimately, Gatlin was reinstated by the IAAF. But that leaves a mark against him on his record, which makes deciding a sanction for Gatlin’s 2006 positive tricky.

As many news reports have noted, Gatlin is (or was) coached by Trevor Graham, one of the people at the heart of the Balco scandal. Gatlin has assisted the Balco investigation by wearing a “wire” to record his conversations with Graham, and apparently those conversations will be used as evidence against the coach in an upcoming trial. So Gatlin ought to get some positive consideration for helping out.

Gatlin has done as much as he can to play nice with authorities. He’s helped the Balco investigation, and he’s been a vocal opponent of doping (which makes this case all the more ironic). And, he’s kept a low profile while the case has been going on — which is as long as the Landis case, give or take a day or two. News about Gatlin’s positive test didn’t come out until July 29, 2006 — just two days after the Landis story blew wide open.

And like Landis, he had to wait a long time for his arbitration hearing. Longer, even, than Floyd. Gatlin’s hearing occurred in July. Almost one year after news about his test results first broke. And like Floyd, he had to wait a long time for the arbitrator’s judgment. Longer than Landis. According to news reports, the judgment came out on New Year’s Eve. This is not exactly speedy justice, regardless of whether he’s guilty or innocent.

In what appears to be some very contorted logic, the majority found that because of Gatlin’s first positive (remember, because it was due to a prescription medication he was reinstated), they had to give him a longer suspension. Now, this incident occurred before the World Anti-Doping Code came into effect in 2003. Since when do we apply laws — even the laws of sport — retroactively? Especially when under the current rules, his first result might never have resulted in a sanction or an official positive result.

Chris Campbell, in his dissent, is said to have suggested that Gatlin may be the subject of discrimination in this case under the Americans with Disabilities Act. If you consider ADD to be a type of disability, I can see where Campbell is coming from. It’s certainly not right to punish Gatlin based on that first “offense” when it clearly came from his use of a medication to treat ADD. A two year ban seems more appropriate, as from a fairness perspective this should really be considered Gatlin’s first doping offense. And considering that he’s done everything he can to assist with the Balco investigation (which USADA has been involved with at times), they ought to cut Gatlin a break.

USADA’s lawyers tried to argue that the sprinter should be given the full eight year ban required by a second offense because none of his work had resulted in a new anti-doping case. Technically, this may be true. But as even the majority noted, that is in part because USADA didn’t ask for his help. He certainly seemed to be willing to help federal prosecutors. Perhaps if Bill Bock or Travis Tygart had asked, he would have helped USADA, too.

So, in their “leniency,” the majority imposed a four-year ban on Gatlin, which will run out in 2010. Somehow, it doesn’t seem like much leniency to add to his punishment based on a result that predates the law under which the case was decided.

One lesson that other athletes may take from this case is, why bother helping at all? It doesn’t seem to be of much consideration when a case is brought against the same athlete in the future, judging by Gatlin’s situation. Word is that he’s appealing to the CAS, and possibly going to go into the US courts, too.

Whether the CAS will decide his case in time for Gatlin to compete in the Olympic trials is questionable. It seems that regardless of whether you play nice with the authorities, as Gatlin did, or whether you challenge them openly, as Landis did, either way the system will beat you down. As Shaun Assael at ESPN.com’s article says, Gatlin’s cooperation nets him next to nothing (give it a read if you haven’t seen it, it’s worth it).

It doesn’t seem to matter much which approach an accused athlete takes. The message that USADA and their lawyers deliver is that if you dare to challenge us at all, rather than do what we say, we’re going to hammer you and hammer you hard. This is not about searching for truth. It’s about wins and losses.

trust but verify January 5, 2008 at 5:49 pm

Does it even matter if you challenge them? Doing what they say is taking a hammer too. That is, the choices are: (a) silently take the hammering at the time of accusation; (b) insist on a B sample test, then take the hammering; (c) quietly go to hearing and get hammered; or (d) noisily go to hearing and get hammered.

That is quite a range of choices!

TBV

Rant January 5, 2008 at 7:27 pm

Sure is TBV. You can get hammered now, or you can get hammered later. But no matter what choice you make, you’re going to get hammered. Too bad it isn’t a drinking contest. At least then the “victim” might actually enjoy the experience. Maybe.

Morgan Hunter January 6, 2008 at 4:42 am

The USADA, WADA, the IOC and the UCI are — NOT DEMOCRATIC INSTITUTIONS.

Perhaps it is time that we really consider WHAT THEY ARE?

I am an American, I take for granted that “democracy” is the rule of law that I am comfortable with and accept to govern my behavior, sometimes I may forget and “think that this is so for everybody.” Sadly I find that this is not so.

I am a human being first and foremost and believe that FAIRNESS in dealing with other individuals is the only ethical way to exist in ANY SOCIETY and only through “equal justice” — FAIRNESS — can any individual, society, organization or government – hope to function and be ACCEPTED by all.

So to me DEMOCRACY equals FAIRNESS in my actions, words or deeds. Does “my belief in Democracy” make me any less French, Italian, Belgian, Russian, Polish, Czechoslovakian, Iranian, Nepalese; Afghani; Pakistani, Chinese or Japanese?

I do not happen to think so. FAIRNESS in dealings with all individuals has no NATIONALITY or POLITICAL boarders.

Democracy is where the voice of the individual is guaranteed to be given the chance to be heard and not stifled by mere “populist” created media pressures.

Democracy is based in the belief that the INDIVIDUAL be protected against the dominance of the strong.

Democracy is when GOVERNING BODIES — MUST follow the same rules that are in existence to “govern” the populace.

Democracy is where there is a RESPECT for the individual’s right to get a fair hearing according to and including an EXPECTATION that fair laws and rules are being applied.

Democracy guarantees that he/she is not barred from receiving “equal justice” in the courts of law, UNDER ALL CONDITIONS.

Democracy is where the rule of TRANSPARENCY in government is a given, not merely a right of expectation.

Democracy is NOT — to quote a Middle Eastern ruler “a thing that may mean different things to different people in different lands!”

Democracy equals FAIRNESS — It is worth fighting for. Or have WE ALL LOST the sense of perspective?

There is another RULE that has existed as long as the concept of fairness — it is the rule of MIGHT MAKES RIGHT. I do not adhere to this belief, do you? For the cynics out there another is the GOLDEN RULE — “those who have the gold, rule.” I do not adhere to this belief either! Do you?

Many would like to portray the situation in cycling and sports in general as “Come on, man — it’s ONLY sports!” — BUT IS this ONLY about “just sports?” My thinking does not let me to come only to this conclusion.

I would like to point out that we are NOT merely discussing “just spots” — we are ALL trying to come to terms with how people follow or ignore or redefine the CONCEPTS of “fair-play and equal-justice” — right in front of our eyes. THAT IS WHAT WE ARE ALL REACTING TO FOLKS. — None of us should lose sight of this! We have the situation today that is in sport because we were all “taking a nap” and letting somebody else take on the responsibility of defining how cycling and sports are to be ruled.

So all of you out there who think this is merely about “taking sides” for Landis, Gatlin, MLB or who ever is in the headlines tomorrow — you are not seeing the whole picture.

The question is — HOW DO YOU ALL WANT TO BE GOVERNED? Do you want a democratic and fair system, something that many seem to be taking for granted that we are having. OR do you follow the idea that those who have the gold have the most say so? Take some moments folks — and really think about it. Otherwise — we will get what we may not want or desire. It really is up to us. We do have the power to make it better.

The USADA, WADA, the IOC and the UCI are NOT divine or know better — they are all “peopled” by individuals who have forgotten, it seems to me — that FAIRNESS is the only glue that holds any society together.

Larry January 6, 2008 at 7:10 am

Rant, I’m sure I speak for all of us when I say: good luck with the book project!

Many of us complained about the absence of science journalists at the FL hearing. Maybe what we needed was a journalist who truly understood doping and sport. Now I think we have one such journalist.

Rant January 6, 2008 at 11:01 am

Larry,
Thanks. Most appreciated (on both counts).

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