Grab Bag

Innocent Until Proven Guilty?

Last week, I wrote a piece comparing the ITF's public disclosure rules respecting anti-doping violations with the disclosure permitted by the WADA Code. The post made two main points (1) the WADA Code permits far more public disclosure than the ITF Rules permit; and (2) other sports, like cycling and track, disclose anti-doping information to the full extent permitted by the WADA Code (e.g., public announcements of positive tests and provisional suspensions).

I asked the ITF why their disclosure differed from that allowed WADA Code. And they responded. Here is the answer:

SNR: Can you please explain why the ITF does not make use of the public
disclosure permitted by the WADA Code regarding violations and decisions?

ITF Response: "The Tennis Anti-Doping Programme is managed by the ITF for the ATP, WTA, Grand Slams and ITF. The partnership is able, under the WADA Code, to determine how it will handle public announcements in its sport and the TADP has decided that it will not make public any information regarding an on-going investigation until and unless an Independent Tribunal determines that a rule violation has occurred. The only exception is to confirm that an athlete is under investigation if that athlete voluntarily releases this information to the media as in the case of Richard Gasquet. This decision by the TADP was made in order to protect the privacy of our athletes until they are proven to have committed a rule violation, similar to the "innocent until proven guilty" principle of law."

A few quick observations:

1. Keeping everything confidential until and unless someone is found guilty of a violation is nothing like the "innocent until proven guilty" principle of law. When someone is charged with a crime the information is made public. Most trials are public. Verdicts (whether guilty or innocent) are made public. However, the ITF only publicly discloses guilty verdicts. Guilty or not, the fact remains that a player tested positive. Yet the public never learns of players that tested positive, but were not found guilty. How can the public (and players who don't cheat) have confidence in a system that doesn't diclose the reasons for exonerating players that test positive?

2. The ITF states that their rules are designed "to protect the privacy of our athletes." As I pointed out last week, other sports (as a rule) disclose information that the ITF (as a rule) refuses to make public. Does this mean that the ITF believes that cycling's recent announcement that it has provisionally suspended Seven South American cyclists after failing doping tests shows a lack of respect for privacy and violates the "innocent until proven guilty" principle? Further, does this mean that the ITF is of the view that the WADA Code, which allows such disclosure, permits sports governing bodies to abuse the privacy of their athletes?

3. The response states that "The only exception is to confirm that an athlete is under investigation if that athlete voluntarily releases this information to the media." So, tennis players can disclose that they have tested positive and have been provisionally suspended (and/or being investigated) can they? Clearly, with the exception of Gasquet, they are not doing so (e.g., Robert Kendrick never said anything when he withdrew from Wimbledon in 2011). Given how few players are found to have committed violations, is it any wonder that they don't speak when under investigation? Have any lied to cover-up a provisional suspension?

Lazarus Man

Rafael Nadal (thanks, richard): "But for the last three weeks I am practising in perfect conditions, so that's fantastic news and then practising here very hard, three hours every day, with no problems on the shoulder and that's what I need and I'm very happy for that."

Laughter Is The Best...Exercise?

"...[Serena] Williams was asked about the regimen behind her taut abdominals, which she says have little to do with exercise and more to do with enjoying herself.

"I laugh a lot, so I think that has a lot to do with developing those muscles. I don't really do sit-ups too much," she said." (thanks, richard)

Operating...

"Operación Puerto reportedly involved approximately 200 sportspeople, but the only ones who were identified were cyclists, who comprised a quarter of this total. There were persistent rumours that Spanish footballers, athletes, tennis players and others were involved, but the national federations of those sports did not dig deeper and the issue faded away for them."