casual obsever wrote:
Well ok, they widened the umbrella to include attempted doping and tampering and avoiding testing as doping infractions.
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None of that applies to Houlihan
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Yes, exactly, "to be applied solely for purposes of Article 10.2", while Houlihan was banned for 2.1 and 2.2.
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Also, "which they knew constituted an anti-doping rule violation" sounds like the normal intentional.
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And yes, intentional was "presumed", neither just "assumed" nor 100% "proven" in Houlihan's or Kiprop's case because that was not required.
WADA also largely removed any reference or requirement of performance enhancement. WADA's umbrella definition of doping becomes anomalous, generally, out here in the real world, when bans not involving banned substances, e.g. violations like tampering, test refusal, and whereabouts violations, are presented as "evidence"/"proof" of doping with a banned substance, especially when trying to "prove by example" of a sanction that doping caused a faster performance. It's one thing to say Coleman/Kipsang/Manangoi committed a rule violation that WADA defines as doping, but another to say that doping by failing to fill out a website made them faster.
In the case of Houlihan, I have often acknowledged the rule violations. The only issue here, but not really my issue, seems to be that my acknowledging these violations falls short of Armstrongliv's expectations, who apparently seeks my approval for his rephrasing clearly stated findings in his own words, and my conformity for his approval. His reflexive response to my acknowledgement of the rule violations is to call me a doping denier.
If we are just discussing the appropriate length of the sanction, then WADA's meaning of "intent" is applicable. But that is usually not the case.
The issue with "intent", as meant by WADA in Article 10.2, is precisely that is presumed rather than established or shown. The referenced "conduct" is presumed but never instantiated. That the athlete "knew" the conduct was an ADRV or a significant risk of an ADRV, is presumed. That the athlete disregarded a significant risk is presumed. It sounds like the real definition, but fails to meet any element of the real world definition, as any evidence of the presumed "knowing intentional conduct" is completely lacking.
Imagine if we could simply "prove" reality by mutual contract, by clicking on "I agree" in a pop-up, rather than performing experiments and taking controlled measurements and making tangible observations, when no one has argued the contrary on the balance of probability.