casual obsever wrote:
Arbitrators have to follow the applicable Code, whether it's WADA's or SafeSport's. Looks like large parts of Letsrun now deem both Codes unfair just because they led to the banning of Houlihan for doping with nandro and Salazar for sexual misconduct (who is already banned for three different doping infractions).
“large parts of Letsrun”?
I can only speak for myself, and rarely feel like I speak for large parts of letsrun, but your attempt to reduce the reasons with your “just because …” logic falls far short, leaving out many facts you should already well know.
The WADA Code is unfair because of what it might have done to Simon Getzmann, who was only able to prove his innocence by the luck of having one remaining tablet to test, and what it still did to him, as, despite his proven innocence, he suffered a 1 year suspension with any associated loss of income, while spending 10,000 Euros of his dad’s personal savings for legal and scientific expenses. It is unfair because of what it might have done for 27 athletes USADA decided were not at fault, but WADA still considers guilty, or up to 49 Kenyans, or maybe more, who did not have 10,000 Euros to spend to do what is necessary legally and scientifically to defend the charges. It is unfair because it expands the definition of terms to include a broader set of conduct not normally considered as doping, making it easier for ADAs and ADOs to prosecute the guilty and the innocent alike, and making it easier for zero-tolerance posters like you to say that Salazar’s infractions were “doping”, despite no athletes receiving any banned substance, and only one assistant coach, also considered an athlete, receiving a banned method.
Similarly the Safe Sport code appears to have expanded the definition of sexual misconduct to include non-sexual acts, and is not bound by a statute of limitations. Compare that to the WADA code, with a statute of limitation of 8 years extended to 10. While some were rightly concerned that Mary Cain could have committed suicide under Salazar’s hostile environment, the Olympic skater turned coach John Coughlin family actually committed suicide because of SafeSport, apparently for dating skaters his age he was still on friendly terms with, while he was a skater, long before becoming a coach, and long before SafeSport existed.
The unfairness of the WADA Code is not because of one ruling which many seemed to relish, but because it does not aspire to be fair to charged athletes, and it lumps athletes like Houlihan, who the CAS still says is possibly innocent, together with Lance Armstrong, who confessed to a sophisticated long term doping program he orchestrated for his team.
Similarly the unfairness of SafeSport is that it brands Salazar and John Coughlin with the same scarlet letter as the multiply convicted gymnast coach Larry Nassar . In the case of Salazar, that information that has become public looks more rightly called emotional misconduct or bullying, except for the attempted kissing incident in 2011, which hardly seems to merit a lifetime ban. But maybe there is more that remains to be seen, or will remain unseen.