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Brianna Rollins-McNeal provisionally suspended [gets 5 years]

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  • El Toro
    replied
    Originally posted by Peter Michaelson View Post
    OK, I read the lawyer's statement. Are they accusing her of lying about why she missed a test? And for that she gets 5 years? Just trying to understand what "tampering" means in this context.

    I'm not sure why anybody would be surprised about the fundamental concept of a harsh sentence for Interfering with a judicial or semi-judicial process. This always exacerbates whatever the original offence was and it's possible to get punished for the original offence and the interference.

    For example, if the WADA process fell under an English judicial process, the penalty for the equivalent offence of "perverting the course of justice" is life imprisonment. https://en.wikipedia.org/wiki/Perver...rse_of_justice

    Luckily for her, because WADA operates under international agreement, the offence and punishment are defined in the agreement and don't include jail time.

    The relevant section of the WADA code for the offence is:

    2.5

    Tampering or Attempted Tampering with any part of Doping Control Conduct which subverts the Doping Control process but which would not otherwise be included in the definition of Prohibited Methods. Tampering shall include, without limitation, intentionally interfering or attempting to interfere with a Doping Control official, providing fraudulent information to an Anti-Doping Organization or intimidating or attempting to intimidate a potential witness.
    The punishment is:

    10.3.1
    For violations of Article 2.3 or Article 2.5, the period of Ineligibility shall be four years unless, in the case of failing to submit to Sample collection, the Athlete can establish that the commission of the anti-doping rule violation was not intentional (as defined in Article 10.2.3), in which case the period of Ineligibility shall be two years.
    So, it's irrelevant whether or not whether there was an actual whereabouts failure or if she doped because the tampering is a separate offence punishable by up to 4 years by itself.

    Leave a comment:


  • 26mi235
    replied
    Originally posted by Dave View Post
    It seems strange that she will be allowed to compete at the OT. Assuming that she makes the finals, she will have caused two people not to advance in during the rounds. Those two will in effect be eliminated by someone who is ineligible to go to the Olympics.
    Who 'may be' not "is ineligible"

    Leave a comment:


  • Dave
    replied
    It seems strange that she will be allowed to compete at the OT. Assuming that she makes the finals, she will have caused two people not to advance in during the rounds. Those two will in effect be eliminated by someone who is ineligible to go to the Olympics.

    Leave a comment:


  • jjimbojames
    replied
    Same thing that got Hammer thrower Mark Dry banned: https://www.bbc.co.uk/sport/athletics/51649229. I’m sure he’ll be watching with interest!

    Leave a comment:


  • 18.99s
    replied
    Originally posted by Peter Michaelson View Post
    OK, I read the lawyer's statement. Are they accusing her of lying about why she missed a test? And for that she gets 5 years? Just trying to understand what "tampering" means in this context.
    That's what it seems like. Which is strange because the missed test wasn't her third in 12 months, so one would think her explanation or lack thereof would be immaterial (unless she subsequently missed a third test and was trying to avoid a suspension based on the explanation of the previous missed test).

    Leave a comment:


  • Peter Michaelson
    replied
    OK, I read the lawyer's statement. Are they accusing her of lying about why she missed a test? And for that she gets 5 years? Just trying to understand what "tampering" means in this context.

    Leave a comment:


  • ATK
    replied
    So if she makes the US team, then whats the most likely scenario?

    A - The case is decided before Tokyo
    B - The case is still pending and CAS does not let her run Tokyo
    C - The case is still pending and CAS but CAS still allows her to run

    My thought was that if CAS is allowing her to run at trials, that means they will have a decision before Tokyo. But thats pure speculation based on nothing.

    Leave a comment:


  • Conor Dary
    replied
    Howard Jacobs is a good lawyer...I wish her the best of luck....

    Leave a comment:


  • gh
    replied
    McNeal's lawyer's statement now posted on home page

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  • Conor Dary
    replied
    Originally posted by Grasshopper View Post

    So apparently it’s now okay to criticize and mock athletes’ expressions of religious faith on this message board?
    Not at all...but is quite an odd nondenial on her part I must say...the system may be terrible....but it is one everyone these days has to live by.
    Last edited by Conor Dary; 06-05-2021, 03:20 AM.

    Leave a comment:


  • rhizobium
    replied
    Originally posted by Conor Dary View Post
    This applies to anyone who gets banned for missing tests....unless of course they aren't brilliant...


    The American Arbitration Association, which ruled on that case, expressed sympathy for McNeal at the time, given the circumstances surrounding two of her three missed tests.

    “This is a difficult case because it involves the imposition of a serious penalty on a brilliant athlete who is not charged or suspected of using banned substances of any kind,” it said.


    Oh really?

    Leave a comment:


  • Grasshopper
    replied
    Originally posted by Conor Dary View Post
    Originally posted by Vault-emort View Post
    I see she's playing the God card, bless her.
    A lawyer works better....
    So apparently it’s now okay to criticize and mock athletes’ expressions of religious faith on this message board?

    Leave a comment:


  • Conor Dary
    replied
    Originally posted by Vault-emort View Post
    I see she's playing the God card, bless her.
    A lawyer works better....

    Leave a comment:


  • Conor Dary
    replied
    This applies to anyone who gets banned for missing tests....unless of course they aren't brilliant...


    The American Arbitration Association, which ruled on that case, expressed sympathy for McNeal at the time, given the circumstances surrounding two of her three missed tests.

    “This is a difficult case because it involves the imposition of a serious penalty on a brilliant athlete who is not charged or suspected of using banned substances of any kind,” it said.



    Leave a comment:


  • Conor Dary
    replied
    Made the Washington Post.

    Reigning gold medal hurdler could miss next two Olympics following five-year ban


    Olympic gold medal-winning hurdler Brianna McNeal received a five-year ban from track and field’s doping agency Friday, barring her from this year’s Tokyo Games and the 2024 Paris Games.


    The 29-year-old hurdler has appealed the decision to the Court of Arbitration for Sport (CAS), which presides over legal disputes in athletics. Her appeal will be heard before the Tokyo Olympics, which are scheduled to begin July 23. CAS has stayed the suspension while McNeal’s appeal is underway, enabling her to compete in the U.S. Olympic track and field trialslater this month.


    https://www.washingtonpost.com/sport...dles-olympics/
    Last edited by Conor Dary; 06-05-2021, 12:13 AM.

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