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CAS upholds IAAF testo rule [Swiss court says no re Semenya] [then yes, then no]

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  • CAS upholds IAAF testo rule [Swiss court says no re Semenya] [then yes, then no]

    CAS decision was due March 26; now not until "end of April" (both sides agreed to postponement)

    story posted to home page


    (edited to update subject line)
    Last edited by gh; 07-30-2019, 10:56 PM.

  • #2
    Disappointing but not unexpected with such a contentious case.

    I wonder if Semenya will run another 5k or if that was a one-off.

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    • #3
      Originally posted by gh View Post
      CAS decision was due March 26; now not until "end of April" (both sides agreed to postponement)

      story posted to home page
      That story mentions a possible problem for Semenya and others:
      The delay announced Thursday by the Court of Arbitration for Sport to allow more legal debate creates confusion for Semenya and other runners affected by the proposed rules who are preparing for the world championships in September.

      The court had last month set a target of next Tuesday for a verdict — six months and one day before Semenya is due to begin defending her 800-meter title at the worlds in Doha, Qatar.

      The IAAF’s intended rules require female runners to medically control their natural testosterone for at least six months before running in top-tier middle-distance races.

      The new target for a verdict is just five months before the track worlds open.
      Apparently, the IAAF has recognized this problem and will waive the 6-month requirement if the athlete is under the testo limit one week after the CAS decision upholding the regulation (assuming that it is upheld).

      https://www.sportsintegrityinitiativ...wins-cas-case/
      Last edited by tandfman; 03-23-2019, 12:59 PM.

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      • #4
        NPR carried a story on Morning Edition today:

        https://www.npr.org/2019/04/24/71664...sterone-levels

        Zero mention of the possibility that she may be XY etc. Likened the situation to Micheal Phelps and his long arms.
        Last edited by DrJay; 04-24-2019, 02:17 PM.

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        • #5
          Breaking news-

          https://www.bbc.co.uk/sport/athletics/48102479

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          • #6
            PDF media release of the CAS decision: https://www.tas-cas.org/fileadmin/us...F_decision.pdf

            The DSD covered by the Regulations are limited to athletes with “46 XY DSD” – i.e. conditions where the affected individual has XY chromosomes. Accordingly, individuals with XX chromosomes are not subject to any restrictions or eligibility conditions under the DSD Regulations.

            Athletes with 46 XY DSD have testosterone levels well into the male range (7.7 to 29.4 nmol/L; normal female range being below 2 nmol/L). The DSD Regulations require athletes with 46 XY DSD with a natural testosterone level over 5 nmol/L, and who experience a “material androgenizing effect” from that enhanced testosterone level, to reduce their natural testosterone level to below 5 nmol/L, and to maintain that reduced level for a continuous period of at least six months in order to be eligible to compete in a Restricted Event. Such reduction can be achieved, according to the IAAF evidence, by the use of normal oral contraceptives.
            ...
            ...
            The Panel found that the DSD Regulations are discriminatory but the majority of the Panel found that, on the basis of the evidence submitted by the parties, such discrimination is a necessary, reasonable and proportionate means of achieving the IAAF’s aim of preserving the integrity of female athletics in the Restricted Events.

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            • #7
              Thank you CAS! (for now)

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              • #8
                So this basically confirms Semenya is an XY
                Było smaszno, a jaszmije smukwijne...

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                • #9
                  The full 165-page CAS decision hasn't been published yet, but they released this 2-page PDF:
                  https://www.tas-cas.org/fileadmin/us...F_decision.pdf

                  Comment


                  • #10
                    For those who haven't gone to the front page to read the article, the news is that CAS dismisses Semenya's appeal over IAAF testosterone rules.

                    I haven't been following the Semenya story close enough, but out of curiosity, does this mean that if she chooses to, she can compete in the 400-Mile with men?
                    Last edited by ATK; 05-01-2019, 12:24 PM.

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                    • #11
                      Two key points from the decision:

                      The DSD covered by the Regulations are limited to athletes with “46 XY DSD” – i.e. conditions where the affected individual has XY chromosomes. Accordingly, individuals with XX chromosomes are not subject to any restrictions or eligibility conditions under the DSD Regulations.
                      The Panel found that the DSD Regulations are discriminatory but the majority of the Panel found that, on the basis of the evidence submitted by the parties, such discrimination is a necessary, reasonable and proportionate means of achieving the IAAF’s aim of preserving the integrity of female athletics in the Restricted Events.

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                      • #12
                        So, like I said on the other board, we now have an official confirmation Semenya is XY. And I still believe it's nonsense to limit the application of the rules to just a couple of events. Do we really have to go through the whole process again when an athlete of this kind emerges in, say, the SP?
                        Było smaszno, a jaszmije smukwijne...

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                        • #13
                          Originally posted by Powell View Post
                          So this basically confirms Semenya is an XY
                          That is my read. I posted similar quotes to what 18.99s has here on the IAAF Decision thread in Current Events.

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                          • #14
                            As a legal strategy, the narrow approach is smart. It will have to be gradually amended as the problem arises.

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                            • #15
                              Let's hope Semenya turns to the 200 or 5k, and runs 21.5 or 14:1, and the IAAF then have to start this again.

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