L`Affaire Jessica Hardy - Doping Violations and the Olympics: Ensuring Qualification and Competition by Clean Athletes: A Commentary§

ABSTRACT

Athletic competition should be to perform one's best regardless of result. In an age of result-based endorsements and appearance fees, it is not surprising that doping remains a persistent problem in amateur athletics. The World Anti-Doping Agency (WADA) with World Anti-Doping Code (WADC) has been a positive force in “cleaning up” athletics. Yet, doping violations and National Olympic Committee (NOC) actions persist which betray innocent athletes. This case report addresses a complex pre-Olympic doping violation during the 2008 US Olympic Swimming Trials in which Jessica Hardy, who qualified in three events, tested positive for the anabolic agent clenbuterol, was nonetheless named to the US Olympic Team, lost her arbitration and then withdrew from the Olympic Team post credentialing deadline. This resulted in three qualified and “clean” swimmers (Tara Kirk, Lara Jackson, and Amanda Weir) being inappropriately excluded from the Olympics. Ethical recommendations to prevent future recurrences of inappropriate exclusions of athletes (correction of flawed selection criteria, improved communication regarding positive doping samples, credentialing of appropriate alternates in all sports), comparison of the original 2003 WADC (optional provisional suspension, 7.5) versus 2009 WADC (mandatory provisional suspension for positive “A” Sample Analytical Finding for an anabolic agent, 4.2.2/7.5.1) regulations, and post-Olympic considerations for the injured athletes are addressed.