ReSolution Issue 11, Nov 2016 | Page 33

RESOLUTION INSTITUTE
MEDIATOR OF THE YEAR

Sharon Stewart

Winner

Carol Powell

Highly Commended

The Maria Sharapova Decision
– a Double Fault?

- Gary Rice, Aidan Healy and Nial Sexton

The Court of Arbitration for Sport's (CAS) decision in the Sharapova has the potential to undermine the principle of personal responsibility which says that athletes are responsible for what they ingest.

The CAS decided to reduce Sharapova's ban to 15 months (from 2 years), finding that she bore 'No Significant Fault or Negligence'. WADA issued a statement acknowledging the decision, but it appeared to be issued through gritted teeth. Even the press release from the CAS was at pains to point out that the case "was only about the degree of fault that can be imputed to the player for her failure to make sure that the substance contained in a product that she has been taking over a long period remained in compliance with the anti-doping rules." This point was not emphasised in the decision and reads like a line devised to say the principle we've used to decide this case isn't applicable in other cases.