Facts, Fiction and other Relevant Legal Developments Regarding Performance Enhancing Substances

By Nancy A. Oretskin and Ryan E. Cruz.

Published by The Sport Collection

Format Price
Article: Print $US10.00
Article: Electronic $US5.00

It seems a week does not go by without news of another doping scandal in a major sport. Certainly baseball has monopolized its share of headlines especially since the release of the Mitchell Report in December 2007. Other competitors from cycling, tennis, field and track have been accused and caught up in the doping quagmire. Athletes interested in competing in national and international events must comply with all the relevant laws and codes relating to doping. To be eligible for participation in the qualifiers and Olympic Games, an athlete must refrain from using substances and procedures prohibited by the rules of the International Olympic Committee (IOC), the International Sports Federations and the National Olympic Committees (NOC). It is not always such an easy task to discern the requirements of the rules and codes from these different committees.

This manuscript begins by articulating a number of facts on doping and the use of performance-enhancing drugs. Next, it addresses some commonly held erroneous views on doping and distinguishes the facts from fiction. The article than sets out the most relevant laws and codes in the US and those required by the Olympic Committee. In the discussion section, a variety of current issues that athletes face with respect to compliance and or non/compliance with the anti-doping laws. The conclusion looks to the future and provides some guidelines for athletes to avoid doping dilemnas.

Keywords: Doping, Athletic Eligibility, Anti-doping Legislation and Codes

The International Journal of Sport and Society, Volume 1, Issue 3, pp.237-254. Article: Print (Spiral Bound). Article: Electronic (PDF File; 886.273KB).

Prof. Nancy A. Oretskin

Professor of Business Law, Finance Department, College of Business, New Mexico State University, Las Cruces, New Mexico, USA

Ms. Oretskin is a Professor in the College of Business at New Mexico State University. She teaches graduate and undergraduate classes in Business Law, Contemporary Legal Issues, Sports and the Law, Business Negotiation and Conflict Resolution. She joined the NMSU faculty in August 1989. She received a Fulbright Scholarship in 2005 and studies conflict resolution issues related to water in Israel and Palestine. Since 2006, she has taught sports and the law and has become interested in different business and legal issues where conflict resolution tools can be successfully used to resolve disputes such as those related to doping.

Ryan E. Cruz

Freelance Sports Trainer and Tennis Instructor, New Mexico State University, Albuquerque, New Mexico, USA

Ryan received his MBA from NMSU in May 2009. He has an undergraduate degree in Kinesiology from NMSU and is a freelance tennis instructor and sports trainer.