The Essendon Football Club Supplements Saga: Exploring Natural Justice for Team Sanctions within Anti-Doping Regulations

Farrar M and Faunce TA. The Essendon Football Club Supplements Saga: Exploring Natural Justice for Team Sanctions within Anti-Doping Regulations (2017) 24 Journal of Law and Medicine 565-575

ANU College of Law Research Paper No. 19.4

12 Pages Posted: 8 Oct 2018 Last revised: 26 Mar 2019

See all articles by Madeleine Farrar

Madeleine Farrar

ANU College of Law

Thomas Alured Faunce

Australian National University

Date Written: August 31, 2018

Abstract

10 October 2016, the Essendon Football Club (EFC) performance enhancing drugs regulatory saga concluded with the Swiss Federal Tribunal (SFT) deciding not to ‘entertain’ Essendon’s appeal of the Court of Arbitration of Sport (CAS)’s guilty finding, thus supporting the World Anti-Doping Authority (WADA). The EFC CAS appeal is a unique case as it is the first time a team (34 players from the one team) have been subject to CAS’s jurisdiction for allegations of doping contrary to the World Anti-Doping Code. One significant concern throughout this regulatory sage was that the team-based nature of the infraction denied individual players natural justice. Central to these concerns is the fact that the players were advised by EFC to take part in the program and that its chief architect, sports scientist Stephen Dank, never gave sworn evidence that was tested in cross-examination. This column investigates whether there are important lessons for team-based anti-doping infractions from the EFC saga.

Note: This article was first published by Thomson Reuters in the Journal of Law and Medicine and should be cited as ‘Farrar M and Faunce TA, The Essendon Football Club Supplements Saga: Exploring Natural Justice for Team Sanctions within Anti-Doping Regulations, 2017, 24, JLM, 565’.

This publication is copyright. Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 (Cth), no part of it may in any form or by any means (electronic, mechanical, microcopying, photocopying, recording or otherwise) be reproduced, stored in a retrieval system or transmitted without prior written permission. Enquiries should be addressed to Thomson Reuters (Professional) Australia Limited. PO Box 3502, Rozelle NSW 2039.

Keywords: Anti-Doping, Sports Medicine, Performance Enhancing Drugs, Natural Justice, Team Sports

JEL Classification: I18, K32

Suggested Citation

Farrar, Madeleine and Faunce, Thomas Alured, The Essendon Football Club Supplements Saga: Exploring Natural Justice for Team Sanctions within Anti-Doping Regulations (August 31, 2018). Farrar M and Faunce TA. The Essendon Football Club Supplements Saga: Exploring Natural Justice for Team Sanctions within Anti-Doping Regulations (2017) 24 Journal of Law and Medicine 565-575; ANU College of Law Research Paper No. 19.4. Available at SSRN: https://ssrn.com/abstract=3241878

Madeleine Farrar

ANU College of Law

Canberra, Australian Capital Territory 0200
Australia

Thomas Alured Faunce (Contact Author)

Australian National University ( email )

Canberra, Australian Capital Territory 0200
Australia
61 2 61253563 (Phone)

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