Did Chinese Swimmers Get a Break from Doping Enforcement?

It was recently revealed that nearly half of China’s swimming team tested positive for a banned substance just months before the Tokyo Olympics in 2021, but the athletes were still allowed to compete. Apparently, China's Anti-Doping Agency concluded that the swimmers ingested the performance-enhancing prescription heart drug known as TMZ, unwittingly and did not enforce sanctions.

Shockingly, the international agency known as the World Anti-doping Agency declined to challenge the decision, allowing the alleged offenders to compete and collect up to half a dozen medals for China. How can this be tolerated? Tune in to this edition of the Sports Business Podcast with Prof. C. to learn more.

Host: Mark Conrad Producer: Victoria Ilano Additional Production: Jeffrey Haynes Artwork: Pamela V. White Marketing: Michelle Miller Music: ”MarcusWay/Energetic Pop Punk/Tribe of Noise”

Episode Transcript

(00:06):
Hello and
welcome to the Sports Business Podcastwith Prof.
C, the podcast that exploresthe world of professional,
collegiate, amateur, and Olympic sports.
I'm Mark Conrad or Prof.
C from Fordham University's Gabelli Schoolof Business, where I serve as Professor

(00:28):
of Law and Ethicsand the Director of the Sports
Business Initiative.
About 30 years ago,
in an effort to combatthe use of performance enhancing drugs
in international sports, the WorldAnti-Doping
Agency, or WADA, was created.

(00:48):
It has standardized rulesfor what kinds of substances
are prohibited from use in internationaland Olympic sports
for the great majorityof international sports organizations.
Funded by the International OlympicCommittee and various
national governments, WADA is mainly known

(01:09):
for its World Anti-Doping Code
that lists the banned substancesand is updated each year.
WADA has domestic national affiliatesand the testing is done
in certified labsbefore and after competitions.
The liability is strict
- whether it was an accident or not,

(01:31):
the fact that the substance is inthe athlete is a determining factor.
While athletes of every nationhave been caught with banned substances,
some governments have utilized waysto evade detection.
A case in point is Russia during the SochiOlympics, where a system of rampant

(01:51):
cheating was detected and discoveredwell after the event.
As the Paris Olympics is uponus, The New York Times and the German
television network ARD reported
a major breach by Chinese swimmers.
And what is particularly troublingis the reaction or lack of reaction

(02:12):
by WADA, the very agencyin charge of preventing doping.

Here is what we know: nearly half of China's swimming (02:17):
undefined
team, 23 in all, tested positivefor a banned substance
just monthsbefore the Tokyo Olympics in 2021,
but the athletes were still allowedto compete.
Apparently, China's anti-doping

(02:38):
agency, known as CHINADA,
concluded that the swimmers ingestedthe performance enhancing prescription
heart drug trimetazidine, known as TMZ,
unwittingly and did not enforce sanctions.
This is the same substancethat resulted in a four-year ban

(02:59):
against Russian skater Kamila Valieva
after a lab discovered it in her system.
Shockingly,WADA declined to challenge the decision,
allowing the alleged offenders to compete
and collect upto half a dozen medals for China.
Veteran U.S.
swimmers and groupsrepresenting international

(03:20):
athletes reacted critically.
Michael Phelps, an icon of U.S.
swimming, and others, accused WADAof sweeping the alleged Chinese
positive test under the rugand demanded more transparency
and castigated WADAfor not even opening an investigation.

(03:41):
As one commentatorstated: “WADA is not independent.
WADA has sports leaderswho have a direct interest
in their decisions sitting on its Board;
for example, the current vicepresident from China is a former member
of the Chinese National Olympic Committeeand is on the IOC.

(04:02):
It's the epitome of the foxguarding the henhouse.”
A so-called independent inquiryconcluded that WADA's decision
to close any investigation of the ChineseAnti-Doping agency
did not suggestthat WADA showed favoritism to China.
WADA’shead did not take to the public criticism

(04:24):
kindly and released a statementclaiming that most U.S.
athletes are not part of the WADA systemand therefore the U.S.
Testing Agency underteststhe number of U.S.
athletes.
He added that the IOC has expressedfull confidence
in WADA's actions,or should I say inactions.

(04:44):
But that misses the point.
True, U.S.
professional athletes and NCAAathletes are not part of the WADA system,
but that has nothing to do with the claimat hand -
that Chinese swimmers got a free passafter testing positive.
While there are arguments to be madethat the U.S.

(05:05):
professional league testingstandards are too relaxed,
that does not excuse this situation.
One reporteven said that some of the swimmers
did not know of their positive tests.
If true, that's a violation of the rules.
Also, Chinese authorities claimed
that the substance was in the foodthe swimmers ate,

(05:27):
but the German documentary reportsthat not all the swimmers
were in the same hotelwhen the dinner took place.
If that report is true,then the authorities are lying.
Finally,there's an interesting legal component
to all of this, and that is a unique U.S.
law called the “Rochenkov Anti-Doping Act”which was passed in 2020.

(05:52):
and it gives U.S.
authorities the jurisdiction to prosecuteindividuals for doping schemes
at international sportscompetitions involving American athletes.
Admittedly, it
is a law that gives broad jurisdictionto U.S.
prosecutors, and it is no secretthat international sports

(06:12):
authorities are, to be sure,not fond of it.
But the U.S.
Justice Department is investigating.
The situation is messy,

but one thing is sure (06:22):
Coming at the time of the present Olympic Games,
this does not instill confidenceon the viceroys of WADA.
Any thoughts?
Send them to me at [e-mail].
Thank you for listening.
Until next time, this is Prof.

(06:43):
C for the GabelliSports Business Initiative.