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Sharapova Suspension Reduced Because She Was Not An Intentional Doper

Darren Heitner, CONTRIBUTOR

Tennis superstar Maria Sharapova has had her two year suspension reduced by the Court of Arbitration for Sport by nine months, which will allow Sharapova to make a return to competition in April 2017. The key finding from the twenty-eight page decision was that Sharapova did not intentionally dope to gain a competitive advantage. Instead, it was determined that Sharapova was negligent in not fully investigating the fact that a drug she was ingesting was a banned substance.

“In so many ways, I feel like something I love was taken away from me and it will feel really good to have it back,” said Sharapova upon learning of the reduced suspension. Still, Sharapova will have served a suspension of fifteen months before returning to the tennis court.

Sharapova Not Labeled As A Cheater

Near the end of a lengthy decision, the Court of Arbitration for Sport makes an important finding for Sharapova’s reputation and continued sponsorship. Her suspension is not about an athlete who cheated.

“It was only about the degree of fault that can be imputed to a player for her failure to make sure that the substance contained in a product she had been legally taking over a long period, and for most of the time on the basis of a doctor’s prescription, remained in compliance with the TADP and WADC,” says the opinion. “No question of intent to violate the TADP or WADC was before this Panel: under no circumstances, therefore, can the Player be considered to be an ‘intentional doper.’”

TADP stands for the Tennis Anti-Doping Programme and WADC is an acronym for World Anti-Doping Code.

The Court of Arbitration for Sports also took into consideration the fact that Sharapova quickly acknowledged the issue and got out in front of it instead of denying that she took the banned substance.

“The Player took a public position acknowledging that she took Meldonium and that she accepted responsibility therefor, and she did so in a very public way, calling a press conference, on her own, that brought worldwide publicity to her case and to the use of Meldonium going forward,” states the opinion. Sharapova’s stance certainly assisted her efforts to reduce the initial two-year suspension.

Blame Shifted To Sharapova’s Agents

While the Court of Arbitration for Sport may have been light on blaming Sharapova, it pointed the finger at Sharapova’s agents for contributing to the violation.

“Where the Player fell short, however, was in her failure to monitor or supervise in any way whether and how IMG was meeting the anti-doping obligations imposed on an athlete when IMG agreed to assist her,” says the opinion. “She failed to discuss with Mr [Max] Eisenbud what needed to be done to check the continued availability of Mildronate (as opposed to the procedure to check new substances she was prescribed), to put him in contact with Dr Skalny to understand the nature of the Skalny products, to understand whether Mildronate was the name of the product or the substance, and whether he had made the necessary confirmation each year that the product had not been added to the Prohibited List.”

Eisenbud previously accepted responsibility for Sharapova’s failed test. Whether he is truly to blame is not as important as the fact that Sharapova deflecting blame helped reduce her suspension. This is all part of an agent’s job — to do whatever is legally permissible to act in the best interests of the athlete.

Sponsors Are Happy To Have Stuck By Sharapova

Tennis equipment manufacturer HEAD quickly responded to the reduction of Sharapova’s suspension with a congratulatory note, indicating that the company is proud to have stood by Sharapova “for the right reasons.”

Sharapova sponsor Evian also reacted, stating that it “continues to enjoy its long-lasting relationship with Maria Sharapova and is looking forward to see her back on court.”

http://www.forbes.com/sites/darrenheitner/2016/10/04/sharapova-suspension-reduced-by-nine-months-not-intentional-doper/#455538331d1e

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