Lec 6 - Badminton, Kaillie, Technological Doping

What are the details of the Badminton Canada Executive Director’s Letter? What was requested?

In 2012, Director name: Kyle Hunter

• sending letter to Badminton World Federation (BWF)

• this is regarding the 2012 olympics incident

Main points of letter

• Concerns ignored – Before the matches, issues about the tournament format were raised at the team managers’ meeting but were ignored.

• Player misconduct – During women’s doubles matches (Korea vs China, Korea vs Indonesia), the referee had to intervene. One match got a warning, the other faced potential disqualification.

• Crowd reaction – Spectators were booing because it looked like players were deliberately losing to manipulate results.

• Media coverage – BBC reported on the disqualifications, and the events were widely televised. John McEnroe commented that something drastic needed to be done or viewers might stop watching.

• No protest process – Badminton Canada asked if they could formally protest, but BWF said there’s no procedure for member associations to challenge such events.

Request:

• Badminton Canada urges BWF to take the situation seriously to protect the credibility of the sport.

• They ask for clarification on actions that will be taken regarding the players and the incident.

What does the section 2.5 Failure to report of Olympic Movement Code on the Prevention of the Manipulation of Competition state?

Failing to report to the Sports Organisation concerned or a relevant disclosure/reporting mechanism or authority, at the first available opportunity, full details of any incident, fact or matter that comes to the attention of the Participant (or of which they ought to have been reasonably aware) including approaches or invitations that have been received by another Participant to engage in conduct that could amount to a violation of this Code.

• This provision is about ensuring that participants are proactive in reporting anything that could harm the integrity of the sport or violate its rules, especially if it involves misconduct or unethical behavior. Failing to report such matters could itself be seen as a violation of the code.

What were the badminton allegations?

 China accused of deliberately losing to draw an easier quarterfinal draw

 Round robin stage rather than straight knock out in Olympics-this was the

competition format

 Similar allegations with other women’s doubles teams

How did IOC respond?

IOC allows governing badminton body to deal with the controversy

 Badminton World Federation

 Delegation (Delegate their responsibility to international federation/orgs for given sport)

What is article 3 of Olympic Movement Code on the Prevention of the Manipulation of Competition? (6)

Disciplinary Procedure

 3.1-Investigation

 3.2- Rights of the concerned person

 3.3-Burden and standard of proof

• Balance of probabilities

 3.4-Confidentiality

 3.5-Anonymity of the person making a report

 3.6-Appeal

What is article 5 of Olympic Movement Code on the Prevention of the Manipulation of Competition?

Sanctions

What kind of sanctions do sport organizations have to impose?

Sports Organization shall impose sanction ranging from warning to maximum

of life ban

 Consider aggravating and mitigating circumstances and shall detail the effect of such circumstances on the final sanction in the written decision.

“Substantial assistance provided by a Participant that results in the discovery

or establishment of an offence by another Participant may reduce any

sanction applied under this Code.”

• their own sanction can be reduced

What is the hearing process/structure in BWF?

Independent Hearing Panel

• The Independent Hearing Panel (IHP) has a general jurisdiction on cases arising from the BWF Statutes. The IHP acts as a first instance hearing panel for Integrity and Ethics cases, and as an appeal panel for Sports cases and for Continental Confederation governance cases

What kind of things should an organization have? (5) Why?

 Governance

 Policies

 Code of Conduct

 Code of Ethics

 Judicial Procedures

For maintaining order, fairness, integrity, and accountability within an organization.

• BWF was still evolving

What is the purpose of BWF code of conduct? (2)

 To ensure and maintain fair and orderly administration and conduct of BWF Sanctioned Tournaments, and to protect the Players’ rights and the respective rights of the BWF, sponsors, and the public;

 To uphold the good name of the BWF and the integrity of badminton.

What is the section of ‘Other Conduct Contrary to the Integrity of the Sport’ in BWF code of conduct?

 3.5.1. Players have an obligation not to engage in conduct contrary to the integrity of the game of badminton.

 3.5.2. If a Player is convicted of serious violation of a criminal law of any country, the punishment for which includes possible imprisonment, that Player may be deemed by virtue of such conviction to have engaged in conduct contrary to the integrity of the game of Badminton.

 3.5.3. In addition, if a Player has at any time behaved in a manner severely damaging to the reputation of the sport, that Player may be deemed by virtue of such behaviour to have engaged in conduct contrary to the integrity of the game of Badminton.

How did BWF react/respond to the olympic issue?

Disqualification of eight badminton players (China, South Korea and Indonesia) for throwing matches

 ‘Not using best efforts’

 ‘conducting oneself in a manner that is clearly abusive or detrimental to sport’

Were there any appeals?

China did not challenge decision

South Korea and Indonesia appealed

 South Korea lost appeal

 Indonesia withdrew challenge

What is rule 41 of IOC? By-law 2 of this?

Any competitor in the Olympic Games must be a national of the country of the National Olympic Committee which is entering such competitor.

Bye-law 2:

A competitor who […] has changed his nationality or acquired a new nationality, may participate in the Olympic Games to represent his new country provided that at least three years have passed since the competitor last represented his former country. This period may be reduced or even cancelled, [if both countries agree].

Who is Kaillie Humphries? (accomplishments)

 2010 and 2014 Olympic Champion in two women bobsled (Team Canada)

 2019 Humphries switched to represent the US

 2022 Gold for US in monobob

What is Humphries v. Bobsleigh Canada Skelton?

Filed a harassment complaint against Bobsleigh Canada

 Alleged abusive coaching environment

Wanted to be released from Bobsleigh Canada

 Requirement of International Bobsleigh and Skeleton Federation

Bobsleigh Canada initially refused but ultimately granted

• why?

• under contract at first and didn’t want to lose her

• perhaps the legal and public pressure caused them to release her (perhaps everyone would be damaged in this legal battle)

decorated athlete for Canada

• took legal action to go compete for US

What is technological doping?

the practice of gaining a competitive advantage by using sporting equipment.

Technological doping in world aquatics?

 draft regulations surrounding certain type of swimsuits that were being used by the athletes as these swimsuits were providing a significant competitive advantage to the athletes who wore the swimsuits.

 Issue of severe discrepancy in performance based on equipment

There was a speedo that was the world’s fastest swimsuit and was worn by 10 athletes who set world record that year

• concern about this and how performance is being improved by wearing this

How did FINA uphold sport integrity? (3)

 In May 2009, FINA revised their regulations regarding permitted swimwear to balance and maintain a level of competitive equity.

 FINA updated their requirements on the type of approved swimwear and included regulations related to design, material, thickness, buoyancy, control, construction, customization, and use.

 The sport governing body had to balance the competing interest of technological advancement versus their principle of competition being based on the physical performance of the athlete

What is another example of technological doping?

The running shoe - Nike

• controversial use of carbon fiber plates and advanced foam materials in their shoes

• allegedly provide athletes with an unfair performance advantage.

• While not fully banned, World Athletics introduced regulations in 2020 limiting the maximum stack height and the number of plates to maintain fairness, a response to the shoes' clear performance benefits.