The Legal Battle Behind an Olympic Figure Skating Doping Controversy May Change Anti-Doping Rules

By: Bethany Butler

2022 Olympic Women’s Singles Figure Skating Doping Controversy 

The 2022 Winter Olympics in Beijing were overshadowed by an intense doping scandal in the women’s singles figure skating event. In February 2022, Kamila Valieva, a 15-year-old Russian figure skater (competing under the ROC “Russian Olympic Committee” due to Russia’s previous doping issues), participated in the Olympic figure skating team event. With the help of Valieva’s top scores, the ROC placed first in this event, followed by the United States in second, Japan in third, and Canada in fourth. At the time, the medal ceremony was delayed for this competition. It was later revealed that the results of Valieva’s drug test from the Russian championship a few months prior in December 2021 was the reason behind the delay. Valieva’s sample from the December 2021 competition was found to contain detectable amounts of trimetazidine (“TMZ”), which is a World Anti-Doping Agency banned substance that is thought to help with endurance and recovery. The timing and reporting of this doping violation was unfortunate as it led to issues regarding the results of the team event, and questions of whether Valieva would be allowed to compete in the individual competition. Quickly after the drug testing results came out, the Court of Arbitration for Sport decided that Valieva was ultimately allowed to compete in the individual event in part due to her protected status as a minor and the “untimely notification” of the anti-doping results. In the individual competition Valieva placed fourth while her Russian teammates, Anna Scherbakova and Sasha Trusova, earned the gold and silver medals respectively. Following the Olympics, the main unanswered question was whether Valieva’s scores would be disqualified, and if so, what would happen to the team event standings. 

Legal Battle and Ruling

The legal and procedural landscape surrounding Olympic sports and anti-doping policies involve the International Olympic Committee (“IOC”), the World Anti-Doping Agency (“WADA”) and the Court of Arbitration for Sport (“CAS”). WADA is a foundation initiated by the IOC and coordinates anti-doping efforts across nations. CAS is a mediator in anti-doping cases which handles WADA appeals “under the jurisdiction of World Anti-Doping Code signatories (Code).” In addition, CAS “provides for services to facilitate the settlement of sport-related disputes” and eventually handled the case between Valieva, the Russian Anti-Doping Agency (“RUSADA”), the International Skating Union (“ISU”), and WADA. 

Following delays from the RUSADA investigation into the Valieva case, WADA put the agency on notice that they will appeal the case to CAS if a resolution is not released. Eventually, RUSADA, the ISU, and WADA all appealed the case to CAS which resulted in closed hearings at CAS’s headquarters in Lausanne, Switzerland.  

In January of 2024, almost two years after the 2022 Winter Olympic Games, CAS ruled that Valieva was guilty of an anti-doping violation for her positive TMZ sample. The ruling resulted in a four year ban, retroactive to December 25, 2021, the date of Valieva’s positive test at the 2021 Russian Championship. Valieva’s Olympic results were subsequently disqualified due to this ban, which led many to speculate how the IOC would handle the figure skating team event results. 

Ultimately, the IOC decided to remove Valieva’s results from the cumulative team score and keep all other scores the same. This led to the US and Japan teams moving to the first and second spots, with the ROC team dropping to third, rather than disqualifying the entire team results and moving Canada to the third spot. So far four appeals to CAS, three from Russia and one from Canada, were filed challenging the ISU’s amended team event standings.  

The handling of Valieva’s case led to many criticisms, primarily related to using a teenage athlete as a scapegoat in a flawed system. Valieva was the only one punished in this case, even though she was 15 years old at the time. Many believe the testing delay was inappropriate and she should have never been in this situation to begin with, while others believe her coaching staff should be at fault. This case has led WADA officials to indicate their desire to update the anti-doping code “before the 2026 Winter Olympics in Italy to give more powers to investigate athlete entourages.” The head of the IOC, Thomas Bach, expressed concerns over the Valieva case and stated that “doping is very rarely done alone with the athletes,” indicating a need to hold athletes’ support teams accountable. 

The World Anti-Doping Code “is the core document that harmonizes anti-doping policies, rules and regulations within sport organizations and among public authorities around the world,” and is updated every six years with the next global review set in late 2025. This review is when anti-doping violation rules may be overhauled in response to the Valieva case, especially to take into account various agencies’ requirements to investigate minor athletes’ support teams. Some changes have already been implemented since the Valieva case. Approximately four months after the 2022 Olympic Games in June 2022, the ISU voted to gradually increase the age limit for senior competitive skaters from 15 to 17. The 17 year age limit will be in effect for the 2026 Winter Olympic Games in Italy. This decision was largely believed to be in response to the Valieva controversy and an effort to better protect minors in the sport. The age limit increase is just the beginning of the overhaul in procedures and safeguards needed to protect athletes in the sport. The legal and procedural decisions by CAS, WADA, and other agencies in the coming years prior to the 2026 Winter Olympic Games are vital for the sport of figure skating to continue in a clean, fair, and legal manner.

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