Court Appeals

Case Study

B. K. Stroker, an Olympic swimmer, tested positive for a stimulant on the list of prohibited substances. FINA, the IF for swimming, investigated and decided to expel Stroker from her event later that day and suspended her from international competition for two years. She appealed within the IF, but her appeal was denied, so she is now appealing to the CAS for a final decision. Stroker has evidence that she did not knowingly ingest the stimulant. She avers that 30 minutes before every race she relinquishes control over her food and drink choices to her coach. Her coach admitted that in this instance he inadvertently gave Stroker a capsule of the stimulant when providing her with food and drink before the race. Stroker has a reputation for unimpeachable moral integrity and generally exemplary conduct.

1.  Explain the appeals process in cases like these. Who has the burden of proof? (Does she have to prove she didn’t deliberately take the drugs or does does CAS have to have evidence that she did take the drugs. Remember to cite the text and for your outside research requirement, look at the CAS website.

2.  Will the CAS apply a strict liability approach to Stroker’s case, or will it decide in her favor and overturn her suspension?

3.  If the CAS finds Stroker to bear very little of the blame, will it reduce the severity of the penalty imposed by FINA, or is proportion of blame irrelevant to CAS decisions?

4. Do you think the NCAA certification process is structured in a way that enables it to fully accomplish what the Knight Commission intended? If not, what changes would you recommend?

500 word   Remember to footnote the post and cite both the text and at least one outside source in BlueBook format!

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