Truth Under Water (24)
Nonfacts that influence WADA v. Sun Yang
Training Record — Inadequate training contents
The Statement of Confidentiality (“SoC”) is the only record of the training at IDTM for its sample collection personnel. If that means, other than those recorded in the SoC, there was no additional training, the training program provied by IDTM was inadequate, thus in violation of the International Standard for Testing and Investigations (“ISTI”).
IDTM’s Doping Control Officer (DCO) Yang stated that the training she gave to the Doping Control Assistant (DCA) Wu was very brief, totalling merely a few minutes. WADA’s counsel, however, believed that it was not an issue, claiming that “a DCA’s training could be encapsulated in 15 seconds.” The CAS panel, though noticing WADA’s exaggereation, accepted the argument that brief DCA’s training suffices , “so long as it covers the essentials.”
…A Chaperone, in contrast, typically has a few basic tasks, and this DCA had just one: observation of the passage of urine, to ensure there be no manipulation of the urine sample. WADA’s claim at the hearing that a DCA’s training could be encapsulated in “fifteen seconds” rather overstates the case, but it is nonetheless true that monitoring the passage of urine is not a high art, and does not require an advanced degree…In the Panel’s view, even relatively brief training by a DCO may suffice for preparing a Chaperone to observe the passage of urine, so long as it covers the essentials.
— CAS Rehearing Award, 2021.06.22, paras. 346 & 347
Yet IDTM’s training for DCA Wu failed to cover the essentials. Monitoring the passage of urine, though “not a high art” in the panel’s view, actually has detailed protocols under the ISTI, such as hand cleaning and clothing adjustment.
D.4.7 The DCO/Chaperone should, where practicable, ensure the Athlete throroughly washes his/her hands prior to the provision of the Sample or wears suitable (e.g., latex) gloves during provision of the Sample.
D.4.9 …In order to ensure a clear and unobstructed view of the passing of the Sample, the DCO/Chaperone shall instruct the Athlete to remove or adjust any clothing which restricts the DCO’s/Chaperone’s clear view of Sample provision…
— ISTI (2017), Annex D, Collection of Urine Samples
In the template Doping Control Officer Manual distributed by WADA to international sport federations, it specifically instructs, with illustration, to “ask the athlete to disrobe from mid-torso to mid-thigh” in order to ensure a clear view of passing the sample.
Obviously, how to observe the passage of urine is an essential part of DCA’s training. But there was no record of it in Wu’s SoC. When questioned at the CAS rehearing, DCA Wu denied ever being trained what to do during the urine sample collection.
Sun’s Counsel: Were you aware what kind of preparation work you were supposed to do while you were supervising Sun Yang to pass urine?
Wu: I have no idea.
Sun’s Counsel: Do you know how Sun Yang’s hands should be cleaned?
Wu: I don’t know.
Sun’s Counsel: Do you know how Sun Yang’s clothes should be undressed, and how his body should be exposed in front of you?
Wu: I don’t know.
Sun’s Counsel: After the urine has left Sun Yang’s body, do you know how it should be kept?
Wu: I don’t know.
Sun’s Counsel: So you have never been trained how to observe an athlete to pass urine. Correct?
Wu: Correct. No one has ever trained me.
— Transcript of CAS Rehearing, 2021.05.25, 153:12
Remember that the standard of proof on the Athlete is merely a balance of probability. Wu’s testimony evidenced that he was not trained to observe passage of urine, but WADA never produced any evidence to the contrary. So, Sun Yang successfully established that DCA’s training was inadequate.
In addition, it is further required that Chaperones/DCAs must be trained to get familiar with requirements under the ISTI.
H.5.2 The Sample Collection Authority shall ensure that Sample Collection Personnel have completed the training program and are familiar with the requirements of [the ISTI] before granting accreditation.
— ISTI (2017), Annex H, Sample Collection Personnel Requirements
According to Wu’s SoC, his training was completed in January 2018. Note that Wu does not understand English. But not until 2021 did China Anti-Doping Agency publish the first Chinese version of the ISTI. Therefore, it was a mission impossible for anyone to acquaint himself with a hundred-page document in an unknown foreign language within minutes.
