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Radhika Withana's avatar

Thanks as always for your informative piece.

I think the headline that Sinner was spared the worst is very much the case, and not just because the “upper range” might have been a 3m ban. I know many were speculating about this before this settlement but in truth, according to the applicable law and CAS case law, the 3m ban was not an available option if CAS had determined he bore no significant fault/negligence in his case given that his ADVR was for a non-specified substance. The TADP does not allow a reduction more than half of the maximum (being 1 year) (hence why WADA were asking for 1-2 years). A 3m ban would accord with a low level of fault/negligence based on the applicable case law, had the substance been a specified substance. As such CAS was facing the prospect of having to decide on no fault at all (0 years banned) and if low fault/negligence (at minimum 1 year). I think WADA’s settlement is recognition that was an unfavourable option for CAS given the basic facts of contamination (which they were not disputing, merely the scope of Sinner’s negligence re his staff) that ran the risk of a bad precedent in either case. In this regard I think it was a pragmatic decision by WADA to potentially avoid a loss (or a win that would have potentially been a bad precedent), and an even more pragmatic assessment by Sinner to avoid a potential longer ban where the relevant law and case law could never have allowed a lower range ban less than 1 year for even low negligence and fault. A 3m ban would never have been available to him at hearing and he would have had to demonstrate no ban at all or face the prospect of at min 1 year even with low fault/negligence.

On the issue of whether the settlement represents an “admission of guilt” by Sinner, WADA has never alleged in its appeal that Sinner intended to cheat and said expressly in its statement announcing the settlement that he “did not intend to cheat” so I am not sure what guilt he would be admitting to beyond accepting that he bore some fault and negligence at the low end.

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Ian Katz's avatar

Nice piece. I saw The Athletic reported that he will be allowed to train from April 13. Is that right? I never heard of suspended players not being able to "train." What does that even mean? He can't run on a treadmill or go for a walk? Seems hard to believe. ... On the last paragraph about players having a lot of time to think about what it means, I'll take the "under" on the thinking. Always take the under on thinking in tennis.

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