Monday, September 26, 2016

Julliard School President Responds to My Op-ed

In a letter to the New York Times today, Joseph Polisi, president of The Julliard School, takes issue with my op-ed proposing degrees in sports. Polisi writes:
There is a similar beauty and grace in both sports and the arts, but comparing the performance of a violin concerto to a successful three-point shot is a deeply flawed argument.

Although perfection of technique is necessary in both, the arts operate in a different sphere by communicating profound intellectual and emotional truths.
Intellectual and emotional truths in sport?  Hmm, let me think ...







Saturday, September 17, 2016

Did the University of Washington Just Cover Up Research Misconduct?

The University of Washington has completed an investigation into the alleged effort by one of its medical school faculty to influence funding decisions by the National Institutes of Health that were based on donations by the NFL. The researcher, Richard Ellenbogen, is also the chair of the NFL's Head, Neck and Spine Committee. The UW investigation was prompted by an investigation by Democrats on the House Energy and Commerce Committee (here in PDF), released last May.

The NIH had awarded funds using the NFL donation to a group at Boston University, and a group that Ellenbogen was affiliated with had been ranked second. USA Today says of the UW investigation (emphasis added):
A University of Washington review committee has cleared Dr. Richard Ellenbogen, the pediatric neurosurgeon and co-chairman of the NFL’s Head, Neck and Spine Committee, who was harshly criticized in a congressional report in May over alleged attempts to influence a grant selection process.
In a letter to the UW medical school’s dean, members of the committee wrote they concluded Ellenbogen “did not attempt in any improper way to influence the selection or award process for the NIH (National Institutes of Health) research grant to be funded by the NFL” or violate any other ethical boundaries in advocating for additional funding. 
ESPN has more details. The conclusion of the UW report is mistaken in important respects and is compromised by a clear institutional conflict of interest. This post explains.

The most important mistake is that Ellenbogen did indeed participate in trying to influence the "selection or award process." This is clearly documented in both the Democrats report and the Republicans request for an Inspector General investigation of the whole situation, sent to NIH earlier this week (here in PDF). That letter includes the following new information about a phone call between Ellenbogen and Dr. Walter Koroshetz, NIH official responsible for administering the grant process using the NFL's donated funds:
Much of the discussion of this issue has centered on whether or to what degree Ellebogen sought to redirect funds from BU to other awardees. In his defense, Ellenbogen argues that his role in the process was not to de-fund the opposing group, but to explore if more funds could be obtained from the NFL so that an additional group might be funded.

The BU part of the story has captured attention, but it is largely irrelevant to the issue of whether Ellenbogen acted improperly. Here is all you need to know:
  • Ellenbogen was a party to a grant in the competition;
  • Ellenbogen was representing the funder, the NFL;
  • Ellenbogen was speaking to Koroshetz about the grant process.
That is it. The combination of the three elements above represent a prima facie case of an improper role in the NIH award process. Koroshetz, who apparently refused to speak with the UW investigators, is also guilty of violating protocol. He, apparently, was holding out the prospect of funding more research (to which Ellenbogen was a party) if an additional $15 million might be directed to his program.  Ellenbogen took charge of trying to get those funds. Think about that. 

The conflicts and improprieties here are not rocket science. They are obvious.

We can look at the relevant NIH policies for a more formal exploration of what went wrong here:
  • Confidentiality - it is not permitted for the NIH official to be discussing the award process with members of the pubic (like the NFL HNS committee). The NIH peer review process is described here.  Confidentiality is described here. The relevant policies are here.
  • Post-submission materials. The NIH places strict limitations on what information might be considered in a grant process award proposals have been submitted. That policy is described here. It was completely ignored by all in this case.
  • Appeals process - NIH does have a formal process of appeal and grievance for funding decisions. That process is described here. Neither Ellenbogen nor his NFL peers used this process.
It does not appear that the UW investigation considered any relevant NIH policies in its investigation. That is shocking. Rather, it appears to have applauded Ellenbogen's quest for more funding that might have been directed to a group he was associated with. 

It is hard not to think that the UW investigation was either a whitewash or simply conducted by those poorly informed about research integrity policies. The fact that it was conducted from within the UW medical school, which received millions of dollars from the NFL, and NFL-related funders, does not look very good.

There is plenty of culpability to go around here. The Republican letter requesting an IG investigation asked the right question:

This whole situation is a mess, and the UW report makes it messier. The request for an NIH IG investigation makes good sense.

Thursday, September 15, 2016

A Mission Statement for an Athletics Degree Program

For my own future reference in the discussion of athletics degrees, below (and in PDF) is what a degree on music (strings) looks likes here at the University of Colorado, Boulder. Click to enlarge.
Here is the mission statement of the (excellent) University of Colorado College of Music:
The mission of the College of Music at CU Boulder is excellence in music through distinguished instruction in performance, composition, musicology, theory and teacher preparation for our graduate and undergraduate students, and to provide opportunities for performance, creative activities, research and scholarship and teaching experiences.

The college is dedicated to:
  • Providing music majors and non-majors the opportunity to develop their knowledge, understanding and ability in the various aspects of music at a level appropriate to their needs and interests 
  • Preparing students for careers as performers, composers, scholars, teachers, administrators and other professionals in the field of music 
  • Broadening and deepening the knowledge and understanding of music through research, teaching, creative activities, and publication 
  • Enriching the lives of students and faculty as well as the community, state, nation and the world with performances of a wide variety of music presentations and publications
The College of Music is an academic community committed to maintaining a climate of mutual respect and collegiality. The members of this community:
  • Share a spirit of cooperation and helpful, constructive, and friendly consideration for each other’s activities 
  • Maintain open communication in both formal and informal contexts 
  • Defend academic freedom
  • Encourage an environment of safety and well-being
  • Show respect for a diversity of musical cultures and individual backgrounds
Let me edit it by changing just a few words, so that it focuses on athletics rather than music:
The mission of the College of Athletics at Big-Time U is excellence in athletics through distinguished instruction in performance, coaching, management, governance and teacher preparation for our graduate and undergraduate students, and to provide opportunities for competition, research and scholarship and teaching experiences.

The college is dedicated to:
  • Providing athletics majors and non-majors the opportunity to develop their knowledge, understanding and ability in the various aspects of athletics at a level appropriate to their needs and interests 
  • Preparing students for careers as professional athletes, coaches, scholars, teachers, administrators and other professionals in the field of athletics 
  • Broadening and deepening the knowledge and understanding of athletics through research, teaching, creative activities, and publication 
  • Enriching the lives of students and faculty as well as the community, state, nation and the world with performances of a wide variety of athletic competition and publications
The College of Athletics sis an academic community committed to maintaining a climate of mutual respect and collegiality. The members of this community:
  • Share a spirit of cooperation and helpful, constructive, and friendly consideration for each other’s activities 
  • Maintain open communication in both formal and informal contexts 
  • Defend academic freedom
  • Encourage an environment of safety and well-being
  • Show respect for a diversity of cultures and individual backgrounds
OK, the question that follows is, why would such a mission statement be OK for a Music program but not for an Athletics program?

Wednesday, September 14, 2016

NYT Op-Ed on Degrees in Athletics

I have an op-ed in the NYT today on the notion of degrees in athletics, akin to degrees in music. Here is how it starts:
A new influx of money into big­-time college sports is likely to reinvigorate debate over whether student athletes should be paid as if they were professionals, with colleges running semipro teams as side projects to their research and teaching missions.

But one question that gets little attention is how schools can keep big­-time athletics connected to their academic objectives. Perhaps one way is for universities to award degrees in athletics.
Feel free to head over there to read the whole thing and then to come back an offer any comments here. The article has 342 comments and counting and I've received dozens of emails and Tweets in response. Tomorrow I'll post up some of this reader mail.

Monday, September 12, 2016

NCAA Amateurism and the Olympic Exception

The manual for the NCAA which explains what it means to be an "amateur" athlete is starting to look like a block of Swiss cheese. One important exception (of many) to its amateurism rules prohibiting payment to athletes is for Operation Gold of the US Olympic Committee (The exception is found in NCAA Bylaws 12.1.2.1.5.1. and 12.1.2.1.5.2).

The USOC, like other national governing bodies, gives cash prizes to Olympic athletes for performance. The Gold Medal bonuses are shown above (via Yahoo via Fox Sports Australia), but there are also bonuses for Silver and Bronze.

USA Today explains what these bonuses mean for US swimmers in NCAA programs:
U.S. swimming star Katie Ledecky’s performance at the Rio Olympics netted her a total of $355,000 in medal awards that she will be able to keep while remaining eligible to compete for Stanford, USA TODAY Sports has learned.

Three other incoming or current college swimmers also ended up with six-figure amounts: California’s Ryan Murphy ($234,375) and Stanford’s Simone Manuel (nearly $200,000) and Indiana’s Lilly King ($134,375).
Overall, 17 US swimmers enrolled in NCAA programs took home about $1.5 million in prize money.

Within the USOC Operation Gold program, individual national sport governing bodies are free to augment the USOC awards. So, "Wrestler Kyle Snyder, now a junior at Ohio State, won a gold medal in Rio that gave him $250,000 -- $25,000 from the USOC, the remainder from USA Wrestling’s Living The Dream Medal Fund." No one, to my knowledge, has summarized the total prize money won by US and international NCAA athletes, but it is easily into the millions of dollars.

The NCAA allowed exceptions only for US athletes up to 2015, when it was expanded to allow the same exception for international athletes in NCAA programs. Singapore’s Joseph Schooling, who swims for the University of Texas, was no doubt pretty happy about that new rule after winning Gold in Rio and taking home about $750,000.

Operation Gold is in place not just during Olympic years, but every year. Here is a table for cash awards:
As the fine print says, national governing bodies for each sport can augment the awards with additional funds.

Last week NCAA president Mark Emmert said that the NCAA was going to take a close look at such prizes, based on Schooling's award. But the NCAA is in a tough spot, both legally and and from a PR perspective. Is Ledecky's haul OK but not Schooling's? Would the NCAA really want to discourage Olympic athletes from attending NCAA programs? Do they want to risk looking mean-spirited or just plain ridiculous?

When you take a closer look at the NCAA rules, you'll find that there are actually a bevy of awards available to athletes, and not just Olympic athletes, but big-time college football and basketball players as well.

As Judge Claudia Wilken explains of the NCAA in the context of the O'Bannon case (over rights to athlete name, image and likeness): "The association's current rules demonstrate that, even today, the NCAA does not necessarily adhere to a single definition of amateurism." I'd venture that the facade of amateurism will soon go the way that it did in the Olympics - into history.

Wednesday, September 7, 2016

FINA Advisers Resign, FINA Response Tortured

Last week, three members (of eight total) of the Doping Control Review Board of FINA, the international body that oversees swimming, resigned their position as advisers to the federation. They explain their resignation in a letter (seen in full below, click on to embiggen), in which they explain their decision.
The three advisers explain that in the wake of the findings of the McLaren report on systematic doping in Russian sport, FINA announced in 25 July that it would "conduct a review and issue a recommendation in respect to whether Russian athletes were subject to a reliable anti-doping scrutiny." The members of the DCRB follow up this announcement by providing to FINA leadership "criteria for the competent review of the adequacy of the anti-doping scrutiny to which the Russian competitors had been subjected."

Such criteria are analogous to those criteria developed and implemented by the IAAF in advance of Rio, leading to the banning of all but one Russian from Rio. The three advisers claim that FINA ignored both its own public commitment to review and recommendation, and along with it, the advice of the the DCRB. The advisers only learned of which Russian swimmers were deemed eligible by watching the games.

For its part, FINA has responded by pretending as if its commitment to review and recommendation never occurred. In a press release issued after the resignations FINA explains:
Concerning the claims expressed in their resignation letter, FINA would like to clarify that the Olympic Games are an IOC event. For Rio 2016, the decision on the participation of the Russian athletes has been made by the CAS and the IOC. FINA fully respected and implemented their decisions.

In this very complex process, FINA did express the DCRB position but our International Federation was not the body ultimately deciding the outcome on this matter.
This statement is patently false. After the IAAF developed its emergency criteria for the inclusion of Russian athletes in Rio, the IOC supported the IAAF procedure noting (emphasis added):
The IOC Executive Board, in a telephone conference today, emphasized that it fully respects the IAAF position. The eligibility of athletes in any international competition including the Olympic Games is a matter for the respective International Federation. 
FINA is simply wrong in its response to the resignations.

Here are those who resigned, as well as those who did not, courtesy SwimVortex:

Who resigned:
  • Prof. Dr. Andrew Pipe (CAN)
  • Dr Larry Bowers (USA)
  • Dr Susan White (AUS)
Who remains:
  • Dr. Jordi Segura (ESP)
  • Pieter Van de Merwe (RSA)
  • Willem L. Mosterd (NED)
  • Jose Veloso Fernandez (VEN)
  • Jian Zhao (CHN) 
That 5 members chose not to resign is an interesting as the three members who did. (Would make a good follow up, reporters, hint, hint;-)

According to Swim Vortex, Cornel Marulescu, Executive Director of FINA, once said, "You cannot condemn the stars for a minor doping offence." In FINA, that perspective is apparently not just culture, it is policy.

Tuesday, September 6, 2016

Stefan Szymanski to Speak at CU Sports Governance Center

Sports Governance Lessons from Europe

Professor Stefan Szymanski
University of Michigan

3:00PM, 9 September 2016
Large Auditorium, Champions Center
Sports Governance Center
Department of Athletics
University of Colorado, Boulder

Most governing bodies in international sport are based in Europe. The sports that they oversee make most of the money from commercial activities in Europe. This also means that they are subject to the antitrust laws of the European Union (EU). In the past legal issues in relation to sports in the EU have generally been on similar lines to those in the US. For example, restraints on the freedom of movement of players between teams can be justified by league policies intended to maintain competitive balance among teams within a league. The European authorities have tended to give governing bodies a good deal of leeway to run their sport. The recent scandals surrounding FIFA have provoked a debate within the European Commission surrounding the appropriate antitrust policy towards governing bodies, as autonomy and special treatment have been called into question. This presentation explains the issues and suggests a way forward.

Stefan is a Co-Director in the Michigan Centre for Sport Management, University of Michigan. He is recognized as one the world’s leading and most influential sports economists. He has published widely in the academic press on issues relating to the incentives in contests, competitive balance in sports leagues, the business strategy of football and other sports, the sale of broadcast rights, the role of competition law, public subsidies major sporting events, well-being and sports policy, and the economic history of sport. He has advised governments, sport governing bodies and clubs on various economic issues. He has written in the media on business issues relating to football, cricket and the Olympics among others. In addition to Why England Lose & Other Curious Football Phenomena Explained (with Simon Kuper), he has recently co-authored Fans of the World Unite! A (Capitalist) Manifesto for Sports Consumers (with Steve Ross, Stanford University Press), and authored Playbooks and Checkbooks: An Introduction to the Economics of Modern Sports.

Thursday, September 1, 2016

Further Reading: First Daily Camera Column

My first column appeared this week in the Boulder Daily Camera, our local paper. In it I explained why college football games occur on Saturdays and the NFL on Sundays. The answer, of course, is government regulation.

I will follow up my column with more details and further readings, for those who might want to dig a little deeper. A few of my future columns will require some background that I won't be able to get into the piece, such as on the Byzantine world of campus budgeting.

Here is an excellent paper on the history of the Sports Broadcasting Act (SBA) of 1961, and an excerpt on the origins of that law:
Goodman, B. T. (1995). Sports Broadcasting Act: As Anachronistic as the Dumont Network, The Seton Hall Journal of Sport Law, 5:469-507.

In 1960, the American Football League, a rival to the NFL, was formed, and its eight teams
immediately pooled their television rights and entered into a contract with NBC, thus ensuring each club annual television revenues of approximately $212,000. In response to the AFL-NBC deal, and in an attempt to rectify the disparity in television revenues among themselves, the 14 NFL clubs agreed to pool their television rights and share the profits.' The resulting $4.6 million deal with CBS would have produced $332,000 annually for each team, but Judge Grim held that the contract - a "basic change" in the NFL's television policy - violated the earlier 1953 judgment. Since the deal gave CBS "the right to determine, entirely within its own discretion without consulting the Commissioner or any club... which games shall be telecast and where such games be televised," Judge Grim ruled that it unfairly restricted the rights of the individual clubs.'

The NFL, immediately ran to Congress, which lent a sympathetic ear. Acknowledging an "apparent inequity," - the AFL and other non-football leagues were free to package their television rights but the NFL was under court order not to do so' - Congress passed the Sports Broadcasting Act, which exempted from federal antitrust laws agreements among member clubs of professional sports leagues to pool and sell as a package the rights to televise their games.
Details on the Saturday/Sunday gerrymandering are explained in a post at the Tulane Sports Law program:
The SBA prevents NFL broadcasts from competing with college football attendance by removing the antitrust exemption granted in section 1291 when the NFL broadcasts games at times when college games are typically played. If the NFL and its broadcast partners were to televise any of the games sold in the pooled packages during the prohibited time frame, they would risk treble damages in the event those pooled packages are held to be in violation of antitrust laws.

Specifically, the antitrust exemption granted in section 1291 does not apply to any professional football game televised (1) between the hours of 6 pm Friday and 12 am Sunday, (2) beginning on the second Friday in September and ending on the second Saturday in December. 
In the movie Concussion, starring Will Smith as Dr. Bennet Omalu, there is a dramatic passage where Omalu is warned of taking on the NFL. The NFL, Omalu is told, is the only corporation that owns a day of the week.

That exchange is dramatic, but it is incorrect. The NCAA owns a day of the week (30 hours to be precise). The NFL in fact owns the other 6.

Tuesday, August 30, 2016

EPO Deaths as Urban Legend?

On Twitter, Dr. Michael Joyner asks the question above. Are oft-repeated stories of an epidemic of EPO-related deaths just urban legend or is there some substance to them?

In 2011, Professor Bernat López took a close look at the claims of an EPO death epidemic based on a review of deaths of elite cyclists in the late 1980s and early 1990s. Here is what he concluded:
The available evidence rather suggests that this series of deaths has been artificially concocted and even inflated in absolute terms and, most importantly, that it is highly improbable that EPO had anything to do with these cases, principally because there is very little, if any, scientific evidence that EPO causes sudden death. It should therefore be considered more of a myth or an invention than a historical fact. A myth which in the last years has played a central role in the ‘scaremongering tactics’ of the anti-doping campaigners, who until the early 1990s were rather short of casualties that might be attributed to doping ‘abuse’. In this sense, EPO could be labelled as the drug of mass destruction in the war on doping.

A total of 61 academic and journalistic texts have been reviewed that mention these deaths. My own research has recorded 17 sudden deaths among cyclists being reported in the six years between 1987 and 1992, including 9 Dutch and 6 Belgians. I have argued that, given the lack of statistical reliability of these data and the ‘Dutch and Belgian’ bias resulting from the news focus of the time and the search premises themselves, it cannot be reasonably said that they constitute a ‘suspicious statistical aberration’. But even if awarded credibility, this idea can be refuted after a comparison with data from other, statistically-based studies on sudden death in athletes.

Arguably, then, what has really been going on here is a double process of invention. One invention concerns the achievement of a ‘suspicious’ statistical series of deaths through the aggregation of isolated cases from two different countries during an elastic time span. The second one consists in isolating EPO as a ‘key suspect’ on the basis that it began to be released by the time this ‘spate of deaths’ was taking place. No further evidence is brought forward other than this coincidence and the common-sense-based contention that if EPO thickens the blood, too much thick blood ‘will kill you’. When going into more detail, most of the experts sustaining these theories explain that EPO abuse might cause blood clotting, hyperviscosity and hypertension, which would provoke fatal heart strokes or embolisms. But the truly scientific literature, the one based on experimental case studies, reviewed in this research does not support these claims.

López, B. (2011). The invention of a ‘drug of mass destruction’: Deconstructing the EPO myth. Sport in history, 31(1), 84-109.
What is going on here? The pattern appear to be an example of what Norwegian researcher Ole Bjørn Rekdal calls an "academic urban legend." He writes:
Many of the messages presented in respectable scientific publications are, in fact, based on various forms of rumors. Some of these rumors appear so frequently, and in such complex, colorful, and entertaining ways that we can think of them as academic urban legends. The explanation for this phenomenon is usually that authors have lazily, sloppily, or fraudulently employed sources, and peer reviewers and editors have not discovered these weaknesses in the manuscripts during evaluation. 
 López suggests that the EPO myth is also a convenient one for anti-doping agencies. However, as Paul Dimeo has written about the myth of Knud Jensen:
WADA holds itself out as being a bastion of ethics, promoting health and fair play, protecting athletes, and tackling unethical behaviour. The way in which Knud Enemark Jensen has been treated since 1960 and the contemporary refusal to redress that mistake (now that we have a revisionist perspective) undermine the essential qualities about humanity and sport that the anti-doping movement claims to uphold and promote.

It casts a shadow over WADA’s reputation, and that of the previous generation of anti-doping doctors, authors and academics. Any movement becomes compromised if its acolytes come to imagine the cause to be greater than the individuals and when they are prepared to undermine their own ideals in order to make a point.
In anti-doping, evidence matters.

Friday, August 26, 2016

Brilliant Rio Wrap from the BBC

University of Washington Investigating Ellenbogen, NFL and COI

I'm late to this, but it is worth noting. Last month the University of Washington announced that it was investigating Richard Ellenbogen, co-chairman of the NFL’s Head, Neck and Spine Committee and chairman of UW’s Department of Neurological Surgery, according to the Seattle Times:
The University of Washington has formed a special committee to investigate claims made in a congressional report that Dr. Richard Ellenbogen, chairman of UW’s Department of Neurological Surgery, tried to influence a major research study on football and brain injuries.

Ellenbogen also serves as chairman of the NFL’s Head, Neck and Spine Committee, and Congress named him one of the NFL’s “primary advocates” in an effort to strip a $16 million grant from a Boston University researcher who had been critical of the NFL, according to ESPN.

Ellenbogen had been part of a different group that made a failed bid for the $16 million grant from the National Institutes of Health, according to the congressional report.

“Dr. Ellenbogen is a primary example of the conflicts of interest between his role as a researcher and his role as an NFL advisor,” the report read.
I discussed this situation back in May. The only thing really surprising about this case is that it took so long for the university to look into it. Lots of money at issue here, and UW is not without its own conflicts.

Stay tuned.

Tuesday, August 23, 2016

Phelps and Ledecky Drafted into Brexit Campaign

Sport and politics are overlapping categories. The latest example, a silly one, but instructive nonetheless, comes from several passive-aggressive Tweets from the European Parliament and a UK member of parliament.

First, the European Parliament official Twitter feed sent out this:
That was soon followed by this Tweet from British MP, Heather Wheeler of the Conservative Party.
Wheeler's Tweet prompted a lot of reaction, summarized by the BBC.

An interesting side note is that Wheeler's tabulation of medals includes what appears to be the British North American colonies, which became the original 13 US states. OK. These include Maryland, which by itself accounted for 23 medals in Rio (18G, 4S, 1B).  I'm not sure how Michael Phelps or Katie Ledecky feel about being drafted into the British Commonwealth in support of Brexit, but that is how politics works.

Another side note: The original 13 states accounted for 74 total medals meaning that MP Wheller needed the US medals to get a count greater that that of the EU.
  • EU = 325 medals
  • British Empire (with US states) = 396
  • British Empire (minus US states) = 322
Perhaps MP Wheeler was sending a hidden message that to succeed, Brexit needs the US to prop it up?

Monday, August 22, 2016

Calling Time Out on the Team Time Trial

This is a guest post from The Outer Line.

Pro cycling’s association of teams, the Association International des Groupes Cyclistes Professionels (AIGCP), recently issued a strong rebuke to the sport’s ruling body – the UCI.  Generally fed up with the pace of reforms and with the economic pressures they face in trying to field teams for all of the WorldTour’s far-flung races, the teams voted to boycott the upcoming UCI World Team Time Trial (TTT) Championship in Doha, Qatar in September.

This potential walkout highlights the teams’ growing discontent with the UCI – specifically the expansion of the WorldTour calendar in future years – and the frustration of not having enough input in how they run their own businesses.  This is just one more contentious development in the fractured business world of pro cycling - and a threat which may not hold anyway - but the teams have a legitimate beef here.  They are rightly worried about how additional expenses may further hurt their ability to attract and keep the all-important sponsors - without which the whole sport would collapse.
As we have noted elsewhere, cycling’s tenuous hold on key sponsors is a central challenge to the future of the sport; it is in the interests of all stakeholders - particularly the UCI - to confront and address this challenge.  To read more about this specific issue, and broader issues it represents, click here.

Friday, August 19, 2016

Excerpts from The Edge in The Guardian

Over the past weeks I have been pretty busy with pre-publication stuff related to the Edge, which ships to readers tomorrow (Yay!). That means this blog has been a bit neglected. I expect to back to it next week.

Meantime, here are links to the three excerpts from the book whic have appear in the Guardian over the past month.

I also had a piece drawing from The Edge at the Sports Integrity Initiative, titled, Punishing Athletes for the Mistakes of Sports Administrators.

More to come, stay tuned!

Tuesday, August 16, 2016

Academics and Anti-Doping: A Commentary

A guest post by Steve Maxwell, from The Outer Line

After USA Cycling recently fired the anti-doping researcher Dr. Paul Dimeo of Stirling University, as the head of its anti-doping committee, the appropriate role of academia in elite sports governance has again been questioned. While some academic research in the anti-doping field may seem unconventional or disagreeable to everyday participants in sports, academia is nevertheless where new technologies, innovative approaches or radical restructuring of ideas often originate.  And there is an active and vocal community of scholars around the world studying the subject of anti-doping methods. While formal anti-doping policy continues to focus simply on catching the cheater, this academic research is beginning to utilize new data and modeling tools, in subject matter areas as diverse as public health and pharmaceutical manufacturing, to identify and suggest broader policy change.

Stopping the proliferation of cheating in sport is a goal no one in cycling would disagree with.  In the short-term, USAC’s decision to fully commit to and communicate zero-tolerance is an important statement for American cycling, and reinforces the organization’s public image.  At the same time however, academic researchers are trying to become more active in the actual sport – to leave their ivory tower and test ideas in the real world.  And for this process to work productively, says Dimeo, there needs to be an acceptance “that research requires objectivity, and objectivity requires freedom of expression.” Unfortunately, this is where academia and the real world sometimes collide – and with real-world consequences like those observed in the USAC-Dimeo conflict.

To read The Outer Line’s detailed overview and analysis of this situation – both in microcosm and in the big picture – please click here.

Monday, August 8, 2016

Me vs. Tucker on Testosterone Regulations

At the Mail on Sunday, Ross Tucker and I take opposite sides of a debate over whether Caster Semenya should be allowed to participate in the Rio Olympics. I take the YES side and Ross takes the NO. We each had about 300 words to make our cases.

Here are each of our pieces:
NO - Ross Tucker - Professor of Exercise Physiology 

Protecting the line dividing sportspeople into men's and women's competitions is essential for the integrity of women's sport.

Doing so using testosterone is logical and scientifically valid and should be reinstated. As it stands, Caster Semenya and other 'intersex' athletes benefit from an unfair advantage.

Testosterone has a profound effect on athletic performance and thus cannot be compared to any other physiological advantage elite athletes must possess to win.

Categories in sport exist for fairness and must be defended for competitive integrity. Consider boxing. In Rio, male boxers will compete in 10 weight categories. They 'protect' smaller boxers — and competitive equality.

This does not mean size is the only factor influencing performance, just that it is significant. Now consider women's sport and the enormous performance gap between elite men and women.

At least 8,000 men have run faster than every women's track athletics world record. Without the 'protection' of a women's category, women would disappear from most elite sport.

Why do men have this advantage? Testosterone. It directs development of the reproductive system, increases muscle mass and strength and reduces fat.

Testosterone is why boys and girls can play physical sports together at the age of 11 but cannot by 13. This is why, in seeking to defend the women's category for fairness, authorities identified testosterone as a measurable marker and set an upper limit for women with conditions that would elevate it.

It was to ensure fairness with a limit that was still three-fold higher than 99 per cent of women's testosterone levels. The defence of the category remains imperative for fairness for the majority of female athletes.

Ross Tucker is Professor of Exercise Physiology at the University of the Free State, South Africa. He has followed Semenya's career and studies limits to exercise performance.
And mine:
YES - Roger Pielke Jr, directs the Sports Governance Center at the University of Colorado

Caster Semenya looks strong. She runs fast. She is a woman. She has followed the rules. Of course she should run with women.

Here's why: For more than half a century sports officials have asked scientists to come up with a simple way to identify women for purposes of eligibility in competitions.

We've seen the use of visual inspections, chromosomal tests and, most recently, testosterone levels.
But it turns out human sexuality is not readily distinguished into two categories.

Instead, there is a spectrum, coloured in shades of grey. Distinguishing men's from women's categories means drawing a bright line across that spectrum.

Testosterone levels are associated with greater performance of most men over women and overlap almost completely with the male and female genders. Almost. And that is the problem.

Testosterone does not successfully distinguish in all cases. Because an individual's testosterone levels are not always readily available, athletics officials have provided criteria to help identify women who might be in violation of regulations.

These include physical characteristics associated with conventional notions of femininity. What was supposed to be a rule on biology became about judging female athletes on how men expect a woman to look.

If people want sport to be divided into high- and low-testosterone groups, that would be a practical way to divide sport by biological characteristics. But sport is divided into men's and women's categories.

And so long as being a man or woman is not entirely characterised by biology, sport must accept that biology alone will not always work to identify who fits where.

Roger Pielke Jr directs the Sports Governance Center at the University of Colorado. He is the author of The Edge: The War Against Cheating and Corruption in the Cutthroat World of Elite Sports.
Both Ross and I, and many others, will have plenty more to say on this topic in the coming weeks.

Sunday, August 7, 2016

The Women's 400IM, Again in 2016

Back in 2012 Chinese swimmer Ye Shi-Wen caused heads to turn by breaking the women's 400IM record, Last night, Hungary's  Katinka Hosszú broke Shi-Wen's record by just over 2 seconds. My Twitter feed saw some "Hmmms" pop up.

The graph above has been updated with the latest medal times. The version through 2012 also appears in The Edge.

After a big series of improved times by the, ahem, East Germans in the 1970s, there has been a steady decline in times since then. Better athletes? Better pool technology? Doping?  It is likely impossible to tease such factors apart.

One point worth highlighting: Since 2000 the men's world record for the 400IM has dropped by about 8 seconds and the women's by about 7 seconds. Whatever suspicions anyone wants to raise about the improvement in women's times, well they probably have to bring along the men as well.

The only change I'd make from my 2012 conclusion would be to rephrase it. Back then I said: "Did Ye Shiwen Dope? Evidence Says No." Today, I'd write: "Did Katinka Hosszú Dope? Evidence Does Not Say Yes." Such is sport in the 21st century.

Saturday, July 30, 2016

Final Russians at Rio Table

Above is my final tabulation of Russian athletes participating in the 2016 Rio Olympics. Here is a summary:

  • 276 total athletes approved (or 277 if one golfer is allowed, seems likely);
  • 112 athletes banned but most outside track & field and weightlifting have been replaced;
  • 25 of 27 federations participating;
  • Weightlifting and Athletics are banned (note: Athletics has 1 athlete, but I am calling it a ban);
The Russia Olympic delegation is reportedly the smallest since 1912. It is 160 athletes less than at London 2012, with most of that due to Athletics (-103), Basketball (-30, DNQ), Weightlifting (-10), Swimming (-6).

Bottom line: After all of the confusion and drama, Russia still has most of its athletes participating in almost all sports. Track and field and weightlifting are the notable exceptions. For TV viewers around the world - outside Russia of course - the Olympics will look much like they always have and the Russian doping episode will be a footnote.

Wednesday, July 27, 2016

Running Tab of Russians at Rio - Updated

UPDATED 28 July

Here is a scorecard I've been Tweeting the past two days to keep track of the number of Russian athletes who will be in Rio.

Bottom line as of today:
  • 251 Russians approved for Rio
  • ~294 maximum possible
  • 4 of 27 IFs yet to report
Reuters is reporting via Russian media that >250 Russian athletes have already been approved.

The AP has a similar tracker here, reporting that 208 Russians have been cleared. 

Russian media has reported the Weightlifting has been banned, though the IWF has not announced this, so they remain in the unknown category.

Wednesday, July 6, 2016

Guest Post: A Scorecard for Implementation of Recommendations of the UCI CIRC Report

[RP: This is a guest post by Steve Maxwell and Joel Harris. A longer version of this article was originally published at The Outer Line.]

Brian Cookson took over the UCI Presidency in late 2013, heralding a new direction in pro cycling, and proposing sweeping changes in the way that the sport was managed and overseen.  One of the key initiatives in Cookson’s early agenda was to create the Cycling Independent Reform Commission (CIRC) – a panel of independent experts to review the history of cycling, and make recommendations for cleaning up and better managing the sport in the future.

In February of 2015 the CIRC issued a 227-page report, which dealt primarily with a historical review and analysis of doping practices in the sport.  One of the three key objectives of the CIRC process — and the stated “main purpose” of the report — was “to provide recommendations for the future.”   In terms of this task, where the Commission had the greatest opportunity for positive impact, the report was unfortunately somewhat light.   The recommendations cover a mere 11 pages at the end of the report, and while some of them raised new and specific ideas, many were either self-evident, had already been proposed in far more detail elsewhere, or were overly broad and generalized.  Nevertheless, it is important to dig into these recommendations in more detail, and gauge where the sport is today.

There were 34 different individual recommendations in all, some of which were very broad and sweeping, while others were quite narrow and specific.  Some were immediate in nature, while others were much more generalized ideas that could only be gradually put in place over a number of years.

To simplify an initial assessment of progress, we focused primarily on several “Yes/No” and “Objectively Measurable” recommendations, which are relatively straight-forward and unambiguous.  We tracked public statements over the past three years, and the UCI also provided detailed responses to our questions about the status of individual recommendations. Our assessment and description of the progress to date on twelve specific recommendations is summarized in the following Table [RP: click to enlarge], and key highlights are discussed in more detail below.
In terms of the key anti-doping focus of the Report, the creation of a new “intelligence officer” and desk function (within the ostensibly independent Cycling Anti-Doping Foundation – CADF) is reportedly beginning to help in terms of the collection, analysis and coordination of anti-doping information from different sources.  The CADF also established a “whistleblower hotline” email address.   Night-time testing of suspected dopers has been made more universal.  New sharing and collective agreements have been signed with 12 different NADOs.  The UCI has generally ended conflicts with WADA and certain NADOs that simmered under Pat McQuaid’s reign.

The UCI has made improvements in the way it manages and executes the Athlete Biological Passport program.  The process and paperwork have been streamlined, and staff has been added to speed up the administrative aspects of the program.    This in turn has significantly reduced the number of cases that have been referred on to the Court of Arbitration for Sport (CAS). 

There have reportedly been significant transparency improvements in the UCI’s electoral process, and the adoption of term limits for the President.  A few weeks ago, the UCI announced significant revisions to its Code of Ethics. A much larger number of individuals, including UCI staff, consultants and event organizers will reportedly be covered by the terms of this new set of guidelines. In addition, the UCI suggests that the Ethics Commission will increasingly be staffed by expert professionals from outside of the sport.  

Significant progress has also been made in the controversial area of therapeutic usage exemptions (TUE).  All applications must now be approved by three independent experts, and the decision must be unanimous.  This stricter process is cutting down on unwarranted TUE applications – in a critical statistic, the UCI reports that TUEs actually granted have fallen from 239 in 2009 to just 24 in 2014 and only 13 in 2015.

In terms of other forms of cheating within the sport, the UCI has cranked up its focus on so-called “motorized doping” during the past six months.  

Progress is less certain in other key areas.  For example, the Report recommended that the UCI should strive to help facilitate the creation of a stronger riders union.  Although the UCI has “reconstituted” the largely dormant UCI Athletes’ Commission, its specific role and future impact is unclear.  It’s clear that a stronger voice for the riders is a critical issue – and one which will help shape the future of the sport.  

In summary, progress is being made on many of the more straightforward CIRC recommendations; Brian Cookson and his team should be commended for their accomplishments to date.  Indeed, compared to the problems being experienced by other international sports like soccer, track and field, and tennis, an argument can be made that cycling is ahead of the curve, and setting an example for how a troubled international sport can act to get its house in better order.

At the same time, there is a long road ahead.  While almost all of the CIRC recommendations were well-intended, many of them were maddeningly vague or simplistic – such as the calls for the UCI to “become more accountable” or to “improve the financial stability of the sport.” And there are numerous other challenges – above and beyond the CIRC recommendations – which are also crying out for more attention and focus.   Rider safety issues are currently at the forefront of concern.  The number of WorldTour teams is contracting, key sponsors are leaving the sport without replacement, races are falling off the calendar.  Even with the procedural and protocol improvements, many people believe that anti-doping efforts will not be truly independent as long as the CADF is housed within the UCI’s offices.  

We sympathize with the enormity of the challenges faced by the UCI, and acknowledge the complexity of initiating and implementing solutions in road racing while simultaneously overseeing 7 other disciplines.  We also acknowledge the overwhelming power and control exerted over pro cycling by ASO – and the consequent constraints which this also places on the UCI’s ability to institute real change or embark upon new directions which may be optimal for the overall sport in the long-term.  (However, as we have discussed in detail elsewhere, this is a topic deserving of its own separate analysis because of the pervasive shadow it casts across all of cycling.)  But despite vague UCI proclamations about improvement in governance and economic conditions, progress remains frustratingly slow in many broader but critical areas.  We all want to see progress towards addressing these broader challenges, but until they can be broken down into more specific, bite-size and actionable steps, it will be difficult to either make or verify actual progress.  (Several specific ideas for these types of more tactical and actionable steps are discussed here and here.)

As Cookson approaches the end of his third year in power, the sport is in a better place and progress is being made – but this is no time to rest on laurels, and the UCI must be careful not to gloss over its numerous broader challenges.   While it may be easier and often tempting to talk in generalities and platitudes – and to employ the now well-worn “evolution, not revolution” posture – only with a focus on more specific tactical steps and more effective progress metrics can the UCI continue moving the sport forward.