This is a situation of strict liability. In other words, whether it was intentional or not, is not the issue. She tested positive--game over.
The burden is on the athlete. You know that you could lose endorsements, an olympic spot, etc. So you have to decide, do I assume the risk and do x,y or z.
Here is an example--dog bite laws. Many states have them-dog bites--no matter why--you the owner must pay the damages. It is a strict liability law. So Fido could be cute as a button, but he bites, you are strictly liable.
Same here for Hardy--she failed the test. Whatever the limit was, she went above it. How it got there--IT IS HER OBLIGATION TO MAKE SURE IT DID NOT.
Clen cannot be present in a horse on race day. It is not to be used in the US for humans. Yet, somehow, it was in Hardy's urine.
As far as I am concerned, it was her responsibility to make sure it did not get into her body--her career depended on it. Somehow it got there. She is no longer challenging the results, which means she admits they are accurate.
Kirk is not on the team because of it (and I think she should have been placed on the team the second the positive was discovered as an alternate; and if JH should have prevailed, then fine tell Kirk she sits on the sidelines; other teams do it).
Hardy is strictly liable for anything she puts in her body. End of story.
This is a situation of strict liability. In other words, whether it was intentional or not, is not the issue. She tested positive--game over.
The burden is on the athlete. You know that you could lose endorsements, an olympic spot, etc. So you have to decide, do I assume the risk and do x,y or z.
Here is an example--dog bite laws. Many states have them-dog bites--no matter why--you the owner must pay the damages. It is a strict liability law. So Fido could be cute as a button, but he bites, you are strictly liable.
Same here for Hardy--she failed the test. Whatever the limit was, she went above it. How it got there--IT IS HER OBLIGATION TO MAKE SURE IT DID NOT.
Clen cannot be present in a horse on race day. It is not to be used in the US for humans. Yet, somehow, it was in Hardy's urine.
As far as I am concerned, it was her responsibility to make sure it did not get into her body--her career depended on it. Somehow it got there. She is no longer challenging the results, which means she admits they are accurate.
Kirk is not on the team because of it (and I think she should have been placed on the team the second the positive was discovered as an alternate; and if JH should have prevailed, then fine tell Kirk she sits on the sidelines; other teams do it).
Hardy is strictly liable for anything she puts in her body. End of story.
