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The CAS holds his fate, and the faith of cycling fans, in their hands (Photo: Sportsagency.dk)

Alex Rasmussen is alleged to have committed three “whereabouts” violations in 18 months, a charge he does not contest. Two violations were with Anti-Doping Denmark (ADD) and the third was with the UCI. He was provisionally suspended, pending a hearing before the Danish Federation, who eventually dismissed the charge. The reasoning was due to the UCI’s failure to follow standard protocol in notifying the accused athlete in accordance with the WADA code, which mandates that notification of a violation must be done within 14 days. The UCI did not notify Rasmussen until 10 weeks later in his case. Even when faced with this embarrassment the UCI still decided to appeal the case to the CAS. It was recently reported that the UCI acknowledges their mistake but still wants Rasmussen suspended for two years (maximum penalty) regardless. Essentially they believe they should be exempt from the same rules to which WADA, the world’s ultimate anti-doping authority, holds their athletes.  This arrogance is shameful and disrespectful to athletes and fans.

Rules don’t apply to one side, they apply to everyone

The WADA code is the ultimate law of the land in relation to anti-doping, and all sports are required to follow their rules. Athletes are held to these rules, but also to those of their respective sport’s governing bodies – which in cycling is the UCI.  Both sides in this case acknowledge they violated the rules and Rasmussen provided reasons for his violations, but has the UCI done so? No, they have not. Rasmussen acknowledges that he should be punished for his mistakes and accepts full responsibility for them, but does the UCI acknowledge their blatant violation of the WADA code in the same respect that Rasmussen has? No, they have not.

The UCI is appealing their case because they are hoping that the CAS will essentially give them a do-over in this case. In my opinion, the UCI and Pat McQuaid are hoping that the CAS will officially hold that they are above the law, in this case the WADA code. The rationale here appears to be that they do not need to be held accountable in the same way they expect athletes to be when they do not follow the rules. This arrogance is shameful, disgusting and a slap in the face to standard legal principles of fairness and ethics. It goes back to the age-old question of “Who holds the rule enforcers accountable?” If those who enforce the rules are not held accountable for violations they commit, then what incentive do they have not to violate those rules again if they are not held accountable by a higher authority?  If the UCI is not held accountable then there will be potentially devastating impacts on the rule of law in cycling and anti-doping enforcement.

The UCI must accept responsibility before any good can come from this case

If the CAS follows the WADA code then Alex Rasmussen will return to cycling, not through what many believe is a “technicality,” but rather via proper application of the code and rules of accountability. While some argue that Alex Rasmussen broke the rules, they refuse to acknowledge the UCI did as well, and should be held to the same accountability in following the WADA code. As someone with a background in law enforcement and studying legal cases in college, I cannot ignore the fact that rules are in place for a reason and they cannot be applied unequally or arbitrarily. They apply to everyone. The only way the UCI can be ultimately held to account for their violations is for the CAS to rule in favor of Alex Rasmussen and send a strong message to the UCI that if you are going to enforce the rules you MUST follow them yourself. I strongly believe that this will be the only way the UCI might restore their own credibility, and the best way to start is to accept the responsibility that they failed to follow the rules themselves and work to ensure it doesn’t happen again. The UCI appealing this case to the CAS and still demanding a full maximum suspension in light of their own admitted violations clearly indicates they are not ready to do the right thing and accept responsibility.

In closing: Cycling’s integrity is at stake here

The cycling world is faced with a dilemma. What to do when those who enforce the rules arrogantly expect to be exempt from the rules themselves before the high court of sport? Some believe that in the interest of anti-doping those violations by the UCI should be overlooked, but I cannot disagree more vehemently. If the UCI is not held accountable for their own violations, how can they have any integrity and credibility in enforcing the rules against those to which they expect adherence? I cannot see how that is possible.

I view integrity as doing the right thing even when it may demand that you might look bad and have to acknowledge your own mistakes. It’s honesty. Can cycling fans expect the UCI to enforce the rules against their athletes if they themselves believe they can be exempt from them? Cycling’s integrity is on the line with Alex Rasmussen, because if the CAS accepts that the UCI should be exempt from the same rules they expect of their athletes, they will lose whatever  shred of credibility they may have left. The best outcome in this case is that the CAS will affirm that no one, not even those who enforce them, are above the rules of our sport. The only way for that to happen is for Alex Rasmussen to be cleared by the CAS and allowed to race. Even though no one wants a guilty person to get away from punishment, it is better to let one guilty person free than to set the standard to allow an innocent rider be punished in the future. It will also serve as a stark reminder to the UCI that no one is exempt from following the rules, not even themselves.

Worst of the Week

Numero Cinco

Gary Fisher takes Lance-loving to new heights

Yes, Lance is a great athlete. Yes he’s talented. Blah, blah, blah. It has been a long time since I’ve been so very disappointed with a key individual in cycling such as Gary Fisher. The “Godfather of Mountain Biking” was silent on Lance issues during the pending investigation, but the moment he’s declared “clean” by a skewed American “justice” system, Fisher takes to the Twitterverse to do everything short of kissing Armstrong on the mouth. Miss the Lance Love -In? Check out Fisher’s timeline during the Panama 70.3 race and the fawning over TriStrong’s exploits. Even Bill Strickland, rumoured future Armstrong book collaborator, was more even-handed with his Lance tweets. C’mon Gary, you once were an industry outsider. You even appeared on Neil Browne’s TourChats show making jokes about Lance. You can turn in your “rebel” cap and don your Wall Street “Fat Cat” Corporate suit now. You’re no longer fooling us. Best tweet on the Gary’s newest crush on Tri? Check out Lava Magazine‘s Jay Prasuhn’s take on it here.

Numero Cuatro

RTBF picks up Cyclismas story about Liquigas being “detained” in Oman for “lewdness”

What's next for these boys, caning at dawn?

This is also one of my “Best of the Week” items, particularly because of the huge exposure it garnered for our website venture, but it sadly represents just where journalism has gone, and it’s not to the happy place.  Sigh. No phone calls to teams for a reaction. No calls to the UCI to confirm the McQuaid quotes. No emails to the Omani ambassador. Not even a follow-up for verification by colleagues or those who are familiar with our work. Why, even a quick bit of research on the photo would reveal that it was taken at the team training camp and not in Oman. I would continue, but our dear friend and sometime-collaborator Saddles perhaps summed it up best. Cheers @saddleblaze, and thank you for your two quid on the subject. And a tip of the hat to Matthew Price on his Broom Wagon blog for SBS for covering it, too. It took RTBF four days to take down the story in spite of comments and tweets alerting them to the mistake. But we screen-grabbed it for posterity. (See the original in French, below, in the Best section.)

Numero Tres

Kenny being handed “junior” World Champion kit caps off an embarrassing string of faux pas for yours truly

Shows just how much the UCI cares about the riders, eh? I’m sure someone named Enrico Carpani will be blamed as per usual. I felt sorry for Cookson, hope he didn’t feel too ashamed with the whole not-allowing-the-public-to-see-Kenny-handed-the-jersey debacle. Oh right, maybe the UCI didn’t want to get booed or embarassed over “kitgate.”

Numero Dos

UCI asks for two-year ban of Alex Rasmussen

Allegedly drunk and high over a multi-million dollar fine to Alberto Contador, a certain organization decides to push their luck and ban a young rider with a penchant for disorganization. Never mind the fact that the UCI was complicit in this. Nope, no sir, no sir. The organization is blameless, but refuses to have a consistent yardstick. Shocking. I’m sure Jonathan Vaughters is shaking his fist privately, and scheming how to throw a shot at the UCI during the upcoming AIGCP meeting.

Numero Uno

Pro-cycling scribes run, swim, and bike to triathlon coverage due to Lance’s involvement

C’mon people. Lance is gone from our charts. He’s swimming, he’s running, he’s cycling. Give it a rest. Let the poor ladies of triathlon suffer the Lance-vortex effect on the poor coverage of their side of the sport. Bicycling and VeloNews, don’t you have sister publications to cover the tri-tripe?  This isn’t PRO CYCLING news. Maybe if you’d quit giving media exposure to this so-called “narcissistic sociopath” we could all have closure and move on. Thank you.

Best of the Week

Number Five

RTBF picks up our Liquigas story as real

hahahahahahahahahahahahahahahahahahahahahahahahaha. ha. ha ha. ha. There, I think it’s out of my system. Wait, no, it’s not. Let’s look at it ONE MORE TIME!

hee hee

Number Four

Exergy expands their commitment to women’s cycling

The commitment shown by the Exergy company to women’s cycling is staggering and impressive. Idaho was the scene for a great women’s race up until 2003, and it’s marvelous to see them return a high-calibre women’s event to the state. The fact that Medalist Sports was picked to oversee the operation of the race was also a smart move, as they have proved time and time again that they have the kind of cycling experience to make this a first-class event.

Number Three

Another World Tour event for China?

Why is this on the Best list? Maybe now the riders, the team owners, and the federations will get together and collectively say that this sport is not being governed properly to the benefit of all. Only the few are benefitting from the moves by the top dogs in Aigle, along with their cronies. When will it stop? God might know, but he’s not saying. This latest move exposes a certain president and what drives him: Pure ego. Almost maniacal ego.

Number Two

Richard Moore on the career of Jan Ullrich

Moore has captured many fans’ feelings on the Jan Ullrich affair.  Ullrich apologized for his “mistakes” without admitting overtly to any doping. Can you blame him? If you compare the reaction to Armstrong with the vilification of Ullrich, it’s hardly fair at all. Ullrich played the part of athlete. Armstrong played the role of celebrity. While both did what they felt they needed to in order to maintain their place in the peloton, I think that Ullrich’s life after cycling is more authentic, real, and human than what we have seen from Lance “Never Tested Positive” Armstrong. Hats off to Moore, who writes with panache about the collective mindset towards the one-time Tour champion that is Ullrich.

Number One

A Brit takes the Tour of the Mediterranean, and he doesn’t ride for Team Sky

Kudos to the little British outfit known as Endura for seizing the moment at the Tour of Med, after being snubbed for years by the organizers. Not only did they perform, but their lead charge, John Teirnan Locke, won the overall. Now then, there are rumblings at home over this, but we’ll leave that for another day. No, we’ll stick to the fact that Brian Smith, David Harmon, and a host of others are absolutely beside themselves that Britons are performing superbly all over the world of cycling in the lead-up to a home summer Olympic Games. Sure, there’s Cav, but the depth of coverage and victories will ensure that grassroots cycling interest won’t dry up after the Cav era ends. Soon. Yep, you heard it here first, Cav will go through the wilderness in a fashion not unlike what Boonen went through. It’s inevitable.