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Inside Maria Sharapova's CAS Appeal, Decision To Reduce Ban

Inside Maria Sharapova's CAS Appeal, Decision To Reduce Ban

  • Posted: Jan 01, 1970

The Court of Arbitration for Sport has issued its decision on Maria Sharapova’s appeal of her two-year suspension for an anti-doping violation incurred in January, reducing her suspension to 15 months. Sharapova will be allowed to return to the tour on April 26th, 2017.

Here’s what you need to know about the CAS decision, which can be read in full here.

How did Sharapova’s case get to CAS?

In June, a three-member independent tribunal appointed by the ITF handed Sharapova a two-year suspension, back-dated to the date of Sharapova’s first failed doping test in January at the Australian Open. The tribunal found that Sharapova’s violation, wherein she tested positive for Meldonium, a substance that was banned on January 1st of this year, was unintentional but that she bore “significant fault” for failing to “put in place an adequate system to check for changes made each year to the Prohibited List.”

In particular, the tribunal found Sharapova’s decision to delegate to her agent the task of checking her medication against WADA’s prohibited list unreasonable.

Said the tribunal:
“The contravention of the anti-doping rule was not intentional as Ms Sharapova did not appreciate that Mildronate contained a substance prohibited from 1 January 20I6.

“However she does bear sole responsibility for the contravention, and very significant fault, in failing to take any steps to check whether the continued use of this medicine was permissible. If she had not concealed her use of Mildronate from the anti-doping authorities, members of her own support team and the doctors whom she consulted, but had sought advice, then the contravention would have been avoided. She is the sole author of her misfortune.”

Under the tribunal’s ruling, Sharapova was eligible to return on January 25th, 2018. Sharapova appealed the decision to CAS in June and the case was heard in September in New York.

Maria Sharapova

What did CAS have to decide?

Sharapova requested that her suspension be reduced on the grounds that she bore “no significant fault” for her anti-doping violation. The ITF responded and requested the tribunal’s decision be upheld.

Based on the governing code and prior precedent, the question before CAS was two-fold:

1. What was Sharapova’s level of fault and, more specifically, did she bear “no significant fault” for her anti-doping violation?
2. If Sharapova bore no significant fault, meaning CAS could reduce her suspension at their discretion, what should that sanction be?

What does “no significant fault” mean?

According to the relevant code, “no significant fault” requires a player establish “that his/her Fault or negligence, when viewed in the totality of the circumstances and taking into account the criteria for No Fault or Negligence, was not significant in relationship to the AntiDoping Rule Violation.”

What did CAS find?

A three-person independent panel disagreed with the tribunal’s decision that Sharapova bore significant fault for her anti-doping violation. In coming to that conclusion, CAS ruled that Sharapova’s delegation of duties to her agent and agency was reasonable and that his dereliction of that duty should not be imputed on her for the purposes of determining fault. The ITF argued that it was unreasonable to delegate the duty to someone who was untrained and unqualified to monitor her anti-doping responsibilities. CAS disagreed, finding her agent and agency qualified for the task.

As CAS explained:

“Checking a substance against the Prohibited List is not an action for which specific anti-doping training is required. It is expected to be made, as a rule and under Article 3.1.2 of the TADP, by the player personally, and a player does not need to have scientific or medical expertise for such purpose. No standard in the WADC or otherwise raises such a high bar.

“Therefore, the delegation to Mr. Eisenbud, an expert sports agent, aware of the importance of the services rendered to the Player, and whose livelihood was dependent on the athletic success of the Player, was not precluded by any lack of scientific or medical qualification, openly recognized by Mr. Eisenbud himself. In other words, the Player chose a sufficiently qualified person as her delegate for the purposes of checking the Prohibited List.”

Having found Sharapova bore “no significant fault”, CAS then turned to the question of whether her suspension should be reduced. Though she bore “no significant fault”, CAS found she bore some degree of fault for failing to give adequate instruction or supervision over the process.

“The Player did not tell Mr. Eisenbud to check (and Mr. Eisenbud therefore did not check) whether Mildronate was only a “brand name” or indicated the ingredient of the product; she did not put him in touch with Dr. Skalny at the time she left the care of Dr. Skalny, but simply supplied Mr. Eisenbud with the names of the Skalny Products; she did not instruct Mr Eisenbud to consult the WADA, ITF or WTA website, to call the ITF “hot line”, to open the flash drive supplied with the “wallet card”, or even to read the emails received, opening the “links” therein contained. She simply passed the entire matter over to Mr Eisenbud, completely relying on him.

“In the same way, the Player did not establish any procedure to supervise and control the actions performed by Mr. Eisenbud in the discharge of the tasks he was expected to perform: no procedure for reporting or follow-up verification was established to make sure that Mr Eisenbud had actually discharged the duty, for instance, of checking year after year the Skalny Products towards the Prohibited List.

“Such circumstances show some degree of fault on the part of the Player, but they do not exclude altogether the possibility for the Player to invoke [“no significant fault”].

As a result, CAS looked at the totality of the circumstances and reduced Sharapova’s ban by nine months.

When can Sharapova return to tour?

The earliest date Sharapova can return to tour is April 26th, 2017. She may play at any event that starts after April 25th. That date coincides with the European clay court season, though notably the Porsche Tennis Grand Prix in Stuttgart, Germany begins on April 24th. She would ineligible for that event.

How will Sharapova compete on tour without a ranking?

Sharapova is currently ranked No.95 with 690 ranking points, all from the 2015 WTA Finals where she advanced to the semifinals. When she returns to the tour next year she will have zero points on her ranking, meaning she cannot gain direct entry into tour-level events.

However, as a former Grand Slam champion (and WTA Finals champion), by rule, she is allowed an unlimited number of wildcard nominations at WTA tour events. She can also build up her ranking on the ITF Circuit.

Are there any more appeals?

Barring a procedural error, CAS’s decision in the case is final.

All photos courtesy of Getty Images.

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Halep & Kvitova Light Up The Beijing Player Party

Halep & Kvitova Light Up The Beijing Player Party

  • Posted: Jan 01, 1970

BEIJING, China – The WTA’s biggest names were out in full force to celebrate the final Premier Mandatory event of the year at the China Open, but this was no average player party.

Angelique Kerber, Garbiñe Muguruza, Simona Halep, Petra Kvitova and Caroline Wozniacki were among the names to hit the Beijing National Stadium – the iconic “Bird’s Nest Stadium” that played host to the 2008 Olympics’ Opening Ceremony – and took part in the China Open gala celebration.

The gala also served as the kickoff to the Song Qingling Foundation, which works to promote the development of tennis among Chinese children and teenagers.

Click below to check out the best photos of the night, courtesy of Visual China Group!

China Open Player Party

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Beijing Tuesday: Kvitova & Halep Start

Beijing Tuesday: Kvitova & Halep Start

  • Posted: Jan 01, 1970

Wuhan champion Petra Kvitova opens her China Open account on Day 4, along with Simona Halep. Chris Oddo previews Tuesday’s key matchups in Beijing right here at wtatennis.com.

Tuesday

Second Round

[14] Petra Kvitova (CZE #11) vs. [Q] Wang Yafan (CHN # 143)
Head-to-head:
First meeting
Key Stat: Kvitova has lost five times to players ranked outside of the Top 100 since July of 2013.

A few days after triumphantly bagging her second Wuhan title, No.14-seeded Petra Kvitova will look to keep the momentum rolling in Beijing in her second-round tilt with Chinese wild card Wang Yafan. Kvitova has won 20 of her last 25 matches, and she’s finally sustaining the type of consistency that can move her back into the Top 10. But the 26-year-old warns that it isn’t going to be easy for her to maintain the jaw-dropping level she hit in Wuhan. “I need this kind of consistency all year, which to be honest, I don’t think I can really do that,” Kvitova said after pummeling Dominika Cibulkova for her 18th career title on Saturday in Wuhan. “I’m probably the player who has up and downs. Of course, I am going to try to be better in the downs. But I don’t really think that I can be consistent all season. I’m just how I am probably, and I can’t really change it.” Kvitova may have to accept a certain amount of deviation in form due to her reliance on power and precision rather than margin, but she’s just happy to have turned her season around with some sparkling tennis over the last two months. “I’m happy that my ups, they are really high, which I love of course,” she said. “The downs are very low, but that’s how it is.” Will Kvitova stay high in Beijing and keep her hopes for a late run at a Singapore slot alive? Or will she fall prey to inconsistency against an unknown Chinese commodity? Wang, 22, has claimed seven ITF titles but has never broken into the Top 100 on tour. That said, she defeated Ana Konjuh to qualify for the main draw and knocked off World No.72 Madison Brengle in straight sets to reach the second round.

Pick: Kvitova in two

[4] Simona Halep (ROU #5) vs. Yanina Wickmayer (BEL #56)
Head-to-head: Wickmayer leads, 3-1
Key Stat: Wickmayer has lost her last 16 sets against the Top 10.

Yanina Wickmayer takes a 3-1 lifetime record into her second-round battle with Simona Halep, but the Belgian earned each of those three wins more than three years ago, and Halep has become a vastly improved, elite player since then. Halep demonstrated her superiority over Wickmayer when they last met in 2015 at the Australian Open’s round of 16, defeating her in straight sets. It’s been a mixed back for Wickmayer since she claimed the Citi Open title in late July. Since then she’s lost six of eight and only recently regained her form. On Saturday Wickmayer blasted past Monica Puig, 6-2, 6-0, and she should be confident on the heels of that strong result. But Halep is fresh off a semifinal appearance at Wuhan and she has won 24 of her last 28 matches dating back to the first week of Wimbledon. Halep was handed a lopsided defeat by Petra Kvitova in the Wuhan semis, but the Romanian’s confidence hasn’t suffered because of it. “I played semis, the best result here in China,” she said last week. “I played good matches, good tennis. Even today I’m not negative. I cannot be. I played tough matches in the last months, and all were very, very good. So I’m okay.”

Pick: Halep in two

[13] Roberta Vinci (ITA #16) vs. Caroline Wozniacki (DEN #22)
Head-to-head: Wozniacki leads, 3-2
Key Stat: Wozniacki has won the last three hardcourt meetings against Vinci.

2010 Beijing champion Caroline Wozniacki has turned her season around in the span of a red-hot month. On Tuesday she’ll look to keep the good vibes rolling when she faces No.13-seeded Italian Roberta Vinci for a spot in the sweet 16. Vinci owns 23 hardcourt wins this season and she’s always a tough out on the surface, but Wozniacki has defeated the 33-year-old in all three of their meetings on hardcourts. Can Vinci use her eclectic style to throw Wozniacki’s game off saddle, or is Wozniacki, winner of 13 of her last 15 matches and six of her last seven deciders, simply too strong at this phase of the season to be denied?

Pick: Wozniacki in two

[11] Johanna Konta (GBR #14) vs. Timea Babos (HUN #26)
Head-to-head: Konta leads, 1-0
Key Stat: Babos is bidding for her 5th Top 20 win of 2016 on Tuesday.

Two players in the midst of breakout seasons will vie for a spot in the round of 16 on Tuesday, as Johanna Konta and Timea Babos meet for the second time and the first time in more than four years. Konta, ranked No.14 this week, was outside of the Top 200 when she first met Babos, who was then No.59. Four years later both players are firmly inside the Top 30 with Konta now knocking on the door of the Top 10 and entertaining hopes of making a last-ditch run at WTA Finals qualification. But Konta will have to hurry if she wants to make it to Singapore. She’s nearly 400 points behind No.8 Madison Keys on the RTS leaderboard and Beijing could be her only chance to make up the difference. Konta started her Asian swing with a quarterfinal performance at Wuhan last week, and she actually played Petra Kvitova pretty tough despite falling to the scorching-hot Czech in straight sets. Konta has won 18 of 23 matches since Wimbledon and continues to impress with her consistent level and supreme focus. The British No.1 doesn’t ever lack intensity or purpose on the court, and that should serve her well when she meets Babos, who is still learning to compete at the elite level and can go off the rails at times.

Pick: Konta in two

By the Numbers:
23 – All but three of Wozniacki’s 26 wins have come on hardcourts this season.
133 – Zhang Shuai’s ranking at this year’s Australian Open. The 27-year-old is currently the Chinese No.1, ranked at 36. She faces Alison Riske in second-round action on Tuesday.
4 – Previous champions remaining in the draw (Wozniacki, Kuznetsova, Radwanska and defending champion Muguruza).
0 – Number of successful China Open title defenses that have occurred. Garbiñe Muguruza is bidding to become the first.

WTA Finals: Get Your Tickets!

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Every Day Is National Taco Day For Serena Williams

Every Day Is National Taco Day For Serena Williams

  • Posted: Jan 01, 1970

If there’s one thing that Serena Williams probably loves more than winning, it’s tacos.

Despite holding a record-tying number of Grand Slam titles and consecutive weeks at the WTA’s top spot, it’s tacos – not trophies – that are on her mind all day, every day.

 Good thing for Serena that there’s a whole holiday dedicated to her favorite food: National Taco Day. But if you’re Serena Williams, clearly every day is National Taco Day.

Her love for tacos runs deep, as USA Today’s Nick McCarvel uncovered earlier this year.

Before she had her first taste of Grand Slam victory, Serena had already developed a taste for the delicious Mexican dish.

“I’m from Compton and there is a big mixture of cultures there,” Serena said before the US Open. “I grew up next to all of these Mexican families and we were close with them when I was little, we were friends. I think that’s where my love for tacos comes from.”

Serena's tacos  Serena's tacos
Whenever she’s not eating or thinking about tacos, Serena spends her free time lovingly photographing them for her Instagram account.

Serena’s been around the world and obviously has tried many a taco, but the quest for finding the perfect one is lifelong.

Happy National Taco Day, Serena!

Taco Talk With Serena:

Q: What’s your favorite taco place?

Q: Who makes the best taco?

“I make the best taco,” Serena claimed. “Or my sister Lyn. If you ever watch my Snapchat, you know I don’t talk about my taco recipes.”

“I don’t taco about it.”

Q: What’s your favorite kind of taco?

Serena's tacos

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To The Moon And Back: Cibulkova Could Book Pliskova & Radwanska's Tickets To Singapore

To The Moon And Back: Cibulkova Could Book Pliskova & Radwanska's Tickets To Singapore

  • Posted: Jan 01, 1970

Road to Singapore: Decided on the Moon?

On Tuesday we will travel to the Moon for the latest Road to Singapore scenarios as Johanna Konta (vs. Timea Babos), Dominika Cibulkova (vs Alizé Cornet) and Svetlana Kuznetsova (vs Misaki Doi) play consecutive matches on the Moon Court at the China Open.

If Cibulkova loses, Karolina Pliskova and Agnieszka Radwanska qualify for the BNP Paribas WTA Finals Singapore presented by SC Global.

If Konta AND Kuznetsova lose, Pliskova and Radwanska qualify.

Pliskova and Radwanska can qualify outright, regardless of any results by advancing to the quarterfinals this week in Beijing. On Tuesday, Pliskova plays Daria Kasatkina in a second round match, while Radwanska awaits the winner of Caroline Wozniacki vs Roberta Vinci in the third round.

Karolina Pliskova

SINGLES:

Qualified: Angelique Kerber, Serena Williams, Simona Halep

Next In Line (Current Top 8):

How can they qualify in Beijing ?

(note: Scenarios will change if those currently in the Top 8 advance)

Pliskova – qualifies by reaching QF OR

· Keys fails to reach 3r (QF if Pliskova advances to 2r) OR

· Konta nor Kuznetsova reach final*

*both are in the same half so only one of these is possible

Radwanska – qualifies by reaching QF OR

· Keys fails to reach QF OR

· Konta nor Kuznetsova reach final*

*both are in the same half so only one of these is possible

Muguruza –qualifies by reaching final

Cibulkova – qualifies by winning title

Keys – qualifies by winning title

It is mathematically possible for Kuznetsova to qualify this week by winning the Beijing title BUT this would depend on a 2r defeat for Cibulkova. It is no longer mathematically possible for Konta to qualify this week, even if she won the title

Currently No.9 to No.13 with points behind current projected cut-off (3257)

Barbora Strycova, Sania Mirza

DOUBLES

The Field Narrows

With early exits from Raquel Atawo / Abigail Spears and Xu Yi-Fan / Zheng Saisai, the picture for the final eight is beginning to become more clear. Sania Mirza & Barbora Strycova will play Gabriela Dabrowski & María José Martínez Sánchez in their opening match at the China Open on Tuesday on Court 8.

If Mirza/Strycova lose, Timea Babos / Yaroslava Shvedova, Andrea Hlavackova / Lucie Hradecka, and Hao-Ching Chan / Chan Yung-Jan all qualify for WTA Finals

If Mirza/Strycova AND Andreja Klepac / Katarina Srebotnik lose, the doubles field will be set as Babos/Shvedova, Hlavackova/Hradecka, Chan Sisters and Ka.Pliskova/Goerges will each qualify for the WTA Finals

QUALIFIED: Caroline Garcia / Kristina Mladenovic, Martina Hingis / Sania Mirza, Ekaterina Makarova / Elena Vesnina, Bethanie Mattek-Sands / Lucie Safarova

NEXT IN LINE:

Babos/Shvedova

3975

2r vs. Bacsinszky/Ostapenko

Hlavackova/Hradecka

3775

Lost 1r (Arruabarrena/Kalashnikova)

Chan/Chan

3760

1r bye, 2r vs. King/Niculescu

Goerges/Pliskova

3390

2r vs Hingis/Vandeweghe

How do they qualify in Beijing:

Babos/Shvedova qualify unless Mirza/Strycova win the Beijing title OR by reaching the Beijing SF

Hlavcakova/Hradecka qualify unless Mirza/Strycova reach Beijing final

Chan/Chan qualify unless Mirza/Strycova reach Beijing final OR by reaching the Beijing Final

Goerges/Pliskova qualify by advancing to the same round or better than Mirza/Strycova and if Klepac/Srebotnik don’t win Beijing title**

Remaining Teams in Possible Contention (points behind current cut-off)

Mirza/Strycova

-1005

Must reach at least QFs to stay in contention**

(same quarter as Goerges/Pliskova)

1r – bye; 2r vs Dabrowski/Martinez Sanchez

Klepac/Srebotnik

-1230

8that best, must win Beijing to stay in contention and Goerges/Pliskova do not reach SF

2r vs Arruabarrena/Kalashnikova

*this will change and require a better result if Goerges/Pliskova advance.

All photos courtesy of Getty Images.

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