Deck 13: Governance Issues and Participant Rights in Olympic Sport

Question 1

The IOC's regulatory decisions are final; however, it has agreed to submit disputed decisions for final arbitration to which of the following?

A) European Court of Justice (ECJ)
B) International Sport Court (ISC)
C) Court of Arbitration for Sport (CAS)
D) International Swiss Court of Justice (ISCJ)

Answer 1

C

Question 2

Which of the following documents codify the bylaws and regulations of the IOC and the IPC and govern the conduct of members of the Olympic and Paralympic Movements?

A) IOC Olympic Charter and IPC Handbook
B) IOC Constitution and IPC Code of Conduct
C) Ted Stevens Olympic and Amateur Sports Act
D) IOC Executive ByLaws and IPC Charter

Answer 2

A

Question 3

The major governance layers involved in the Olympic Movement include

A) International Olympic Committee
B) International Sports Federations
C) National Governing Bodies and National Organizing Committees
D) All of the above

Answer 3

D

Question 4

The United States revised and updated its governance structure in 2019 to fully integrate Paralympic sports into the Olympic Movement and expand inclusivity for Paralympic athletes which included which of the following

A) A separate entity, USPC (United States Paralympic Committee) was created to oversee Paralympic competition in the U.S.
B) Dispute resolution for Paralympic athletes was merged with Olympic arbitration procedures
C) Selection of athletes for Olympic and Paralympic teams was consolidated under the USOC umbrella
D) USOC was renamed to the USOPC (United States Olympic and Paralympic Committee)

Question 5

Courts generally have ruled that OASA preempts judicial review and does not provide for a private right of action for individuals, however, there are limited exceptions to this general rule including which of the following areas?

A) non-selection for the U.S. Olympic Team
B) Race, sex, and disability discrimination
C) Drug testing
D) B and C

Question 6

U.S. courts are willing to rule on whether the USOC or an American NGB does which of the following?

A) Follows its own rules
B) Provides appropriate due process
C) Was not arbitrary or capricious in applying its rules
D) All of the above

Question 7

Supreme Court precedent in San Francisco Arts & Athletics, Inc. v. USOC has enabled the USOC to bring trademark infringement claims against unauthorized users of the Olympic symbols without being required to show that the unauthorized use is which of the following?

A) Likely to cause consumer confusion
B) Licensed
C) A and B
D) None of the above

Question 8

In the Tonya Harding case, the U.S. District Court said that the U.S. Figure Skating Association had done which of the following?

A) Illogically presumed her innocence
B) Not imposed a severe enough penalty
C) Violated its own due process rule
D) Failed to impose strict liability

Question 9

The international federations (IFs), which have the authority to promulgate anti-doping and drug testing rules, have virtually all adopted a uniform anti-doping policy known as __________ operated by an independent agency known as_______________.

A) International Drug Testing Protocol and World Anti-Doping Agency (WADA)
B) World Anti-Doping Code and World Anti-Doping Agency (WADA)
C) Olympic Anti-Doping Policy and International Doping Agency (IDA)
D) International Anti-Doping Protocol and World Doping Consortium (WDC)

Question 10

In the Pistorius case, why did the Court of Arbitration for Sport (CAS) overturn the IAAF's decision declaring Pistorius ineligible to compete in IAAF-sanctioned track events due to his use of a prosthetic leg?

A) The IAAF had been procedurally unfair in its decision-making process
B) The IAAF had engaged in disability discrimination against Pistorius in contravention of the United Nations Convention on the Rights of Persons with Disabilities
C) The IAAF interpreted its own rule incorrectly and failed to meet its burden of proof
D) A and C

Question 11

The IOC has exclusive ownership of all rights to the organization, marketing, reproduction, and broadcasting of the Olympic Games.

Question 12

In general, NGBs and NOCs must comply with the regulations in the Olympic Charter, as well as the laws of their respective countries.

Question 13

CAS arbitration is neither final nor binding.

Question 14

The Amateur Sports Act grants exclusive authority to the IOC to resolve disputes involving American NGBs and athletes.

Question 15

The USOC and the American NGBs are not considered state actors, so constitutional protections of individual rights does not apply to their actions.

Question 16

The IOC's authority to determine which events will be included on the program for the Olympic Games has been challenged successfully several times in U.S. courts.

Question 17

The USOC and the other NOCs are responsible for protecting against the unauthorized use of Olympic trademarks in their respective countries.

Question 18

The CAS typically refuses to override "field of play" decisions made by Olympic judges/officials unless those decisions were made as a result of corruption, fraud, or arbitrariness, or in violation of the law.

Question 19

Rule 50 is intended to protect the global influence of sport and the Olympic Games and guarantees athletes the right to make political, religious, and ethnic demonstrations during Olympic competition.

Question 20

CAS generally applies a principle of presumed innocence with regard to a first positive drug test, and will not impose a penalty unless it is proven the athlete purposely took a banned substance

Question 21

Identify the major Olympic Movement Partners discussed in the chapter and describe their basic purposes.

Question 22

Identify the four different dispute resolution processes available under the auspices of CAS?

Question 23

Describe and explain the selection process currently used by the IOC to select host cities for the Olympic and Paralympic Games?

Question 24

Chapter 13 discusses the ways in which Olympic sport governing bodies regulate the behavior of participants in six areas. List and briefly describe three of these areas.

Question 25

Describe the organizational relationships among the IOC, the IFs, the NGBs, the NOCs, and the OCOGs, as well as their basic governance responsibilities.

Question 26

Explain the concept of strict liability typically imposed by the Court of Arbitration for Sport when an Olympic competitor tests positive for a banned substance. What does strict liability mean in this context? How does it affect the athlete? What happens if the CAS finds that the athlete did not intentionally engage in doping?