– The entire presidency, which has a seat on the sports board, has been heavily involved in this issue, and quite specifically it was also briefed on the sports board in autumn 2020. This is how Kjøll answered last week to questions from news about when the sports board became aware of the anti-doping crisis – a particularly Norwegian interpretation of the law which prevent doping testing of top athletes under the age of 18. A situation which, in the worst case, could lead to Norwegian participants being refused participation in the championship, and that Norway could be refused to organize sports events. That statement has caused several people in the sports board to react. news is informed from several sources that things are simmering in the sports board, and that there is dissatisfaction with how this case has been handled. A number of the sports board members news has spoken to do not understand Kjøll’s statement. They claim that they have not been informed about the situation in the autumn of 2020, as Kjøll says in the interview with news. – Consent from supervisors for doping control of young top athletes between the ages of 15 and 18 has not, as far as I can think, been a matter of information or decision during the period I sat on the board, confirms Emilie Zakariassen Hansen. She was on the sports board when Kjøll claims to have informed about the matter. Hansen clarifies that she is speaking as a former board member, and not on behalf of Viken sports circle – where she also holds a position. The Norwegian anti-doping crisis In March 2018, a law firm at the urging of Anti-Doping Norway assessed whether it was legal to test minors without parental consent. The conclusion was no. Anti-doping Norway and the Norwegian Sports Confederation contact the Norwegian governing authorities to get their assessment of the section in question. In October 2019, the Ministry of Culture issued its statement. They agreed with the law firm that there is no legal basis in Norwegian law for doping testing minors without consent. The conclusion has led to the fact that no underage athletes have been tested for several years. Anders Solheim, head of Anti-Doping Norway, believes the situation is unjustifiable: – We do not want a sport where you can dope yourself until you are 18 – without taking a test. It provides an opportunity to cheat and gain an unfair advantage, he says. Anti-doping Norway and the Norwegian Sports Confederation want a regulation or a change in the law which means that young people between the ages of 15 and 18 can themselves give consent to testing. news first wrote about the problem in April 2021, but the problem was still not solved. In August 2022, news revealed that the lack of testing is a breach of WADA’s rules, and that it could have major consequences for Norwegian sport in a relatively short time. The governing authorities have said that they believe consent-based testing is successful, since WADA accepts solutions where the nations obtain long-term consent from their superiors. This is a solution Anti-doping Norway and NIF are fighting against: – If it is voluntary with consent, you can dope as much as you want. If consent is forced, where you must have the consent of your supervisor to participate, you will risk not getting that consent. You also run the risk that those who need to be in the sport will not get this consent, explains Solheim. In the meantime, Norway is unable to test minors in the third year, which means that talent can enter the top sport without having been tested for a long time. On 1 September, ADNO, NIF and the Ministry of Culture reached an interim solution. Responding to debate During a debate last week, Kjøll publicly stated that the sports board was informed in autumn 2020. She repeated the message in an interview right after the debate when news asked when the sports board was informed. UNDER PRESSURE: Berit Kjøll. Photo: Håkon Mosvold / NTB – Specifically about the seriousness of this case. We got to know her at the end of June, and the sports board got it at its first board meeting, which was just before the summer holidays. The organization was then also informed about open time, which is our usual procedure, right after our board meeting, Kjøll replied. news’s journalist pointed out that Kjøll did not answer what she was asked about, but Kjøll’s communications advisor broke in and said that was the final answer. After a bit of back and forth, it was okay to ask the question again: – When was the sports board informed about the case? In other words, the consent problem that they have known about since May 2019 anyway? – The entire presidency, which has a seat on the sports board, has been heavily involved in this issue, and quite specifically it was also briefed on the sports board in autumn 2020. So it is back then as we can see when we go into the documentation, she claimed. (See the session in the video window at the top of the case) Not mentioned in the minutes Both the agenda and the meeting minutes from the board meeting in question have been made public. It says nothing about the problem of testing minors – that is, the situation that has sent Norway straight into an inflamed anti-doping crisis. Instead, another anti-doping case was on the case list. A report from the meeting of the presidency the month before the board meeting in question shows that testing of minors and obtaining consent was a topic there. The presidency is a smaller forum consisting of the sports president, the two vice-presidents and the general secretary. Kjøll admits that she could have been clearer in her communication with the board. – The case related to the issue of consent for minors has not been raised as a separate issue in the sports board, but information related to testing of minors was given in a written report from a presidency meeting dated 7 September 2020 which was part of the board papers for the board meeting 15 . October 2020, Kjøll tells news, after being confronted with the debts. ABSTRACT: This document shows that the presidency was informed in autumn 2020. Photo: Screen dump – In the process of finding a solution, I see that the undersigned could have kept the sports board better informed, but my focus has been to contribute to finding a solution to the situation that has occurred, says Kjøll. Read the entire response to the sports president here. The answer to the sports president The topic of anti-doping has been widely discussed in the sports board throughout my board term. The case related to the issue of consent for minors has not been raised as a separate issue in the sports board, but information related to the testing of minors was given in a written report from a presidency meeting dated 7 September 2020 which was part of the board papers for the board meeting on 15. October 2020. At the same sports board meeting, on the basis of an oral explanation, the board made a decision that “The General Secretary will be asked to work to get a special law for anti-doping work in sport which both preserves the decision in case 13.16 from the sports council 2019 to work with criminal sanctions, and which legally regulates the anti-doping work in Norway in its entirety”. Such a special law also includes a legal basis for doping testing of minors. I acknowledge that the whole issue of special laws was very complex and each challenge linked to the issue of consent could probably have been raised as a separate briefing matter to the sports board. As a follow-up to the treatment and the sports board decision in the board, on 27 October 2020 a memorandum from NIF and ADNO was sent jointly to KUD in which the issue of consent was also mentioned as something that this special law should cover. The memo states, among other things, the following: “A law should, among other things: (..) Legislate for the testing of all athletes, including minors who are covered by the NIF’s anti-doping rules, under which their rights in connection with testing are regulated.” My main focus on behalf of Norway’s sports federation and Norwegian sports has been to take responsibility in collaboration with Antidoping Norway to help establish an intermediate solution in the case of testing of underage top athletes. At the same time, there must be no doubt that Antidoping Norway has legal grounds to test underage athletes and that they can adopt supplementary rules related to obtaining consent. Therefore, it has not been appropriate to promote this as a matter for decision in the sports board. In the process of finding a solution, I see that the undersigned could have kept the sports board better informed, but my focus has been to contribute to finding a solution to the situation that has arisen. That is why I am also happy that together we have found a good interim solution which will hopefully ensure that Antidoping Norway continues to be compliant with WADA’s regulations. At the same time, we keep up pressure on the governing authorities to get the long-term solution in place, which must mean that all athletes aged 15-18 are given independent consent competence to undergo doping tests. I respect that there may be different opinions about my leadership. Now a thorough review of the case and the complex of cases is planned for the sports board meeting on 20 September. This has also been announced by the sports board. To be taken up at the next board meeting Several mention that they wish to use the upcoming board meeting on 20 September to find out what has happened, who has found out what, and whether guidelines have been followed. Board member Ole Jørstad acknowledges that he has asked for the internal processing to be taken up at the next meeting. – So that there is no doubt about the processes of parental consent for athletes under the age of 18, I have asked the president and the general secretary to set up this matter for the next sports board meeting, so that we can see together what has happened, he says to news. Jørstad points out that this is an important matter for Sports Norway, and that there is still important work to be done, even if the parties have reached an interim solution. – The Norwegian Sports Confederation, Anti-Doping Norway and the Ministry of Culture must now do all they can to achieve a good permanent solution to this particular case, concludes Jørstad.
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