Lizzy Banks Demands Overhaul of Anti-Doping System After Ban Upheld

A Journey Through the Anti-Doping System

Lizzy Banks, a former British professional cyclist, has shared her deeply personal and challenging experience with anti-doping authorities. Her story highlights the complexities and frustrations that athletes can face when dealing with these regulatory bodies. After an almost two-year battle, her suspension was upheld, leading her to reflect on the need for significant changes within the system.

Banks, who retired last year, received an adverse analytical finding in July 2023, which revealed traces of chlortalidone, a diuretic, in her system. Through extensive medical research, she was able to convince the UK Anti-Doping Agency (UKAD) that the substance had entered her system through contamination. This led to a "no fault or negligence" ruling. However, the World Anti-Doping Agency (WADA) appealed the decision, and the case was taken to the Court of Arbitration for Sport (CAS), which ultimately ruled in favor of WADA.

In a detailed 13,000-word blog post, Banks expressed her frustration with what she perceives as unequal treatment of athletes. She claims that her scientific arguments were mischaracterized, and the case law was applied harshly. "The odds felt so heavily stacked against me," she wrote, adding that she feels the system is "broken." Banks emphasized the difference between normal legal standards, where individuals are considered innocent until proven guilty, and the anti-doping system, where athletes are often presumed guilty until they prove their innocence.

A former medical school student and two-time Giro d’Italia stage winner, Banks initially convinced UKAD that her sample likely came from a contaminated tablet she took for asthma. She conducted extensive research, analyzed 15 years' worth of adverse findings for diuretics, spent thousands of pounds on medication testing, and underwent a hair test that showed no trace of chlortalidone before and after her positive sample.

Despite this evidence, a CAS panel ruled that Banks had failed to prove the source of the contamination. She argued that it would have been impossible, as the tablet had already been consumed and no longer existed. "What they did was change the burden of proof from 'the balance of possibilities' to, not even beyond reasonable doubt, but absolute certainty. That’s just not what the rules say," Banks stated.

The CAS hearing took place last December, and during the proceedings, WADA submitted new materials as evidence. Banks recounted that WADA's lawyers were "openly making jokes amongst themselves and laughing with each other," describing the day as "one of the worst days of my life."

WADA responded to these claims by stating that they did not make light of Banks' case. They emphasized that they diligently prosecuted the appeal based on the facts and in compliance with the rules, with the assistance of external counsel, and were ultimately successful before the CAS.

For Banks, the entire process has felt "so bitterly unfair." She described the experience as not aligning with the rules, being disproportionate, and lacking fair play and equal treatment of all athletes. She also mentioned that some of the things said about her were "horrible," adding that the ordeal left her in a difficult mental state.

In a previous blog post, Banks revealed that the experience had led her to suicidal thoughts. She has since been unable to work and described the two-year process as "psychological torture" that has "sucked the life and happiness from me."

Following the CAS ruling, Banks had to launch a further appeal to have her suspension backdated to the day of her original anti-doping control, which took an additional three months. "Every step of this process has been a battle," she told Cycling Weekly. "It’s not just the result that’s been so disappointing, but every aspect of the process."

Her two-year period of ineligibility ended on 10 May, marking the conclusion of the saga. While Banks is still able to appeal the CAS ruling, she must do so before the Swiss Federal Court. "I desperately want and need to move on from this now, to put this torrid chapter to bed, forever," she wrote in her blog post. "To try to rebuild my health and career, to be able to work again and to rediscover the person I used to be."

Banks is now calling on anti-doping authorities and members of the sporting community to support her stance that "something has to change." She advocates for the rules to be updated and modernized to reflect the scientific reality of contamination. She also believes the system needs to be overhauled, with more specific clarity on what exactly "identifying the source of the positive test" entails. Additionally, she suggests that the CAS should have an external regulator and a clear line of case law.

British Cycling acknowledged the emotional toll of the process, stating that it has been confusing, emotionally torturous, and at times lacked the levels of clarity and empathy expected from anti-doping authorities.

WADA reiterated its commitment to upholding the principle of strict liability, emphasizing its importance in maintaining fairness in sport. They noted that the CAS panel observed the duty to apply the rules, which were enacted to safeguard the important principle of ensuring a level playing field and fairness to all athletes.

Banks's 13,000-word blog post offers a comprehensive look into her journey and the challenges she faced. It serves as a call to action for reform within the anti-doping system, urging authorities to consider the realities of contamination and the need for a more equitable approach.