The International Olympic Committee (IOC), International Skating Union (ISU) and the World Anti-Doping Agency (WADA) had appealed a decision by Russia’s Anti-Doping Agency’s (RUSADA) to lift a provisional suspension imposed on Valieva when news of the test came to light.
CAS said in a statement it had decided Valieva, 15, should be allowed to compete due to “exceptional circumstances,” including specific provisions linked to her status as a “protected person” under the World Anti-Doping Code, because she is a minor.
The clause allows “specific provisions for different standards of evidence and for lower sanctions.”
The CAS also noted Valieva did not test positive during the Winter Olympics. In making the decision the panel considered “fundamental principles of fairness, proportionality, irreparable harm,” the statement said.
It concluded “that preventing the athlete from competing at the Olympic Games would cause her irreparable harm in these circumstances.”
Alexander Gorshkov, president of the Figure Skating Federation of Russia, called the decision “a celebration of common sense and justice,” according to state media RIA Novosti.
But others voiced their opposition.
The head of the US Anti-Doping Agency (USADA) Travis Tygart said Russia had “hijacked the competition” and “stolen the moment from clean athletes.”
“For the sixth consecutive Olympic Games, Russia has hijacked the competition and stolen the moment from clean athletes and the public,” Tygart said in a statement obtained by CNN.
Sarah Hirshland, CEO, of the United States Olympic & Paralympic Committee (USOPC) said the group was “disappointed by the message this decision sends.”
“We know this case is not yet closed, and we call on everyone in the Olympic Movement to continue to fight for clean sport on behalf of athletes around the world,” she said in a statement.
Meanwhile, Global Athlete, a group that works for change in the sporting world, called for “immediate reform” to anti-doping systems.
“Doping and the trauma of a positive test pose grave physical and psychological risks to all athletes but especially to minors. It is unacceptable that these risks have been placed on a fifteen-year-old,” the athlete-led group said in a statement.
Favorite to win gold
Valieva’s next appearance in the Games is now expected Tuesday, when she’ll compete in the short program of the women’s singles competition, an event in which she’s the favorite to win gold.
The athlete plans to skate to the music “In Memoriam” by Kirill Richter and attempt a triple axel as well as a triple flip in her program. Last week, she became the first woman to land a quadruple jump at the Olympics — leaving fans clamoring for more.
Valieva is not the only person implicated in allegations of doping. As she’s a minor, the World Anti-Doping Agency (WADA) told CNN on Sunday the agency will investigate her entourage, as it’s required to do under World Anti-Doping Code.
“RUSADA (Russian Anti-Doping Agency) already indicated it had started that. We will ask our independent Intelligence and Investigations Dept to look into it as well,” WADA said in a statement.
The skater was already able to compete in the Games because the failed test only came to light after she helped the Russian Olympic Committee (ROC) win gold in the figure skating team event on Monday, February 7.
The CAS ruling only determined whether the figure skater can compete in Beijing, leaving the issue of the teams event gold medal to be decided at a later date, International Olympic Committee (IOC) spokesperson Mark Adams told reporters earlier in the day Monday.
“(The medals) will not be sorted out by this decision. That will probably not be sorted out during this Games,” Adams told reporters.
Addressing Valieva’s future prior to the announcement of the CAS decision, Adams said that the case against her will continue because it does not confirm or refute the doping charge and there will be an “on-going procedure.”
Adams also confirmed to CNN that if Valieva wins a place on the podium on Tuesday, it’s likely a medal ceremony will go ahead as planned, but that the medal could still be revoked at a later date.
How the controversy unfolded
Valieva returned the positive test during the Russian Figure Skating Championships in Saint Petersburg on December 25.
But the results weren’t reported by a Swedish laboratory until February 8 — one day after the ROC team won gold in the event in Beijing, according to the International Testing Agency (ITA).
Valieva was immediately given a provisional suspension by RUSADA, which automatically prohibits athletes from participating in all sports.
The figure skater challenged the suspension on February 9 and, at a hearing that same day, RUSADA lifted the provisional ban — allowing her to continue competing at the Olympics, according to the ITA.
Responding to the controversy, the ROC on Friday said Valieva had “repeatedly passed doping tests” while already in Beijing, adding that it is taking measures to keep Valieva’s “honestly won” gold.
“The doping test of an athlete who tested positive does not apply to the period of the Olympic Games. At the same time, the athlete repeatedly passed doping tests before and after December 25, 2021, including while already in Beijing during the figure skating tournament. All the results are negative,” the ROC statement said.
Speaking to reporters Monday, CAS director general Matthieu Reeb also pointed to the “untimely notification” of the positive test results, which were returned well outside the typical one week or 10 day time frame, as another complicating factor in the case.
“The late notification is extremely unfortunate, as it affects not only the athlete, but also the organizers of the Olympic Games,” Reeb said.
He noted that CAS was not requested to rule on the merits of the case or the legal consequences related to the results of the team event, “as such issues will be examined in other proceedings.”
CNN’s Selina Wang, Hannah Ritchie, Lizzy Yee, Wayne Sterling, George Ramsay, Duarte Mendonca and Uliana Pavlova contributed reporting.