A Long Road Ahead: The Oregon Project Decides to Quit the Race

By: Rachel Hanscom*

What is the Nike Oregon Project?

What was once considered the premier training facility for elite track and field athletes has now become a thorn in the side of Nike officers, and a distraction for athletes as they prepare for the 2020 Olympics.[1] The Nike Oregon Project launched in 2001 under the leadership of Alberto Salazar.[2] The goal of the project was to reinvigorate United States running, although the group eventually included runners from other counties such as Ethiopia and England.[3] The facilities at the Oregon Project were technologically progressive, and the training ultimately expanded to international athletes such as Mo Farah.[4]

Claims of Abuse and Doping

1.     The Accusations

Accusations regarding the Oregon Project, specifically the nature of Salazar’s methods and drug experimentation were raised in 2015.[5] These issues were raised by BBC and ProPublica writer David Epstein, who had previously and famously reported on the steroid use of baseball player Alex Rodriguez. [6] Their accusations included the story that Salazar ran testosterone experiments on his two sons within the Oregon Project facilities.[7] In response to these accusations, the U.S. Anti-Doping agency launched a formal investigation[8]  

2.     The Investigation

The U.S. Anti-Doping agency, in conjunction with the American Arbitration Association launched its investigation after the accusations surfaced.[9] As a part of the investigation, Salazar claimed that he tested the impact of testosterone on his two sons as a way to determine how difficult it could be for competitors to sabotage Oregon Project Athletes.[10] The panel stated that it accepted this defense, however, the panel also acknowledged that there was no “‘actual justification’ for the experiment, which also ‘could have been conducted as part of a nefarious attempt to 'beat' the testing system.’”[11] Importantly, the panel noted that there was no prescription for the testosterone, and it is concerning that a “reputable” training facility would so openly experiment with controlled substances.[12] In addition to the concerns regarding testosterone, the U.S. Anti-Doping Agency cited concerns with L-carnitine research, and administration, as well as tampering with potential evidence.[13]   

At the conclusion of this investigation, coach Alberto Salzar has been banned by the U.S. Anti-Doping Agency for four years.[14] The formal violations cited in the arbitration panel’s decision include “[a]dministration, [t]ampering and [t]rafficking.”[15] In the panel’s decision, it further indicated that permitting such activities would open the door for nefarious experimentation.[16] It is important to note, that the four-year ban is actually the lowest possible sanction for a first-time violation of this nature, and it was within the arbitration panel’s discretion to ban Salzar for life.[17]

The Fallout

The fallout and legal ramifications of the investigation and ultimate ban have been swift and impactful.[18] One of the most notable of which are the accusations elite runner Mary Cain has made regarding the Oregon Project and the abuse she allegedly suffered while she trained.[19] She also publicly stated her skepticism that Nike will not truly respond to her claims or the punishment set forth by the Anti-Doping Agency.[20] She specifically stated that "In track and field, Nike is all-powerful. . . . They control the top coaches, athletes, races, even the governing body. You can't just fire a coach and eliminate a program and pretend the problem is solved."[21] These claims by Cain have been echoed by other athletes, stating that the all-male staff of the Oregon Project often shamed female athletes.[22]

These claims echo the multiple lawsuits Nike has contended with in recent years regarding the male dominated culture at the company.[23] Although these lawsuits were not specifically a part of the Oregon Project, they may foreshadow future lawsuits the company needs to contend with, particularly as the fallout from the Salazar investigations continues to unravel.[24]

Furthermore, Nike CEO Mark Parker has announced that he will resign.[25] This announcement is in stark contrast to the comments he made only two years ago, where he stated that he intended to be the CEO “beyond 2020.”[26] Although the company claims that these allegations and lawsuits did not have any impact on Parker choosing to leave Nike, the timing does appear closely linked.[27] Finally, Nike has formally closed the Oregon Project, and athletes will continue their training and preparations for the 2020 Olympics elsewhere.[28] It is unclear what the long-term impacts of the actions taken by the Anti-Doping agency will be.[29]

*Staff Writer, Jeffrey S. Moorad Sports Law Journal, J.D. Candidate, May 2021, Villanova University Charles Widger School of Law.

[1] See Sean Ingle, Nike Oregon Project Shut Down After Alberto Salazar’s Four-Year Ban, The Guardian (Oct. 11, 2019), https://www.theguardian.com/sport/2019/oct/11/nike-oregon-project-shut-down-after-alberto-salazars-four-year-ban (providing overview of Oregon Project and its history).

[2] See Christa Sgobba, After Salazar Ban, Nike Shuts Down Oregon Project, Runner’s World (Oct. 11, 2019), https://www.runnersworld.com/news/a29432537/nike-shuts-down-oregon-project/ (describing history of Oregon Project).

[3] See id. (“The group eventually included runners from other countries, most notably four-time Olympic champion Mo Farah, who left the group in 2017. At this year’s worlds, Oregon Project member Sifan Hassan of the Netherlands won an unprecedented 1500-meter/10,000-meter double, and Yomif Kejelcha of Ethiopia took silver in the men’s 10,000.”).

[4] See id. (discussing elite nature of Oregon project).

[5] See Ingle, supra note 1 (“[I]n 2015 the BBC and Propublica raised serious questions about some of Salazar’s methods, including the use of the banned drug testosterone on his sons in a bizarre experiment. That sparked a formal investigation by the US Anti-Doping Agency, who last month announced that Salazar had been banned for ‘orchestrating and facilitating prohibited doping conduct.’”).

[6] See Taylor Dutch, David Epstein and BBC Investigate Nike Oregon Project, FloTrack (Jun. 3, 2015) https://www.flotrack.org/articles/5042440-david-epstein-and-bbc-investigate-nike-oregon-project (outlining initial investigation into Oregon Project).

[7] See Ingle, supra note 1 (explaining alleged testosterone experimentation and corresponding accusations).

[8] See id. (describing decision to investigate Salazar in response to accusations).

[9] See Matthew Kish, Panel Faults Nike for Allowing Testosterone Test at Company’s Headquarters, BizJournals (Oct. 1, 2019), https://www.bizjournals.com/portland/news/2019/10/01/panel-faults-nike-for-allowing-testosterone-test.html (providing overview of investigation process).

[10] See id. (“Salazar, who had a prescription for testosterone gel, rubbed the gel on the backs of each son after they had run on a treadmill in the research lab at Nike's headquarters.”).

[11] Id. (describing confusion and questionable nature of experiment).

[12] See id. (providing analysis of Anti-Doping Agencies decision making).

[13] See generally USADA v. Salazar, AAA Case No. 01-17-0004-0880, https://www.usada.org/wp-content/uploads/Salazar-AAA-Decision-1.pdf (providing overview of agencies analysis, claims, concerns, and decision making process).

[14] See id. (providing conclusion of claims against Salzar and Agencies ultimate decision).

[15] Id. (providing conclusion of claims against Salzar and Agencies ultimate decision).

[16] See Kish, supra note 9 (discussing potentially slippery slope).

[17] See USADA, AAA Case No. 01-17-0004-0880 (“The charges brought by USADA based on the Charging Letter, as adjudicated in this case, are all to be considered together as one single first violation. The most severe sanction for the violations considered as part of this first violation is a period of Ineligibility of four years to life.”).

[18] For further information regarding the ramifications of the investigation, see infra footnotes 19-27 and accompanying text.

[19] See generally Bill Chappell, Nike to Investigate Runner Mary Cain’s Claims of Abuse at its Oregon Project, NPR (Nov. 8, 2019), https://www.npr.org/2019/11/08/777542988/nike-to-investigate-mary-cains-claims-of-abuse-at-its-nike-oregon-project (providing overview of Mary Cain’s claims and response by Nike).

[20] See id. ("My worry is that Nike is merely going to rebrand the old program and put Alberto's old assistant coaches in charge.").

[21]Id. (outlining Cain’s concerns).

[22] See id. ("The list of runners who have stepped forward to support Cain includes Canadian distance runner Cameron Levins, a former Olympian and NCAA champion who trained in the Oregon Project.”).

[23] See Claire Duffy, Mark Parker to Step Down as Nike CEO After 13 Years, CNN Business (Oct. 23, 2019), https://www.cnn.com/2019/10/22/tech/mark-parker-nike-ceo/index.html (providing overview of resignation of Nike CEO Mark Parker).

[24] See id. (explaining Nike culture and highlighting potential for continued suits moving forward)

[25] See id. (discussing resignation of Nike CEO).

[26] See id. (outlining contrasting information regarding Parker’s employment).

[27] See id. (providing timing of departure).

[28] See id. (“During his tenure, Parker also faced multiple incidents that raised and concerns over the culture of his company, including alleged pay discrimination against female employees and backlash over its treatment of pregnant professional athletes.”).

[29] See Duffy, supra note 23 (addressing uncertainty regarding future of project).