In April 2016 the United States Anti-Doping Agency (USADA) reported an anti-doping rule violation against the Athlete after his sample tested positive for the prohibited substances: Amphetamine, Dehydrochlormethyltestosterone, Drostanolone and Mesterolone.
After notification a provisional suspension was ordered. The Athlete filed a statement with arguments in his defence and he was heard for the Commercial Arbitration Tribunal of the American Arbitration Association.
The Athlete argued that USADA does not have the authority to bring a case against him under the USADA Protocol and IWF Anti-Doping Policy regarding the results of the testing conducted on his sample collected at the Weightlifting event on 5 March 2016. Therefore the Panel should dismiss the case. The Athlete contended that in fact his sample was collected by USA Powerlifting (USAPL) and not by USADA, the applicable rule in this matter should be the USAPL Technical Rules, not those of the IWF.
USADA contended that in this case the IWF Anti-Doping Policy and the USADA Protocol apply to the Athlete. USADA explained that USA Weightlifitng (USAW) contracted with USAPL (which then subcontracted with the company Sportcheque) to collect the samples for testing at the event under USAW’s authority.
USADA argued that it is uncontested that the Athlete was a USA Weightlifting member on 5 March 2016 when his sample was collected at the weightlifting event under the IWF Rules. Also the Athlete expressly agreed to the IWF Anti-Doping Policy applying because his license agreement states that he agreed not to commit a doping violation as defined by the IWF.
Considering the circumstances in this case the Panel finds that the Athlete was not adequately informed by USAW about the USOC Policy or the USADA Protocol in the USAW Membership Form and is not subject to the results management authority of USADA in this case by virtue of signing that document.
The Panel establish that USAW was the organization that initiated the drug testing process, delegated sample collection to USAPL, and, when it received the results of the testing on the Athlete's sample, asked USADA to manage the results of such testing.
Although the Panel finds that USADA has results management authority in this instance, the Panel notes that USADA has barely met its burden of proof of doing so to the Panel's comfortable satisfaction in this regard. The Panel is of the view that United States athletes would be better served by having clear documentation implemented at each event sanctioned by an National Governing Body (NGB) and in the NGB membership application process that informs all athletes of the legal obligations they have and their rights to resolve any disputes arising thereunder; whether this responsibility lies with WADA, the IWF, the USOC, USAW, or USADA is something that is outside of this Panel's purview.
On 10 May 2017 the AAA Tribunal decides that:
1.) USADA has the authority to manage the results of the testing conducted on Respondent's sample that was collected at the 2016 Arnold Weightlifting Championships. Accordingly, arbitral jurisdiction is proper here.
2.) The Athlete shall not be responsible for any costs related to the testing or analysis conducted on his sample and that USADA shall bear any administrative costs related to the testing or management of Respondent's sample.
3.) The parties ordered to proceed to share their dates of availability over the next 30 days for the Panel to conduct a proper preliminary hearing to set a hearing date and the procedural order for the case.
Hereafter on 31 May 2017 USADA announced that the Athlete Robert Dosterschill has accepted a 4 year period of ineligibility after testing positive for multiple prohibited substances.
