Mr Duane Ross is an American Athlete competing in the Men’s 110m hurdles even at the Athens 2004 Olympic Games.
In April 2010 the United States Anti-Doping Agency (USADA) reported to the International Olympic Committee (IOC) that USADA had received evidence, obtained during the BALCO conspiracy, that the Athlete “used banned performance enhancing drugs prior to November 2001 outside the eight-year limitations period and then used banned performance enhancing drugs within the limitations period during 2001, 2002 and 2003.”
Therefore USADA notified the Athlete on three separate occasions - on 2 November 2009, 16 December 2009 and 13 January 2010. The Athlete failed to respond.
On 5 February 2010, USADA publicly announced the Athlete’s anti-doping rule violation and sanction, consisting of:
(1.) a two-year suspension; and
(2.) disqualification of all results since 2 November 2001.
On 20 April 2010, USADA informed the IOC by email about the Athlete Duane Ross. USADA’s evidence is that he had used banned performance enhancing drugs prior to November 2001 outside the eight year limitations period and then used banned performance enhancing drugs within the limitations period during 2001, 2002 and 2003. Mr Ross did not accept a sanction, but USADA imposed a sanction and a loss of results on him from November 2001 due to his failure to respond to USADA’s charges against him. USADA had no specific information that Mr. Ross did or did not use banned performance enhancing drugs during the 2004 Olympic Games.
The IOC Disciplinary Commission deemed that the Athlete did not contested the USADA sanction of disqualification of all results since November 2001, which would include results obtained while competing at the Athens 2004 Olympic Games. The Disciplinary Commission further establish that under USADA rules, after notice and a certain amount of time, if the Athlete does not contest the sanctions, such sanctions are imposed. Therefore, based on the foregoing, the Disciplinary Commission concludes that the Athlete should be disqualified from the men’s 110m hurdles event at the Athens Olympic Games.
Therefore on 5 April 2011 the IOC Disciplinary Commission decides that the Athlete Duane Ross:
1.) be disqualified from the men’s 110m hurdles event in which he placed 5th in the semi-final heat at the 2004 Athens Olympic Games;
2.) the IAAF is requested to modify the results of the above-mentioned event accordingly and to consider any further action within its own competence.
3.) This decision shall enter into force immediately.
