2016/A/4371 Robert Lea v. United States Anti-Doping Agency (USADA)
Related case:
AAA No. 01 15 0005 6647 USADA vs Robert Lea
January 5, 2016
On 5 January 2016 the American Arbitration Association (AAA) Commercial Arbitration Tribunal decided to impose a 16 month period of ineligibility on the Athlete Robert Lea after his sample tested positive for the prohibited substance noroxycodone (metabolite of oxycodone).
Hereafter in February 2016 the Athlete appealed the AAA decision of 5 January 2016 with the Court of Arbitration for Sport (CAS).
The Athlete requested for a reduced sanction and argued that USADA / AAA failed in rendering its decision: to follow the applicable WADA rules and regulations; to make proper assumptions; to assess the filed evidence; to impose a sanction that was consistent with recent sanctions.
The Athlete admitted that he had used prescribed Percocet for his athletic injuries and without intention to enhance his performance. He stated that the medication was used out of competition more than 12 hours before the next competition.
The CAS Panel determines that the totality of circumstances regarding the Athlete's positive in-competition test for a "low" amount of metabolites of oxycodone in an in-competition drug test is an "exceptional case" in which the "subjective elements are so significant that they move [him] not only to the extremity of a particular category, but also into a different category altogether."
While recognizing that Appellant is an experienced cyclist (10 years as professional) with a history of receiving and having access to extensive drug education who did not disclose his usage of Percocet the evening of 7 August 2015 in his 8 August 2015 USADA Doping Control Form, the Panel concludes that application of the subjective mitigating factors justify moving him into the "light degree of fault" category.
Therefore the Court of Arbitration for Sport rules that:
1.) The appeal filed on 29 December 2015 by Mr Robert Lea against the 15 December 2015 Award rendered by the American Arbitration Association/North American Court of Arbitration for Sport Panel is partially upheld.
2.) The period of ineligibility imposed on Mr Robert Lea by the 15 December 2015 Award rendered by the American Arbitration Association/North American Court of Arbitration for Sport Panel is reduced to six (6) months, commencing from 10 September 2015 (the date he accepted his provisional suspension).
3.) Except as aforesaid, the 15 December 2015 Award rendered by the American Arbitration
Association/North American Court of Arbitration for Sport Panel in this matter remains in full force and effect.
4.) The costs of the arbitration, to be determined and notified to the parties by the CAS Court Office, shall be borne by the parties in equal shares.
5.) Each party shall bear his/its own costs, including attorney's fees, incurred in connection with the present proceedings.
6.) All other motions, requests, or prayers for relief are dismissed.
