In December 2016 the United States Anti-Doping Agency (USADA) reported an anti-doping rule violation against the Athlete Brianna Rollins for 3 whereabouts failures in a 12 month period.
After notification a provisional suspension was ordered. The Athlete filed a statement in her defence and she was heard before the Commercial Arbitration Tribunal of the American Arbitration Association.
The Athlete did not contest the charges about her 2nd and 3rd whereabouts failures in September 2016. The point of contention between USADA and the Athlete is whether the Athlete’s 1st whereabout failure on 27 April 2016 triggered a violation under WADA Code Article 2.4. Also the Athlete contested the length of sanction and its starting date in the event a violation is found.
Based on the facts and analysis of the case the Panel concludes that the Athlete committed a whereabouts failure on 27 April 2016 and therefore committed 3 such failures within 12 months as violation of Article 2.4. the WADA Code.
The Athlete made a fault with the computer filing system where she failed to notice that the standing 60-minute time slot at her home was still in place for the competition day on 27 April 2016. She was required to update the record with a new time slot which she neglected to do so.
The Panel finds that the anti-doping agencies and other authorities could have done more to help her, but the duty to comply remained hers. Due to her failing to make any effort to update, as she knew the rules required, the Athlete has not met and cannot meet her burden to show by a balance of probability that no negligent behavior on her part at least contributed to her failure to be available and her failure to update her whereabouts filing.
Therefore the AAA Tribunal decides on 14 April 2017:
1.) Respondent has committed a doping violation under WADA Code Article 2.4.
2.) Respondent shall be sanctioned by imposition of a period of ineligibility for one (1) year, which period is deemed to have commenced on December 19, 2016 and shall expire on December 18, 2017. During the period of ineligibility, Respondent may not compete in any competitions under the jurisdiction of the
USATF, IAAF, the USOC, any other signatory of the WADA Code, any body which has accepted the WADA Code or any body whose rules are consistent with the WADA Code, or any of the clubs, member associations, or affiliates of these entities.
3.) The parties shall bear their own attorneys’ fees and costs associated with this arbitration.
4.) The administrative fees and expenses of the American Arbitration Association, and the compensation and expense of the arbitrators shall be borne entirely by Claimant.
5.) This Award is in full settlement of all claims submitted to this Arbitration. All claims not expressly granted herein are hereby denied.
6.) This award may be executed in any number of counterparts, each of which shall be deemed an original, and all of which shall constitute together one and the same instrument.
