In September 2016 the United States Anti-Doping Agency (USADA) has reported an anti-doping rule violation against the track cyclist after his A and B samples tested positive for the prohibited substance clenbuterol. After notification a provisional suspension was ordered. The Athlete filed a statement with evidence in his defence and he was heard for the American Arbitration Association (AAA) Commercial Arbitration Panel.
The Athlete did not challenge the test results and he denied the intentional use of the substance. He asserted that his positive test was the result of contaminated meat or supplements and referred to previous cases of meat tainted with clenbuterol. Laboratory reports showed that non of the supplements provided by the Athlete were contaminated. Also the Athlete filed a polygraph exam, which confirmed that he was truthful about not knowingly taking any substance containing clenbutererol and not having ever intentionally ingested clenbuterol.
The Panel, though willing to accept that the Athlete did not cheat, needs more than theories about contaminated meat or supplements. The Panel does not find the polygraph evidence particularly helpful, and unconvincing in this matter. The Panel concludes that the Athlete failed to provide some evidence which constitutes a probable source of the positive result in addition to the Athlete’s denial of intent.
Therefore the AAA Commercial Arbitration Tribunal decides on 14 July 2017 to impose a 4 year period of ineligibility on the Athlete starting on the date of the provisional suspension, i.e. on 2 September 2016.
