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September 30, 2019 - CAS 2019_A_6530 Jeffrey Brown vs USADA | Alberto Salazar vs USADA
September 15, 2021
Mr. Alberto Salazar is an American track coach and former world-class long-distance runner and the head coach of the Nike Oregon Project (NOP) in Portland, Oregon.
In June 2017 the United States Anti-Doping Agency (USADA) has reported multiple anti-doping rule violations against Mr. Salazar:
1.) Possession of prohibited substances and/or methods including testosterone and prohibited intravenous (IV) infusions and related equipment (such as needles, IV bags and/or syringes, storage containers and other infusion equipment and devices).
2.) Trafficking and/or attempted trafficking of testosterone and prohibited IV infusions.
3.) Administration and/or attempted administration of testosterone and prohibited IV infusions.
4.) Assisting, encouraging, aiding, abetting, covering up, and other complicity involving one or more anti-doping rule violations and/or attempted anti-doping rule violations (“Complicity”).
5.) Tampering and/or attempted tampering.
Also charged is Dr. Jeffrey Brown, a physician and a consultant for the Nike Oregon Project. Here USADA reported multiple anti-doping rule violations against Dr Brown for trafficking, administration, complicity and tampering.
After notification Mr. Salazar filed a statement with evidence in his defence and he was heard for the Tribunal of the American Arbitration Association (AAA).
In this case against Mr. Salazar the Panel has reviewed and examined approximately 1,562 exhibits, heard seven full days of testimony, which are documented in 2,543 pages of hearing transcript, reviewed and carefully considered the parties’ prehearing and post-hearing briefs, which consist of 1,154 pages, reviewed and ruled on various motions and issues that arose between the parties, which are articulated in the 14 Procedural Orders issued by the Panel, and the Panel was required to spend thousands of hours on this matter.
USADA contended with evidence and witness statements that Mr. Salazar was involved in the infusions/injections of L-carnite administered to the Athlete Steve Magness and NOP athletes; possession and use of testosterone gel and tampering together with his attorneys during the investigation and arbitration. During the proceedings USADA did not pursue the Administration or Attempted Administration of Testosterone for personal use.
The Panel finds that USADA has met its burden of proof to show that there was:
1.) A Prohibited Method, an infusion over the applicable limit;
2.) Mr. Magness was an Athlete; and
3.) Mr. Salazar, specifically and aggressively, facilitated and otherwise participated in Mr. Magness’ Use of the Prohibited Method.
Accordingly the Panel finds that Mr. Salazar has committed a anti-doping rule violation of the Rules.
A majority of the Panel finds that USADA has not met its burden of proof with respect to the Attempted administration charge in the matter of the NOP Athletes. Neither with respect to Mr. Salazar committing a Complicity anti-doping rule violation regarding to the Athlete Steve Magness infusion nor to the NOP Athletes.
A majority of the Panel finds that Mr. Salazar did deliberately engage in intentional conduct to alter results or prevent normal procedures from occurring. He was clearly operating under the impression that the NOP Athletes could be asked about infusions and a majority finds he tried to prevent the normal procedure from occurring by instructing the NOP Athletes that no declaration of use of LCarnitine was required and that they should deny they had the L-carnitine infusion when asked about infusions when getting drug tested in or out of competition.
The Panel is concerned that Mr. Salazar conducted a Testosterone Experiment on two non-Athletes, i.e. his own sons, at a reputable and well known training facility, by a very experienced and well known Athlete Support Person, with no actual justification and involving the administration of a controlled substance in potential violation of federal laws. While the Panel accepts Mr. Salazar’s contention that the experiment was designed to protect athletes of the NOP, it could have also been conducted as part of a nefarious attempt to “beat” the testing system and thus is susceptible to creating an appearance of cheating that one could argue would bring the experiment much closer to being “in connection with” an Athlete, Competition or training.
Also regarding the Testosterone Experiment the Panel concludes that Mr. Salazar as Athlete Support Person is strictly prohibited from trafficking in Testostereone by giving it to third parties and committed the anti-doping rule violation for Trafficking. Further the Panel finds that there is insufficient evidence that there was Complicity regarding the Testosterone Experiment and the Panel declines to find a violation here for Tampering based on Mr. Salazar’s conduct in the investigation and arbitration.
Therefore on the basis of the foregoing facts and legal aspects the Panel decides on 30 September 2019:
1.) Respondent has committed the following anti-doping rule violations: Administration, Tampering and Trafficking.
2.) The following sanction shall be imposed on Respondent: a period of Ineligibility (as defined in the World Anti-Doping Code) of four years from the date of this Award, with all attendant consequences.
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 expenses of the Panel, shall be borne entirely by USADA and the United States Olympic Committee.
5.) This award is in full settlement of all claims and counterclaims 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.
