In March 2019 the United States Anti-Doping Agency (USADA) has reported an anti-doping rule violation against the minor weightlifter Kiara Akuna after her A and B samples tested positive for the prohibited substances Dehydrochlormethyltestosterone (Turinabol) and Metandienone. After notification a provisional suspension was ordered.
The Athlete requested for a hearing but hereafter failed to meet any scheduled deadlines for a evidentiary hearing and failed to file any documents in her defence. In his submissions the Athlete’s Representative asserted that the Athlete was ‘crucified’ and ‘railroaded’ for something someone else did to her, there were irregularities and he pointed to some physiological issues.
The Sole Arbitrator notes that at no time during the preparation for the evidentiary hearing did the Athlete comply with any stated schedule deadlines for providing any discovery, brief, agreed stipulation of facts, documentary evidence or affidavits of any kind. While her Representative made based asserting of his own observations, he also testified regarding test by Quest Diagnostic Laboratories and their findings. However no submission of any acceptable scientific basis for any such findings presented by the Representative justifies reliance on his positions.
The Arbitrator holds that in spite of that, USADA has addressed those purported finding and justifies exclusion of the same due to the sound testimony excluding reliance thereon. Also the submission of the Representative and his questions posed regarding his observations of the Athlete’s physicality that he deems inconsistent with regular drug use is rebutted by USADA in response thereto.
Based on the evidence in this case the Arbitrator finds that the test results of the Athlete’s sample established the presence of prohibited substances in her samples and accordingly that she committed an anti-doping rule violation. Further the Athlete failed to provide any evidence that showed that the violation was not intentional.
Therefore the Sole Arbitrator to the American Arbitration Association Commercial Tribunal (AAA) decides on 25 November 2019 to impose a 4 year period of ineligibility on the Athlete starting on the date of the provisional suspension, i.e. on 4 March 2019.
