Related case:
AAA 2018 No. 01 18 0004 6622 USADA vs Stirley Jones
June 17, 2019
On 17 June 2019 the American Arbitration Association (AAA) Commercial Arbitration Tribual decided to impose a 4 year period of ineligibility on the Parathlete Stirley Jones after he tested positive for the prohibited substance Stanozolol related to the use of a contaminated supplement. Here USADA contended that the Athlete failed to establish that the positive test was caused by a contaminated product.
In first instance the AAA Panel did not believe that the Athlete was a cheater and the Panel would have welcomed additional evidence to support that belief. Unfortunately, under the existing rules, that belief alone is insufficient and adducing such evidence is acknowledged by the Panel as being difficult to accomplish; the majority was of the view that its hands are tied to issue a sanction of 4 years ineligibility.
Hereafter in July 2019 the Athlete appealed the AAA decision with the Court of Arbitration for Sport (CAS). The Athlete requested the Panel to set aside the decision of 17 June 2019 and to impose a reduced sanction.
USADA rejected the Athlete's claim that a supplement which he did not declare on his doping control form was contaminated with Stanozolol and caused his positive test. USADA tested seven sealed containers of the same supplement - six from the exact same lot as the Athlete's open container - and none contained Stanozolol.
Further USADA contended that since the first-instance hearing the Athlete had changed his version of how and when he obtained the product he claimed was contaminated and each time his evidence had been discredited. USADA considered it is plausible that he intentionally spiked his supplement which under cuts his contamination theory.
The Sole Arbitrator considered the evidence in this case and the parties contentions and concludes that the Athlete has not established the source of his positive test was from a contaminated product nor has he shown that he bears "No Significant Fault or Negligence. Consequently, his appeal is dismissed.
Therefore The Court of Arbitration for Sport decides on 12 December 2019 that:
1.) The appeal filed by Mr. Stirley Jones against the United States Anti-Doping Association on 8 July 2019 with respect of the decision dated 17 June 2019 by the AAA Arbitration Panel is dismissed.
2.) The costs of the arbitration, to be determined and served to the parties by the CAS Court Office, shall be borne by the Mr. Stirley Jones.
3.) Each party shall bear its own costs and other expenses incurred in connection with this arbitration.
4.) All other motions or prayers for relief are dismissed.