AAA 2019 No. 01 19 0002 1440 USADA vs Daniel Bond

In June 2019 the United States Anti-Doping Agency (USADA) has reported an anti-doping rule violation against the cyclist Daniel Bond for his refusal to submit to sample collection in April 2019.
After notification the Athlete filed a statement in his defence and he was heard for the Panel of the American Arbitration Association Commercial Tribunal (AAA).

The Doping Control Officer (DCO) reported that on 11 April 2019 at the Athlete’s residence he refused to provide an out-of-competition sample when requested by the DCO. The Athlete told the DCO that he was busy on a conference call and he was not available to provide the urine sample. He told the DCO to come back another day, he slammed the door in the face of the DCO and went back inside his house. While the DCO was on the phone the DCO saw the Athlete looking out the window several times but he didn’t answer when the DCO knocked on the door several times.

USADA contended that the violation was intentional and that the Athlete failed to demonstrate compelling justification on the basis that he was on an important work related call when the DCO showed up at his house. USADA argued that the Athlete didn’t cooperate with USADA’s efforts to corroborate his assertions that he was busy on an important telephone call with key people at the company for which he worked. He gave to USADA three different explanations and he simply did not want USADA investigators contacting his employer.

The Panel agrees that the Athlete's anti-doping rule violation was intentional and that he failed to demonstrate that he had compelling justification for not providing the sample when notified by the DCO.
Without grounds for a reduction of the sanction the AAA Panel decides on 26 March 2020 to impose a 4 year period of ineligibility on the Athlete starting on the date of decision.

Original document

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Legal Source
National Decisions
Date
26 March 2020
Arbitrator
Muedeking, Mark
Reeves, Barbara A.
Thomas, John Charles
Original Source
United States Anti-Doping Agency (USADA)
Country
United States of America
Language
English
ADRV
Refusal or failure to submit to sample collection
Legal Terms
Case law / jurisprudence
Circumstantial evidence
Sport/IFs
Cycling (UCI) - International Cycling Union
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United States Anti-Doping Agency (USADA)
Various
Amateur / club / recreational sport
Lack of cooperation / obstruction
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Date generated
31 March 2020
Date of last modification
28 November 2020
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