Between June 2019 and April 2020 USADA's independent Therapeutic Use exemption Committee (TUEC) repeatedly reviewed and rejected the Athlete's TUE application for the use of dehydroepiandrosterone (DHEA). In the opinion of USADA and TUEC the Athlete's medical evidence did not support granting a TUE approval in accordance with the ISTUE.
This matter was filed with the American Arbitration Association in November 2019 and the parties submitted their stipulations.
USADA contended that the Athlete's TUE applications were denied based on the four ISTUE requirements in Article 4.1 of the USADA TUE Policy, all of which must be met to obtain a TUE.
The parties differ as to what standards of review should apply in an appeal of TUE denial. The Athlete argued that the Panel should determine if she met the four conditions based on the balance of probabilities (more likely than not). USADA argued that the appropriate standard is to determine whether the decision of the TUEC was arbitrary and capricious.
The Panel finds that the Athlete has not met her burden to show that she met all of the requirements of Article 4.1.
Specifically, the Athlete cannot establish that she has an acute chronic medical condition for which DHEA is a necessary treatment.
The Panel holds that the Athlete did not show that her use of DHEA was unlikely to enhance her performance. The records reflected that her testosterone and dihydrotestosterone levels rose while taking DHEA.
Further the Athlete did not establish a legitimate diagnosis from which to analyze whether a permitted alternative exists and even if the Athlete established the diagnoses or needed treatment for the described symptoms, DHEA is not an accepted form of treatment and permitted alternatives exist.
Finally there was insufficient information in the medical records to determine whether other substances, such as glucocorticoids, may have had an impact on the Athlete's DHEA production.
Therefore the AAA Panel decides on 23 June 2020 to affirm the TUEC decision denying the Athlete a TUE.
