CAS 2019/A/6180 World Anti-Doping Agency (WADA) v. United States Anti-Doping Agency (USADA) and Ryan Hudson - Preliminary Award
Related case:
CAS 2019_A_6180 WADA vs USADA & Ryan Hudson - Settlement
October 23, 2020
Previously in December 2016 the American weightlifter Ryan Hudson was sanctioned with a 4 year period of ineligibility after he tested positive in 2015 for the prohibited substance Stanozolol.
In July 2017 the United States Anti-Doping Agency (USADA) reported an new anti-doping rule violation against the Athlete after his A and B samples tested positive for the prohibited substance Dehydrochlormethyltestosterone (DHCMT).
Here USADA deemed on 27 November 2018 that there where grounds for the imposition of a sanction of 4 years for the Athlete’s second anti-doping rule violation instead of the otherwise applicable 8 year period of ineligibility.
Hereafter in March 2019 the World Anti-Doping Agency appealed the USADA Decision with the Court of Arbitration for Sport (CAS).
This Award centres around these preliminairy issues:
- whether the CAS has jurisdiction over the appeal;
- if the CAS does have jurisdiction, what is the scope of the appeal, i.e. does it extend to whether the Athlete committed a second ADRV or is it limited to the sanction for such violation; and
- whether a "presence" violation is committed (for the purposes of Article 10.7.4.1 of the WADC) on the date of ingestion of a prohibited substance or on the date of the doping control test.
WADA's essential submission is that:
- The issue of whether the Athlete committed a second ADRV has been already determined;
- WADA's prayer for relief that the CAS find the Athlete has committed a second ADRV, is a mere formality.
USADA's essential submission is that:
- It is for WADA to establish that the Athlete committed a second ADRV before any question of sanction can arise;
- WADA's prayers for relief that the CAS find the Athlete has committed a second ADRV, has made whether he has done so an issue in these proceedings.
Considering the submissions of the parties the Sole Arbitrator holds that there is a specific arbitration agreement in the Appealed Decision entitling WADA to appeal it to the CAS. Moreover, an applicable regulation – the USADA Protocol – properly interpreted, also provides such a right of appeal to WADA.
The Sole Arbitrator deems that USADA's attempt to change the basis of the agreed sanction i.e. that the DHCMT positive should be treated as a second ADRV - should not be entertained. The fact of the Athlete's second ADRV is the very premise of WADA's appeal and hence outwith its scope. The scope of WADA's appeal is limited to the appropriate sanction for the Athlete's second ADRV; his commission of that second violation is to be treated as res judicata.
Further the Sole Arbitrator concludes that an ADRV contrary to Article 2.1 WADC (i.e. a "presence" violation) cannot be committed on any date other than the date of the sample on which the prohibited sample is found to be present.
Therefore the Court of Arbitration for Sport decides on 10 March 2020 in this Preliminary Award that:
1.) The Court of Arbitration for Sport has jurisdiction over the appeal filed by the World Anti-Doping Agency on 4 March 2019 against the decision rendered by the United States Anti-Doping Agency on 27 November 2018, regarding Ryan Hudson.
2.) The scope of the appeal filed by the World Anti-Doping Agency on 4 March 2019 is limited to the appropriate sanction for Ryan Hudson's second Anti-Doping Rule Violation; his commission of that second violation is to be treated as res judicata.
3.) An Anti-Doping Rule Violation contrary to Article 2.1 (i.e. a "presence" violation) of the World Anti-Doping Code cannot be committed on any date other than the date of the collection of the sample in which the prohibited substance is found to be present.
4.) The substantive proceedings will now go forward in the basis of the above premises 1-3.
5.) The costs of this award will be allocated in the final award.
6.) All other claims or issues will be assessed and determined in the final award.
