In October 2020 the United States Anti-Doping Agency (USADA) has reported an anti-doping rule violation against the weightlifter James Nelson after his A and B Samples tested positive for the prohibited substance Dehydrochlormethyltestosterone and its M3 metabolite in a low concentrattion.
After notification a provisional suspension was ordered. The Athlete filed a statement in his defence and he was heard for the AAA Arbitration Tribunal.
The Athlete admitted the violation, denied the intentional use of the substance and requested for a reduced sanction. He believed that one or more supplements he had used in the period 2013-2014 likely are the source of his positive test. Further the Athlete complained that it is financially impossible for a recreational weightlifter to cover the costs to conduct testing on the supplement lot to establish the source.
USADA contended that although some studies suggested that the M3 metabolite can remain in the body for more than a year, there is no evidence that it can remain in the body for 7 or 8 years.
The Sole Arbitrator finds that a potentially contaminated supplement from 7 or 8 years ago that may have been the source of Dehydrochlormethyltestosterone is pure speculation since there is no supporting evidence or analysis of the suspected supplement to indicate that it was the source.
Also the Sole Arbitrator concludes that the Athlete failed to establish by a balance of probability that the ingestion of something containing Dehydrochlormethyltestosterone was unintentonal.
Finally the Sole Arbitrator is sympathetic to the Athlete's arguments that as a recreational lifter he cannot afford the cost to conduct any scientific research to establish the source, or to retain an expert to testify as to the detection window for Dehydrochlormethyltestosterone. However he deems that the
Athlete's financial means do not demonstrate in any way that his violation was unintentional under the clear test.
Therefore the AAA Sole Arbitrator decides on 28 June 2021 to impose a 4 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 23 October 2020.