This case involves the first anti-doping violation for Joshua O'Neil ("Respondent").
He is a 24 year-old world class Judo athlete who placed second at the 2008 Olympic trials and won the USA Judo Senior National Championships in the 66K division in 2009. He has been in the United States Anti-Doping Agency ("USADA") Registered Testing Pool for several years and has been randomly tested on a number of occasions. He has never before tested positive or been found to have committed a doping offense.
Respondent gave a urine sample on April 18, 2009, as part of the USADA In-Competition testing program at the U.S. Senior Judo National Championships. Respondent's sample tested positive for ritalinic acid (Ritalin), a metabolite of methylphenidate, which is prohibited in the Class of Stimulants on the 2009 World Anti-Doping Agency ("WADA") Prohibited List (and is a Specified Substance). By stipulation, Respondent accepted the laboratory findings and agreed that the Positive Test constituted a first doping offense. The period of Ineligibility is a maximum of two (2) years. Respondent stated that he took a Ritalin tablet two (2)
days before the Championships to aid in studying for a firefighter's examination, and that he did not do so to enhance his athletic performance. He reserved the right in his stipulation, and thereafter argued, that the period of Ineligibility should be reduced under Article 10.4 (Elimination or Reduction of Ineligibility for Specified Substances under Specific Circumstances) of the World Anti-Doping Code ("WADC"), or under Article 10.5.2 (No Significant Fault or Negligence), that the concept of proportionality should apply, and that the period of Ineligibility should commence on the date of the sample collection (April 18, 2009) pursuant to Article 10.9.2.
The only disputed issues in this case are the period of Respondent's Ineligibility and the date upon which it begins. After full consideration of the briefs and the testimony in light of the required elements and the respective burdens of proof under Articles 10.4, 10.5.2 and 10.9.2 of the WADC (which has been adopted by the International Judo Federation (the "IJF"), the Arbitrator finds that the Respondent was significantly negligent in taking Ritalin approximately two (2) days prior to a major Championship and was unable to demonstrate to the comfortable satisfaction of the Arbitrator that such action was not intended to enhance his athletic performance.
The Respondent was, however, forthright about having made a serious mistake and took full responsibility for his actions. Moreover, he made a timely admission before competing again after being confronted with the anti-doping rule violation, and voluntarily accepted on June 10, 2009 a Provisional Suspension in writing from USADA. The Arbitrator recognizes the benefits of encouraging honest acceptance of responsibility on the part of athletes, and concomitantly, of reducing the time and expense associated with pursuing anti-doping rule violations. After due consideration, the Arbitrator hereby sets the period of Ineligibility at two (2) years, commencing on April 18, 2009.
