Respondent, Ms. LaTasha Jenkins (“Ms. Jenkins”) or “Respondent”, is an elite-level athlete in the sport of track and field. Ms. Jenkins has participated in USA Track an Field’s (“USATF”) Out-of-Competition testing pool since 2000. Prior to this period, Ms. Jenkins participated in the International Association of Athletic Federations (“IAAF”) drug testing program. With the sole exception of the test in issue, Ms. Jenkins has not previously tested positive for a prohibited substance.
On 22 July 2006, while competing in the KBC Night Hechtel Meet in Heusen, Belgium, The IAAF required Ms. Jenkins to submit to a drug test. On the same day, Ms. Jenkins participated and placed first in the women’s 100 meter event. Later that evening, Ms. Jenkins provided a urine sample at the doping control station at the venue, dividing the sample into two Berlinger collection bottles (“A” sample and “B” sample) each identified by control number 689699.
On the Doping Control Form, Ms. Jenkins declared that she had taken Voltaren, a prescription pain medication, Tylenol, and multi-vitamins over the course of the seven day period prior to administration of the test. The amount of urine collected and its pH at the time of collection were also measured and recorded on the Form.
The sample was then shipped on 25 July 2006 to the World Anti-Doping Agency (“WADA”)-accredited laboratory in Ghent, Belgium (“Ghent Laboratory”)
On 31 July 2006, the Ghent Laboratory conducted an initial laboratory screen from Ms. Jenkins’s “A” sample using Gas Chromatography/Mass Spectrometry (“GC/MS”) and detected the presence of the anabolic steroid metabolite Norandrosterone.
On 2 August 2006, the Ghent Laboratory took three aliquots from the “A” sample bottle and performed three separate analyses of the urine, all of which revealed the presence of Norandrosterone at an average concentration of 7.80 mg/ml.
The Ghent Laboratory subsequently reported the “A” sample as positive to the IAAF.
On 4 August 2006, at the request of the IAAF, Ms Jenkins’s sample was sent to the WADA-accredited laboratory in Köln, Germany (“Cologne Laboratory”) for analysis by Isotope Ratio Mass Spectrometry (“IRMS”).
On 8 August 2006, the Cologne Laboratory reported the “A” sample as positive for Nandrolone.
Following notification that the “A” sample had tested positive for the presence of Norandrosterone in excess of the allowable threshold, Ms. Jenkins requested that the “B” sample be tested. Ms. Jenkins did not attend or request the attendance of a representative during the B sample test.
On 21 September 2006, the Ghent Laboratory took three aliquots from the “B” sample bottle and performed three separate analyses of the urine. Ms. Jenkins’s “B” sample tested positive for Norandrosterone at a level of 12.30 ng/ml. The Ghent Laboratory again reported its finding to the IAAF.
On 22 September 2006, USATF wrote to USADA requesting that the agency handle the positive testing result under the USADA Protocol.
Following notification of the “B” sample results, Ms. Jenkins agreed to serve a provisional suspension beginning on 23 October 2006.
USADA subsequently requested that IRMS analysis also be performed on Ms. Jenkins’s “B” sample. On 20 December 2006, the Cologne Laboratory reported that the “B” sample confirmed the finding of Nandrolone in Ms. Jenkins’s specimen.
On 16 January 2007, USADA informed Ms. Jenkins in writing that the result of the “B” sample IRMS analysis conducted by the Cologne Laboratory also confirmed the presence of Norandrosterone in her specimen.
The North American Court of Arbitration for Sport Panel is of the view that:
- USADA has proven that the prohibited substance 19-Norandrosterone was found above the threshold level in urine specimen 689699 provided by the Respondent on 22 July 2006;
- The Respondent has successfully demonstrate that ISL 5.2.4.3.2.2 was violated by both the Ghent and Cologne laboratories;
- The Respondent has not demonstrated that ISL 5.2.5.1.1 was violated;
- And USADA has failed to prove to the Panel’s comfortable satisfaction that the failure by both laboratories to observe ISL 5.2.4.3.2.2. did not undermine the validity of the testing result.
In view of the Panel’s finding that USADA has failed to demonstrate that the violation of ISL 5.2.4.3.2.2 by both laboratories did not undermine the validity of the test results, the results must be set aside.
In closing, the Panel wishes to add two comments. Firstly, doping in sport is a scourge which must be eradicated. It is a strict liability offence and, just as the athletes who are subject to the anti-doping regime are expected to follow is rules and standard to the letter, so they are entitled by the anti-doping authorities themselves, including the WADA accredited laboratories that play such a vital role in the regime. Following the rules applicable to all stakeholders is the best method of ensuring the integrity of sport.
Finally, the Panel wishes to emphasize certain aspects of the findings which compel its award in this case. The Panel has found that two WADA-accredited laboratories detected prohibited levels of 19-Norandrostrone in the Respondent’s sample provide on 22 July 2006. The Panel has also determined that those test results must be set aside because of a violation of the ISL and because USADA was unable to prove that this violation did nor undermine the validity of the test results in question. However, the Panel has not found that the violation of the ISL caused the Respondent’s test result; nor has it determined whether the Respondent did or did not use a prohibited substance such as to account for the test result at issue.
The Panel therefore finds and awards as follows:
- The Ghent and Cologne Laboratories violated ISL 5.2.4.3.2.2 in the conduct of their analysis of Ms. Jenkins’s sample;
- The Ghent and Cologne Laboratories did not violate ISL 5.2.5.1.1 in the conduct of their analysis of Ms Jenkins’s sample;
- Claimant, USADA, has not demonstrated to the Panel’s comfortable satisfaction that the violation of ISL 5.2.4.3.2.2 did not cause the AAF arising from the analysis of the Respondent’s, Ms. Jenkins’s, sample by the Ghent and Cologne Laboratories;
- The testing results of Respondent are set aside.
The administrative fees and expenses of the American Arbitration Association and the compensation and expenses of the arbitrators shall by borne entirely by USADA.
