Respondent, Mark Jelks, is a 28-year-old elite track & field athlete registered with USA Track & Field ("USATF") and the International Association of Athletics Federation ("IAAF"). He has been in the Registered Testing Pool ("RTP") for international athletes since
2005.
Mark Jelks received an anti-doping rule violation for three whereabouts failures within an eighteen (18) month period.
Mr. Jelks did not respond to USADA's written Communications
conceming his rule violation. Accordingly, on August 30, 2010, USADA announced that Mr. Jelks had been suspended for a period of two years commencing on August 23, 2010.
Subsequent to the deadline for appealing his anti-doping rule violation and after more than one half of his period of ineligibility had been served, Mr. Jelks contacted USADA requesting a
reduction in his period of ineligibility and providing an explanation of exigent circumstances that, if timely raised, might have led USADA to seek less than two years ineligibility for Mr. Jelks' rule violation.
On the basis of the facts and legal considerations, the Arbitrator renders the following decision:
- Mr. Jelks' appeal of his two (2) year period of ineligibility commencing August 23, 2010 is hereby denied.
- The parties shall bear their own attorneys' fees and costs associated with this arbitration.
- The administrative fees and expenses of the American Arbitration Association, and the compensation and expenses of the Arbitrator, shall be borne entirely by USADA and the United States Olympic Committee.
- This Decision is in full settlement of claims and counterclaims submitted by the parties to this Arbitration.
