Preliminary Award Regarding Provisional Suspension
This matter came before the North American Panel of Arbitration for Sport Panel as a consequence of the United States Anti-Doping Agency's ("USADA") determination that a provisional suspension should be imposed upon Val Barnwell ("Athlete").
The United Medix Laboratories (Helsinki, Finland) reported an Adverse Analytical Finding on Athlete's A Sample collected in competition on August 3, 2009 for a Prohibited Substance. USADA is required in such circumstances to Impose a provisional suspension promptly after review as to whether an applicable therapeutic use exemption has been granted or there is any apparent departure from the standards applied to laboratories.
USADA notified Athlete by letter dated October 29, 2009, which was received on November 3, 2009, that he had until November 5, 2009, to accept a provisional suspension. Since Athlete did not accept the provisional suspension
proposed by USADA by November 5, 2009, USADA requested that the Panel Schedule a Provisional Hearing and render its determination on or before December 11, 2009.
The sole issue for the Panel to determine is whether USADA's decision that a provisional suspension should be imposed shall be upheld, based on whether probable cause exists for USADA to proceed with a charge of an anti-doping rule violation against Athlete. To establish probable cause it is not necessary for any B Sample analysis to have been completed.
The North American Court of Arbitration for Sport Panel, being duly advised, hereby finds:
- USADA complied with the review and notification requirements of the Code and by supplying Athlete prior to the Provisional Hearing, on December 10, 2009 with any and all laboratory documentation in the possession of USADA for the sample.
- USADA has met its burden of showing that probable cause exists for USADA to proceed with a charge of an anti-doping rule violation against Athlete. The Panel therefore upholds USADA's decision to impose a provisional suspension against Athlete (the "Provisional Suspension").
- The Provisional Suspension shall make Athlete ineligible to participate in any "Competition or Event", as such are defined in the Code, or from membership or inclusion upon any team organized or nominated by the United States Olympic
Committee or any National Governing Body.
- The Provisional Suspension shall be in effect until the final hearing has been held and an award issued by the Panel or until the earlier of one of the following events: USADA and Athlete agree to a sanction, USADA withdraws its case against Athlete, or Athlete withdraws his request for arbitration or fails to prosecute his case resulting In imposition of a sanction.
- If within three (3) business days, Athlete submits to AAA any evidence in opposition to USADA's application for a provisional suspension, the Panel shall make a determination as to whether or not to reopen the Provisional Suspension hearing, failing which the Provisional Suspension shall be effective December 11, 2009.
- Athlete shall be entitled to have his case heard pursuant to the Expedited Track set forth In Section 13 of the Protocol, if he submits to the Panel a written request for such expedited treatment within three (3) business days from December 11, 2009.
- The parties shall bear their own costs and attorney's fees.
