Damu Cherry, The Respondent, is an athlete in the sport of track and field (athletics. She has been in the USA Track and Field (USATF) out-of-competition (OOC) drug testing pool since the fourth quarter of 2001.
On February 18, 2003, as part of an out-of-competition drug test, Respondent provided a urine. The IOC accredited University of California at Los Angeles Olympic Analytical Laboratory (UCLA Lab) performed the testing on the A sample ant it revealed the presence of 19-norandrosterone. This finding was reported to USADA. The Respondent was notified of such findings and requested an analysis of the B sample. The USLA Lab tested the B sample and reported that Respondent’s urine sample was positive for 19-norandrosterone. Respondent declined to accept the two-year sanction recommended by USADA, but accepted a provisional suspension effective August 2, 2003. The evidentiary hearing took place on November 3, 4 and 5, 2003, in New York.
The North American Court of Arbitration for Sport Panel is convince that Respondent’s positive test result was not due to endogenous production. Dr. Di Pasquale lacked the expertise and experience, in contrast to Drs. Catlin, Seifer, and Bulun, to support his endogenous production theory, which, in any event, was unsupported by credible, scientific evidence.
The Panel is convinced that the applicable threshold set by the IOC based on recommendation on the directors of the various IOC accredited labs is valid.
USADA produce evidence supported by able argumentation that Respondent had not met the burden of proving that a reduction in the suspension period is warranted.
The Panel decides as follows:
- A doping violation occurred on the part of Respondent
- The minimum suspension for a first offender of two (2) years to take place effective from November 24, 2003 is imposed on Respondent pursuant to IAAF Rule 60. The Respondent is credited with the time of her provisional suspension, effective August 2, 2003
- All competitive results which occurred on or after February 18, 2003, are cancelled.
- A two-year period of ineligibility beginning August 2, 2003, from access to the training facilities of the USOC Training Centers or other programs and activities of the USOC, including grants, awards, or employment, is imposed.
The administrative fees and expenses of the American Arbitration Association and the compensation and expenses of the arbitrators shall by borne entirely by USADA.
