AAA 2021 No. 01 21 004 9891 USADA vs Desmond Jackson

In July 2021 the United States Anti-Doping Agency (USADA) has reported an anti-doping rule violation against the Parathlete Desmond Jackson after his sample tested positive for the prohibited susbstance Prasterone (Dehydroepiandrosterone, DHEA).

After notification a provisional suspension was ordered. The Athlete filed a statement in his defence and he was heard for by the American Arbitration Association (AAA) Commercial Arbitration Tribual.

Undisputed between the parties is that the violation was not intentional and the result of a DHEA supplement provided by the Athlete's coach, whereas the Athlete was unaware that it contained a prohibited substance. Both parties also agree that there are grounds for No Significant Fault or Negligence.

The Parathlete (21) stated that he worked with his coach since 2015, he had received anti-doping education and was tested before without issues. He trusted his coach and he had delegated to him the responsibility of checking his supplements before using. The coach had told the Athlete's mother that the DHEA pills he provided were safe and for muscle recovery.

Based on the circumstances the Athlete asserted that he had acted with only a light degree of fault. USADA contended that the Athlete had acted with a considerable degree of fault since he relied only on the assurances of his coach that any supplement he receive was safe.

Considering the parties arguments and submissions the Sole Arbitrator did not accept the argument of delegation of responsibility in determining the Athlete's degree of fault and thus the length of the period of ineligibility. The Arbitrator also finds that there are no grounds for a reduction based on substantial assistance.

When considering objective as subjective factors and arguments in favor and against the Athlete the Sole Arbitrator deems that the Athlete's fault falls at the lowest end of the "considerable" category of fault.

Therefore the AAA Panel decides on 8 October 2021 to impose a 20 month period of ineligibility on the Parathlete, starting on the date of the provisional suspension, i.e. on 8 July 2021.

Original document

Parameters

Legal Source
National Decisions
Date
8 October 2021
Arbitrator
Johansen, Gary L.
Original Source
United States Anti-Doping Agency (USADA)
Country
United States of America
Language
English
ADRV
Adverse Analytical Finding / presence
Legal Terms
Admission
Burdens and standards of proof
Case law / jurisprudence
No intention to enhance performance
No Significant Fault or Negligence
Period of ineligibility
Sole Arbitrator
Substantial assistance
Sport/IFs
Athletics (WA) - World Athletics
Other organisations
United States Anti-Doping Agency (USADA)
Laboratories
Los Angeles, USA: UCLA Olympic Analytical Laboratory
Doping classes
S1. Anabolic Agents
Substances
Prasterone (dehydroepiandrosterone, DHEA, 3β-hydroxyandrost-5-en-17-one)
Various
Athlete support personnel
Parathlete / Parasports
Supplements
Document type
Pdf file
Date generated
11 November 2021
Date of last modification
6 December 2021
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  • Legal Terms
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