Calvin Harrison, the Respondent, gave a urine sample on June 21, 2003 following his participation in the U.S. Jr. and Sr. Outdoor National Track & Field Championships on that date. The existence of the substance “modafinil”, a prescription drug, was found in the Respondent’s bodily fluids in the urine sample.
Respondent denies that, when taken by him, modafinil was prohibited, and thus he did not commit a doping offense.
In 1993 Respondent provided an in-competition urine sample which tested positive for pseudoephedrine, ad drug then, but not currently, on IAAF’s prohibited substance list, for which he received a hearing resulting in the imposition, at that time, of the prescribed sanction. Since a finding that Respondent committed a doping offense would constitute a second offense under IAAF rules, USADA requests that the Panel impose a sanction that would include a minimum two-year period of ineligibility from July 26, 2004, the date of the evidentiary hearing and disqualification of Respondent’s result and award from the June, 2003 U.S. National Championships trough July 26, 2004.
The mere presence of a prohibited substance constitutes an offense. USADA is not required to prove any intent on the part of Respondent to take a prohibited substance, nor does Respondent allege a lack of such intent. The Panel find that Respondent, who admittedly took modafinil without a prescription, ingested a stimulant of the type specifically prohibited or pharmacologically related thereto
Since USADA met its burden of proving that Respondent ingested of prohibited substance, the Panel conclude that Respondent has committed a doping offense within the meaning of the applicable IAAF-rules.
Sanction:
- The North American Court of Arbitration for Sports Panel finds that Respondent committed a second offense.
- The Panel note that despite Respondent’s counsel’s undertaking that Calvin Harrison would be present at the hearing as a fact witness, to testify on his behalf and be examined by counsel and the Panel, he did not appear. In response to the Panel’ s inquiry, Respondent’s counsel affirmed that Respondent had been fully apprised of his rights to appear and express any “exceptional circumstances” for consideration by the Panel, but that he chose not to do so.
- Respondent’s counsel stipulated at the hearing that Respondent does not allege that there are any “exceptional circumstances” that might be considered by the Panel or IAAF in reducing the sanction prescribed under the IAAF Doping Control Rules.
- Accordingly Respondent is suspended for the minimum two-year period to commence from July 26, 2004, the date of the evidentiary hearing, to and including July 25, 2006. In addition Respondent is and shall be ineligible to receive any award or addition to his trust fund which would have resulted from his appearances or performances from June 21, 2003 through July 26, 2004.
The administrative fees and expenses of the AAA, the compensation of the aibitrators
and the costs of the hearing transcript shall be borne entirely by Claimant.
