This case against John McEwen arose out of a series of events which led to the discovery of an new anabolic steroid designed to be undetectable with the then state of testing. It was argued and alleged the newly designed anabolic steroid was intended to be used by athletes in a variety of sports to enhance performance.
The confirmation test on the athlete’s A sample, for THG, took place on September 16, 2003, and the positive THG results were reported to USADA, 2003. The A sample additionally showed the presence of Modafinil on September 24th and 25th, 2003, as reported to USADA on September 26, 2003. On October 21, 2003, a confirmation test was done on the athlete’s B specimen. That test confirmed the presence of Modafinil an THG.
John McEwen had been tested ten times prior to June 2003, all of which were reported as negative for prohibited substances.
USADA presented uncontradicted evidence, both (1) that THG is not and could not be an endogenous substance; and (2) that the kinds of test done merely to detect the presence of a substance, like THG, are sufficiently different from those which would be used to measure quantitative conclusions can, or should be reached from data resulting from a qualitative analysis
The North American Court of Arbitration for Sport Panel finds that USADA has met its burden to establish the presence of THG and Modafinil in the sample provided by John McEwen, and that he has committed an doping violation.
As noted THG is not endogenous to the human body. The use of THG by the athlete can be for no other purpose than to enhance his performance in violation of the spirit and absolute proscriptions of the IAAF doping rules. This is not a supplement contamination issue, nor a case of negligence, it is a willful act by the athlete.
Therefore John McEwen shall be ineligible to compete for a period of two (2) years from the date of the commencement of the hearing, to and include April 19, 2006.
In addition John McEwen shall also be ineligible and shall not be entitled to any award or addition to his trust fund for which he qualified as a result of his performance at the Nationals, or thereafter.
