This case presents as one of first impression in some respects, and arose out of a series of events which led to the discovery of a new, previously unknown, so called “designer” anabolic steroid agent (THG, tetrahydrogestrinone) which might be used by athletes in a variety of sports to enhance performance.
The accredited Testing Laboratory at UCLA conducted extensive validation tests on the newly developed confirmation test for THG. The Laboratory did extensive work to confirm its reliability, stability and repeatability in testing urine specimens for THG.
Finally, the confirmation tests on all three A specimens of the athlete Melissa Price took place in mid-September 2003, and the results reported to USADA on September 23, 2003. All three specimens showed the presence of THG. On November 8, 2003, a confirmation test was done on the athlete’s B specimen. The test confirmed the presence of THG.
Melissa Price had been tested four times prior to June 2003, all of which was reported as negative for prohibited substances.
USADA presented uncontradicted evidence through its expert witnesses, 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 quantities, that no quantitative conclusions can, or should be reached from data resulting from a qualitative analysis.
The North American Court of Arbitration for Sports Panel finds that USADA has met its burden to establish the presence of THG in the specimens provided by Melissa Price, and that she has committed a doping violation. The presence of THG in an athlete does not appear to be possible from any sort of mistake or error, such as by reason of ingesting a food supplement, as the product is not approved by the FDA and cannot be purchased for any lawful purpose. Use of such a powerful anabolic steroid could be for no other purpose than to enhance an athlete’s performance in violation of the spirit and absolute proscriptions of the IAAF doping rules. This is not a case of possible negligence and, indeed, the Athlete did not raise any such claim. Therefore, Melissa Price shall be ineligible to compete for a period of two (2) years from the day of the commencement of the hearing, to and including April 15, 2006.
In addition Melissa Price shall also be ineligible and shall not be entitled to any award or addition to her trust fund for which she qualified as a result of her performance at the Nationals, or thereafter.
USADA had sought imposition of a blanket four year period of ineligibility for all competition. The Panel was unable to find any guidance in the Rules of the IAAF, such as do exist in the rules of some other international sports federations, as to factors which should be considered in imposing a sanction should a doping violation be established. Hence the Panel was left to its own considerations, in light of the evidence submitted by the parties.
