This case involves Respondent's first anti-doping violation. Respondent does not challenge the Positive Analytical Findings. He alleges that he ingested the Prohibited Substance by accident. Mr. Merritt had three positive tests on October 28, 2009, December 8, 2009 and January 16, 2010 for the same prohibited substance DHEA. Pregnenolone was also found in his samples. Those tests are treated as one violation under anti-doping rules. For reasons related to USADA's legitimate and reasonable investigation, he was not informed of his positive tests until March 22, 2010.
Respondent requests that the Panel rule on the issue of whether International Olympic Committee's ("IOC") Executive Board's unpublished Memorandum relating to IOC Rule 45 of the Olympic Charter ("The Unpublished Memo") conforms to the mandatory provisions of the Code. Under The Unpublished Memo, if this Panel imposes over a six-month period of ineligibility The Unpublished Memo precludes an athlete from competing in the next Olympic Games. The Unpublished Memo imposes this penalty even if the athlete's period of ineligibility has expired by the time of these Olympic Games.
Decision and award:
- Twenty-one month period of ineligibility commencing October 28, 2009 and ending on July 27, 2011.
- During his period of ineligibility Mr. Merritt is prohibited from participating in and having access to the training facilities of the United States Olympic Committee Training Centers or other programs and activities of the USOC.
-After his period of ineligibility has ended on July 27, 2011, Mr. Merritt is eligible to compete in the competitions of all Signatories to the Code including the USOC, IAAF and IOC, if the reason for his exclusion would be related to this anti-doping rule violation.
The administrative fees and expenses of the American Arbitration Association and the compensation and expenses of the arbitrators shall by borne entirely by USADA and USOC.
