Larry Wade is an elite-level athlete in the sport of track and field. He is a member of the USA Track & Field (USATF) and has been serving on USATF’s Athlete Advisory Committee since 2002. Since the fourth quarter of 2000 and prior to the subject test of this arbitration, Mr. Wade had had no positive laboratory test reported by the IAAF or to USADA.
On May 11, 2004, Mr. Wade submitted to out-of-competition drug testing at the request of IAAF. As required by the collection process, Mr. Wade informed the Doping Control officer that he was taking multi-vitamins and minerals at the time of the collection.
The WADA-accredited Barcelona Laboratory conducted an initial test of Mr. Wade’s A sample and detected the presence of the metabolite of an anabolic steroid.
On June2, 2004 the Barcelona Laboratory took three replicates from Mr. Wades A sample and conducted three separate analyses. All three analyses indicated the presence of the anabolic steroid metabolite 19-norandrosterone. The Barcelona Laboratory subsequently reported the A sample as positive to the IAAF.
After being notified of the positive result, Mr. Wade requested that the B sample be tested in the presence of his representative.
On July 29, 2004, in the presence of Mr. Wade’s representative, the Barcelona Laboratory took three replicates form the B sample and performed three separate analyses. The results confirmed the existence of 19-norandrosterone.
On May 30, 2005, WADA issued a “Clarification about Nandrolone Testing” and an accompanying “ Explanatory Technical Note” discussing the phenomenon of “unstable urine” in which, in rare cases and under special conditions, a chemical reaction occurs in a vial of urine. WADA also provided some additional information about this phenomenon prior to the hearing.
On June 2, 2005, The North American Court of Arbitration for Sport Panel held a hearing in Los Angeles. WADA provided further information on urine instability in response to Mr. Wade’s document request.
The Panel finds that Mr. Wade failed to provide any evidence that would indicate that his positive test result should be discounted due to instability of his urine. Mr. Wade’s Supplemental Brief and attached expert affidavit failed to provide any support for the specific proposition that Mr. Wade’s urine was unstable.
In Summary, the Panel is of the opinion that (1) USADA has proved that the prohibited substance 19-norandrosterone was found above the cutoff level in Mr. Wade’s urine sample to the comfortable satisfaction of the Panel; and (2) Mr. Wade has failed to rebut the doping violation and to meet his burden to prove any defences.
For these reasons, the North American Arbitration for Sports Panel finds Mr. Wade guilty of a doping violation under the IAAF rules. Accordingly, the Panel finds that Mr. Wade should be declared ineligible for two (2) years with credit for suspension time already served from July 12, 2004 until the date of this Award. Mr. Wade should therefore be eligible for competition on July 12, 2006.
The Panel therefore rules as follows:
- Mr. Wade is guilty of a doping violation under IAAF rules, so that he should be declared ineligible for two years, less the period of suspension he has previously.
- Mr. Wade shall be ineligible for two years from July12, 2004, under the IAAF rules, including from participating in U.S. Olympic, Pan American or Paralympic Games; trials or qualifying events, being a member of any U.S. Olympic, Pan American or Paralympic Games team and having access to the training facilities of the United States Olympic Committee (USOC) Training Centers or other programs and activities of the USOC including, but not limited to, grants, awards, or employment pursuant to the USOC Anti-Doping Policies.
