On May 22, 2005 provided Mr. Harris an urine sample at the Adidas Track Classics in Carson, California. July 6, 2005, USADA notified Mr. Harris of positive A and B sample from the May 22, 2005 Adidas Track Classic.
August 29, 2005, Mr. Harris requested arbitration under USADA-protocol for Olympic Movement Testing. August 31, 2005, Mr. Harris submitted Standard Application Form for Therapeutic Use Exemption (TUE) to IAAF for the use of Dexedrine (Amphetamine) to treat Attention Deficit Disorder (ADD).
Mr. Harris was first diagnosed with ADD in about 1992. He was initially treated for his ADD with Ritalin, and was later switched to Dexedrine. That in addition to ADD, he has been diagnosed with various learning disabilities.
On the first day at the University of Florida in the fall of 2000, where he was an member of the university track team, he was provided by the university’s athletic department with a number of forms to fill out so that he could continue to use Dexedrine before and during track competitions.
He believed, albeit mistakenly, that he had, in the fall of 2000, submitted all necessary paperwork to USADA and others to use Dexedrine (Amphetamine) before and during any track competitions, domestically or internationally. This fact was corroborated by the medical notes maintained and made available to the Panel by the University of Florida. One such note stated that “he does have proper authorizations for the track organizations for use of this medication based on his diagnosis. He declared the use op Dexedrine on his Doping Control Form on May 22, 2005, at the Adidas Track Classic. Even after testing positive for Amphetamine from his urine sample provided on May 22, 2005, he believed, albeit mistakenly, that he had the necessary paperwork on file with USADA for the use of Dexedrine in competition.
As a result of the provisional suspension that Mr. Harris accepted on August 30, 2005, he missed a number of track meets during the 2005 outdoor season, missed the entire 2006 indoor track season, and has already missed a number of track meets during the 2006 outdoor.
The North American Court of Arbitrage for Sports Panel finds that the written stipulations, documents and the testimony of Mr. Harris do support a finding of no significant fault of negligence. It appears that Mr. Harris does suffer from ADD. Mr. Harris was at all relevant times under the mistaken belief that he had submitted all necessary paperwork to use Dexedrine before and during any track competition, domestic and international. This mistaken belief was formed based on representations from the University of Florida.
Mr. Harris’ mistaken belief in this regard is supported by the fact that he openly declared the use of Dexedrine on his May 22, 2005 Doping Control Form.
The Panel agrees that given the unique circumstances presented in this case, and the evidence, Mr. Harris has satisfied that he bears No Significant Fault or Negligence, and, therefore, reduces the period of ineligibility from two years to one year.
The Panel further finds that the period of ineligibility should start on May 22, 2005, the date of the test. Respondent Mr. Harris did not abuse his defence rights or otherwise intentionally delay the proceeding in order to gain any competitive advantage, nor did he use Dexedrine with the intent of enhancing his performance. The Panel believes that for reasons of fairness, the period of ineligibility should commence on May 22, 2005, the date of the sample collection.
The parties propose that all competitive results achieved by Mr. Harris between May 22, 2005 and August 31, 2005 be disqualified. The Panel agrees with this proposal.
The North American Court of Arbitration for Sports Panel renders the following decision:
- Mr. Harris’ period of ineligibility is for one year commencing on May 22, 2005, and concluding on May 21, 2006.
- All competitive results achieved by Mr. Harris between May 22, 2005, and August 31, 2005, shall be disqualified.
