AAA 2009 No. 77 190 00515 09 USADA vs Kirk O'Bee

USADA seeks a lifetime period of ineligibility of cyclist Kirk O’Bee second anti-doping violation based on his alleged use, possession, trafficking or attempted trafficking, and administration or attempted administration of prohibited substances, including recombinant human erythropoietin (rhEPO), testosterone, and human growth hormone (“hgh”).
USADA also seeks disqualification of his cycling competition results from July 15, 2003 or when its non-analytical positive evidence establish his committed second doping violation, which USADA contends occurred prior to his May 20, 2009 positive test for rhEPO.
Respondent violated Article 21.2 of the International Cycling Union Anti-Doping Rules (“UCI ADR”) and Article 2.2 of the World Anti-Doping Code.
Respondent claims the appropriate sanction is an eight-year period of ineligibility and no invalidation of the cycling results prior to May 12, 2010.
The panel has jurisdiction over the doping dispute pursuant to to the Ted Stevens Olympic and Amateur Sports Act, 36 U.S.C. §220501 because this is a controversy involving Respondent’ s opportunity to participate in national and international competition representing the United States.
Trafficking was proved by examining respondent’s electronic mail and computer.
Decision and award: the respondent will receive a lifetime period of ineligibility from the date of the award, including ineligibility from participating in and having access to the training facilities of the United States Olympic Committee Training Centers or others programs and activities of the USOC including, but not limited to, any grants, awards or employment.