Preliminary Award Regarding Provisional Suspension
Respondent, David Clinger, is a 32 year old elite cyclist who provided urine sample on July 30, 2009, after placing second in the Men’s Road Race at the USA Elite Road Nationals in Bend, Oregon.
The UCLA laboratory reported an Adverse Analytical Finding on Mr. Clinger's A Sample collected in competition on July 30, for two Prohibited Substances. In accordance with Article 7.5.1 of the Code, USADA is required in such circumstances to impose a provisional suspension promptly after review whether an applicable therapeutic use exemption has been granted or there is any apparent departure from the standards applied to laboratories.
The sole issue for the Panel to determine is whether USADA's decision that a provisional suspension should be imposed shall be upheld, based on whether probable cause exists for USADA to proceed with a charge of an anti-doping rule violation against Mr. Clinger. To establish probable cause, in accordance with Article 7.5.1 of the Code, it is not necessary for any B Sample analysis to have been completed.
The Panel, being duly advised, hereby finds:
- USADA complied with the review and notification requirements of the Code and by supplying Mr. Clinger, prior to the Provisional Hearing, on August 30,2009 with any and all laboratory documentation in the possession of USADA for the Urine sample.
- USADA has met its burden of showing that probable cause exists for USADA to proceed with a charge of an anti-doping rule violation against Mr. Clinger. The Panel therefore upholds USADA’s decision to impose an provisional suspension against Mr. Clinger.
- The provisional suspension shall Mr. Clinger ineligible to participate in any “Competition or Event”.
- The Provisional Suspension shall be in effect until the final hearing has been held and an award issued by the Panel.
- Mr. Clinger shall be entitled to have his case heard pursuant to the Expedited Track set forth in Section 13 of the Protocol, if he submits to the Panel a written request for such expedited treatment within three (3) business days from September 3, 2009.
