The Respondent, Adham Sbeih, is an elite-level athlete in the sport of cycling. In 2003, he became the United States National Champion in the 4-kilometer pursuit track event. On August 26, 2003, Respondent provided an urine sample at the USA Cycling Elite Track Nationals in Trexeltown, Pa. at the request of USADA. The A and B sample were tested positive for r-EPO.
Respondent contended at the hearing that there was an improper interpretation of the electropherogram related to his sample and that therefore there was not sufficient evidence of a doping offense for r-EPO, if he is found to have committed a doping offense, the penalty should be reduced from two years to 11 months.
Decision and award:
- The Panel finds that there is insufficient evidence from either side as to any theory on how the r-EPO got into Sbeih’s body.
- The minimum suspension for a first offender of two (2) years to take place effective from August 26, 2003, is imposed on Respondent pursuant to UCI Regulations, Art. 130.
- All competitive results that occurred on or after August 26, 2003, are cancelled.
The administrative fees and expenses of the American Arbitration Association and the compensation and expenses of the arbitrators shall by borne entirely by USADA.
