On March 25, 2004, Respondent gave a urine sample at the Redlands Classic in Redlands, California. In the A and B sample the presence of Oxymetholone metabolites was found. The USADA agrees that this violation is subject to sanction under UCI AER Article 130.1, a first offence, other than intentional doping.
The Evidentiary Hearing took place on November 8, 2004. Respondent argued that the penalty sought by USADA should be reduced substantially. He contended that the circumstances surrounding the offence, his character, age and experience, the gravity of the consequences of the penalty for his social, sporting and economic position, the risk to his professional career, and his normal discipline and programme all support the contention that the penalty should be no more than six moths. He also sought credit for the voluntary suspension served thus far and requested that a fine be waived due to his economic situation.
Decision and award: A two-year period of ineligibility
beginning from March 25, 2004, imposed on UCI Regulations AER 130. All competitive results after that date are cancelled (AER 143). No access to the training facilities of de USOC Training Centers or other programs and activities of the USOC, including grants, awards, or employment is imposed. Pursuant to Respondent was a TT/III licence-holder for three months in 2004. Therefore, in accordance with AER 128 a fine is reduced proportionally to 165 CHF.
The administrative fees and expenses of the American Arbitration Association and the compensation and expenses of the arbitrators shall by borne entirely by USADA.
