We conclude that a doping offense under the UCI Regulations took place by reason of the failure of Respondent to appear for post- competition testing which she did not dispute, following the conclusion of the road race at the La Fleche Wallone on April 21, 2004.
Respondent was negligent and subject to sanction in accordance with UCI Regulation, Article 132.
Respondent disproved the presumption that she refused to take the test.
Based on the testimony and written exhibits presented, and taking into account the facts and circumstances surrounding the events which took place on April 21, 2004 on the occasion of La Fleche Wallonne competition, as UCI Regulation, Article 124 authorizes, and having taken into account the few precedents with respect to failures on the part of athletes to appear for prescribed testing, a warning should be issued to the Respondent as authorized by UCI Regulation, Article 132.
The fee will be borne by the claiment.
The administrative fees and expenses of the American Arbitration Association and the compensation and expenses of the arbitrators shall be borne entirely by USADA.
