Ms. Brooke Blackwelder is a racing cyclist in the elite class category.
On June 17, 2001, the Hewlett-Packard LaserJet Women’s Challenge Road Race (HP Race), Blackwelder was selected randomly to provide a urine sample. An analysis of the urine at the UCLA Lab resulted in an A sample analysis finding of the prohibited anabolic steroid 19-norandrosterone.
Blackwelder requested that the B sample be tested. The B sample confirmed the positive results of the A sample analysis.
Blackwelder was subject to a disqualification from the event at which the sample was taken; a suspension for one year, and a fine of SFr. 1,000.
Blackwelder does not contest the laboratory analysis, but does, however, contest the reliability of the single or sport urine test as a method of the detection of doping. Specially, Blackwelder asserts that the hydration level of the person providing the urine sample and the specific gravity of the urine sample may affect the spot urine test’s reliability for the detection of doping. Blackwelder’s position is that the finding of the level of 19-norandrosterone in het urine sample was the result of natural production by her. Blackwelder is not claiming that the presence of 19-norandrosterone in het urine sample was caused by a dietary or nutritional supplement.
On the basis of the evidence taken, the Panel is convinced that, at the time the urine sample was taken, a prohibited substance, under the UCI Anti-Doping Examination Regulations (UCI AER), was present in Blackwelder’s urine. She was not able to present any evidence to require any other conclusion but that a doping violation had occurred. Under the applicable rule the Panel has no choice in view of that positive finding but to conclude that Blackwelder violated the UCI AER’s provisions, not matter how unwittingly, and should be sanctioned.
The North American Court of Arbitration for Sport Panel decides as follows:
- A doping infraction occurred and Blackwelder is disqualified from the HP Race.
- A suspension of eight months is ordered commencing 17 May, 2002, the date of this award.
The administrative fees and expenses of the American Arbitration Association and the compensation and expenses of the arbitrators shall by borne entirely by USADA.
