Duane Dickey, the Respondent, competed in the Vuelta de Guatemala during October 2001. On October 28, 2001, during the course of that competition, the Respondent was selected for a doping control test. The specimen of Respondent, along with 51 other samples, were all sent to Montreal, Canada, for testing and received on November 9, 2001.
The results of that testing were positive for the substances Phentermine, Boldenone and Nandrolone. All of those substances are prohibited by the UCI Regulations. The Respondent admits to having voluntarily taken Phentermine during the course of the competition, and that he did so for the purpose of providing him with extra energy in the mornings, a period of time during which he had been feeling tired and lethargic.
Respondent claimed that while he took the Phentermine in order to give himself more energy, that he had checked a condensed version of the USADA banned substance list taken from the USADA web site, and that he did not see Phentermine specifically identified.
Respondent denied any knowledge of how the other two substances Boldenone and Nandrolone came to be in his system. He did not even suggest that those substances were given to him by a third party without his knowledge.
Respondent attacked that showing on several grounds:
- That there were irregularities in the sample collection process in Guatemala;
- That there were irregularities in the intra-laboratory chain of custody documentation of the A specimen and A sample aliquots’ during the A sample confirmation testing; and
- That the testing conducted by the laboratory departed from the standard operating procedures of the laboratory as certified to the IOC.
The Respondent failed to establish errors in the specimen collection, the chain of custody, or the testing process.
Taking into account the Respondent’s age, competitive level, past history, and all the other factors in this case, it is the finding of the North American Court of Arbitration for Sport Panel that Respondent be suspended from U.S.A. Cycling and UCI sanctioned competitions for a period of time through and including Monday, September 1, 2003.
The administrative fees and expenses of the American Arbitration Association and the compensation and expenses of the arbitrators shall by borne entirely by USADA.
