In September 2022 the United States Anti-Doping Agency (USADA) has reported an anti-doping rule violation against the weightlifter Robert Scavilla (62) after his A and B samples - provided in Puerto Rico - tested positive for the prohibited substance Dehydrochlormethyltestosterone (DHCMT).
After notification a provisional suspension was ordered. The Athlete filed a statement in his defence and he was heard for the American Arbitration Association Commercial Arbitration Tribunal.
The Athlete accepted the test results, denied the intentional use of the substance and requested for a reduced sanction. He could not explain how the substance had entered his system whereas as a clean weightlifter he carefully had checked and researched the labels of the products he used.
Analysis of a supplement in question in a Laboratory revealed no prohibited substances. Other supplements and medications he had used were not analysed in a laboratory in order to establish contaminants.
The Athlete asserted with his expert witness that the long term M3 metabolite of the DHCMT must have entered his system before June 2016 when he joined USA Weightlifting (USAW) and he became subject to the Code.
USADA contended that the Athlete was a subject to the Code when he used the DHCMT whereas his use did not take place before 2016. USADA and its expert witnesses deemed that the Athlete only has offered theories of what could have been the source of the DHCMT.
Following assessment of the evidence the Sole Arbitrator determines that the Athlete was a member of USAW and subject to the Code when he ingested DHCMT. He also finds that USADA has demonstrated that the DHCMT M3 detected in the Athlete's sample was ingested after June 2016.
The Sole Arbitrator deems that the Athlete failed to demonstrate the possible source of the DHCMT with corroborating evidence. As a result the Athlete failed to establish on a balance of probabilty that the violation was not intentional.
Therefore the AAA Tribunal decides on 10 March 2023 to impose a 4 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 7 September 2022.
