CAS 2004/O/649 USADA vs Chryste Gaines - Award on Jurisdiction
On 24 December 2004, the Court of Arbitration for Sport Panel rendered its unanimous decision on Respondents' Motion. The Panel unanimously dismissed Respondents' Motions and affirmed the jurisdiction of the CAS in both of the present cases.
The Panel has considered carefully the many documents submitted by the parties which describe and define the rights and responsibilities of the various bodies involved in doping control and adjudication in the United States, and which establish the framework for the exercise of those rights and responsibilities, including the arbitration of disputes.
The Panel has also reviewed the legal authorities filed by the parties and drawn to the Panel's attention during the 15 December 2004 hearing. In those undertakings, the Panel has been greatly assisted by the cogent, albeit conflicting, submissions made by the parties' counsel in writing and orally.
The Panel is unanimously of the opinion that both the letter and spirit of the various understandings, agreements and protocols binding on the relevant sport bodies and their members and athletes, support the conclusion that the authority and responsibility to prosecute the present cases resides in USADA. In particular, the Panel rejects the Respondents' claim that non-analytical positive doping cases could only be prosecuted, in the circumstances of these cases, by USATF.
The notional division of anti-doping responsibilities that Respondents postulate, as between USATF and USADA, does not accord with the facts. USADA was established as an independent entity with responsibility over doping control and adjudication. That responsibility extends beyond "drug testing" and covers all cases of alleged doping violations. It possessed, and possesses, full authority to prosecute these cases.
For all of the foregoing reasons, the Court of Arbitration for Sport hereby decides on 9 February 2005:
1.) The Respondents' Motions to Dismiss for Lack of Jurisdiction filed respectively by Mr. Montgomery on 12 November 2004 and Ms. Gaines on 15 November 2004 are dismissed;
2.) The jurisdiction of the CAS in cases no. 2004/O/645 and 2004/O/649 is affirmed.
