AAA 2013 No. 77 190 00389 13 USADA vs Hirut Beyene

18 Feb 2014

The Athlete Hirut Beyene is a long distance runner from Ethiopia and who is living and training in New York City.

USADA has reported in May 2013 an anti-doping rule violation against the Athlete after her A and B samples tested positive for the prohibited substances methylhexaneamine.
USADA notified the person of the doping violation and ordered a provisional suspension. The Athlete filed a statement in her defence and he was heard for the North American Court of Arbitration for Sport (NACAS) January 2014.

The Athlete stated she used Advil and Cytomx for her menstrual pain, provided to her by a fellow Ethiopian runner Tefera, and mentioned these on the Doping Control Form. After she tested positive for methylhexaneamine the Athlete Tefera admitted that he had mixed the Advil and Cytomax together with small amounts of two other supplements Amino Energy and Power Plant.
USADA tested these afore mentioned supplements for the presence of methylhexaneamine. The Cytomax, Amino Energy and blended powder all tested negative for the substance. USADA could not test the supplement Power Plant due to the fact that the product was out of stock and recalled by the supplement manufacturer.

Considering the circumstances the Sole Arbitrator concludes that it is more probable than not that the supplement Power Plant was the source of the prohibited substance methylhexaneamine and that the Athlete had no intention to enhance her sport performance.
Therefore the North American Court of Arbitration for Sport (NACAS) decides to impose a 4 month period of ineligibility on the Athlete starting on the date of the provisional suspension, i.e. 7 October 2013 up to 7 February 2014.

AAA 2013 No. 77 190 00462 13 JENF USADA vs Alexandra Klineman

12 Dec 2013

Respondent Alexandra Klineman is 23 year old volleyball player and member of USA Volleyball.

The United States Anti-Doping Agency (USADA) has reported an anti-doping rule violation against Respondent after her three out-of-competition samples (provided on 22 May, 19 June and 26 June 2013) tested positive for the prohibited substance dehydroepiandrosteron (DHEA).
USADA notified Respondent of the doping violation and ordered a provisional suspension. The Athlete filed a statement in her defence and she was heard for the North American Court of Arbitration for Sport Panel on 13 November 2013.

Respondent stated that her positive results were from the inadvertent ingestion of her mother’s DHEA supplement and she had no intention to enhance her sport performance.
The Panel concludes that the Respondent is an innocent athlete who tested positive by accident and did everything humanly possible to provide USADA with all the information required regarding her positive test.

The North American Court of Arbitration for Sport (NACAS) l therefore decides:
1.) Respondent has committed her first doping violation under the 2009 version of the WADA Code.
2.) Respondent has sustained her burden of proof under the WADA Code. Therefore the Panel imposes a period of ineligibility starting from the date of the sample collection of her first positive test on 22 May 2013 and continuing through 9 June 2014, a period spanning thirteen months.
3.) The parties shall bear their own attorney's fees and costs associated with this arbitration.
4.) The administrative fees and expenses of the American Arbitration Association, and the compensation and expenses of the arbitrators and the Panel, shall be borne entirely by USADA and the United States Olympic Committee.

AAA 2013 No. 77 190 00587 13 USADA vs Walter Davis

15 Apr 2014

Respondent Walter Davis is a 34-year old athlete and member of USA Track & Field.

The United States Anti-Doping Agency (USADA) has reported an anti-doping rule violation against Respondent after he failed to file his whereabouts information on three separate occasions between 1 July 2012 and 1 July 2013.

After notice Respondent waived his right to be heard for Tribunal and didn’t filed a statement in his defence.
During the preliminary hearing in January 2014, the Respondent admitted that he failed to timely submit his whereabouts information and claimed that there was no violation due to he had retired from competition. Respondent did not provide any evidence to substantiate this claim.
USADA stated that Respondent was still compelled to report his whereabouts and neither USADA nor USATF received a retirement notice from Respondent. Also USADA showed that Respondent continued to submit whereaubouts information to USADA on an intermittent basis until August 2013, more that a full year after Respondent claims he retired.

Considering the evidence, the Arbitrator of the North American Court of Arbitration for Sport (NACAS) decides to impose a 1 year period of ineligibility on the Respondent, starting on 16 April 2014 and ending on 15 April 2015.
Consequently, all competitive results, medals, points and prizes obtained by Respondent on or subsequent to 1 July 2013, the date of his third whereabouts failure, are hereby cancelled with retroactive effect.

AAA 2014 No. 01 14 0000 4694 USADA vs Mohamed Trafeh

2 Dec 2014

Facts
Claiment, the United States Anti-Doping Agency (USADA) had charged Mohamed Trafeh, the respondent, for the following violations of the Anti-Doping Rules:
1. Use and attempted use of the prohibited substance erythropoietin ("EPO").
2. Possession of EPO, trafficking and attempted trafficking of EPO
3. Trafficking and attempted trafficking of EPO.
4. Administration and attempted administration to others of EPO.
5. Assisting, encouraging, aiding, abetting, covering up and other complicity involving one or more anti-doping rule violations and/or attempted anti-doping rule violations.
6. Evading sample collection
7. Aggravating circumstances justifying a period of ineligibility greater than the standard sanction.

History
USADA's charging decision was premised on evidence it obtained from a variety of resources, including physical evidence obtained from the respondent by the United Stales Department of Homeland Security, fabricated whereabouts records, public admissions and a partial confession given to USADA's Investigator and Legal Affairs Director. On February 8, 2014, the Respondent was detained by the United Stales Department of Homeland Security (DHS) while attempting to smuggle six syringes of an "unknown substance" into the United States. The discovery of the syringes was made during a search of Respondent's luggage following his arrival at John F. Kennedy ("JFK") lnternational Airport in New York.

According to USADA records, on February 13,2014, USADA attempted to carry out an out-of-competition sample collection at Respondent's listed residence in Bouskoura, Morocco, based on the 1e quarter of 2014, Whereabouts Filing Respondent submitted to USADA on December 31, 2013. The testing attempt was unsuccessful because respondent was not at his residence as his Whereabouts Filing indicated he would be at that time. The respondent had claimed that he went to an emergency with a sick family member, and corrected his whereabouts, but later also the correction was false, he intentionally submitted false whereabouts information.
In response to receiving information regarding the potential for a reduced period of ineligibility, Respondent agreed to provide USADA with detailed information regarding the doping activities of others of which he was a ware as well as a full account of his own past doping activities.

Decision
- Respondent shall receive a period of ineligibility of four years commencing January 1, 2012 and ending on December 31, 2015. Respondent shall be disqualified from all sporting events in which he participated from the period January 1, 2012 to the date of this ruling. Furthermore, all benefits, awards, titles, medals, points, or remuneration from his participation in sport that flowed to respondent, from the period January I, 2012 to the date oft his ruling, shall be deemed forfeited and shall be returned to the relevant body.
- During his period of ineligibility, in addition to all other penalties or restrictions flowing from his ineligibility, the respondent is prohibited from participating in and having access to the training facilities or programs of the United States Olympic Committee (USOC) and any National Government body (NGB), or other programs and activities of the USOC and any NGB, including, but not limited to, grants, awards, or employment pursuant to the USOC Policies.
- The parties shall bear their own attorney's fees and costs associated with this arbitration.
- The administrative fees and expenses of the American Arbitration Association, and the compensation and expenses of the Arbitrator, shall be borne as incurred.
- This Award is in full settlement of all claims submitted to this Arbitration.
- All claims not expressly granted herein are hereby denied.

AAA 2014 No. 01 14 0000 6146 USADA vs Jon Drummond

17 Dec 2014

Facts
United States Anti-Doping Agency (USADA), claimant, charged Jon Drummond, respondent, for a violation of the Anti-Doping rules (ADR). The respondent was accused of:
- Possession of Dehydroepiandrosterone (DHEA);
- Trafficking of DHEA;
- Attempted trafficking of DHEA, human Growth Hormone (HGH), Insulin-like Growth Factor-1 (IGF-1) and/or testosterone;
- Assisting, encouraging, aiding, abetting, covering up and other complicity involving one or more anti-doping rule ADR violations and/or attempted anti-doping violations; and
- Aggravating circumstances justifying a period of ineligibility greater than the standard sanction.

History
The respondent had denied the allegations.
Respondent had been the personal coach for Tyson Gay and was also the coach of the U.S. Olympic Relay team for the London Olympic Games. In 2013 Tyson Gay tested positive for DHEA. Gay told USADA that his coach had encouraged him to use the creams from Dr. Gibson, his chiropractor, and that DR. Gibson had injected him with substances from the bag during 2012. Tyson Gay had been sanctioned with a period of ineligibility of one year.

Decision
1. Respondent violated the ADR for the possesion of DHEA.
2. Respondent violated the ADR for trafficking DHEA.
3. Respondent violated the ADR the administration of DHEA and administration of HGH and/or testosterone by assisting, encouraging, aiding, covering up and other complicity involving on or more ADR or attempted ADR.
4. The period of ineligibility was an 8 year period of ineligibility commencing on the date of this award.
5. The Administration fees and expenses of the American Arbitration Association (AAA)

AAA 2014 No. 01 14 0001 4332 USADA vs Atalelech Ketema Asfaw

9 Mar 2015

Facts
The United States Anti-Doping Agency (USADA) charges Atalelech Ketema Asfaw, the athlete, for a violation of the Anti-Doping Rules. The athlete provided an urine specimen for an in-competition test that was administered at the Marathon Movistar Lima 42K in Lima, Peru on May 18, 2014. The sample showed the presence of ephedrine above the permissible threshold. Ephedrine is a prohibited substance according the World Anti-Doping Agency (WADA) prohibited list.

History
The athlete admitted the use of the ephedrine within one day after the notification and accepted a voluntary suspension. The use of the allergy medication Benadryl was the cause for the positive test. Competing abroad she hadn't her own allergy pills and took medication from a drugstore from which the ingredients were written in the Chinese language.
Due to the fact that the athlete has a low understanding of the English language, she was unaware of her violation towards the use of this medication. Also she hadn't received any education towards prevention of doping.
Submission panel:
That Ms. Asfaw is an international athlete, having competed internationally for two different countries, and lacked any basic anti-doping education from any relevant organization, was considered by the Panel, but such factors do not outweigh her lack of overall diligence in her anti-doping obligations under the circumstances. While she may have lacked anti-doping training, she is neither young nor inexperienced. The panel finds it significant that Ms. Asfaw is an active international competitor and yet she undertook no fundamental protections or otherwise had any apparent consciousness of the anti-doping rules required of all competitors in sport. The Panel views this athlete's actions in this regard as grossly negligent or even reckless, though not intentional, but nonetheless there is no basis for a reduction in fault.

Decision
1. The athlete has committed her first doping violation according to the 2009 version of the WADA Code;
2. Respondent has not sustained her burden of proof under WADA Code to qualify for a reduction in the length of her sanction. Therefore, the Panel imposes a period of ineligibility starting from the date of the Sample collection of her adverse analytical finding, May 18, 2014 and continuing through May 17, 2016, a period of two years;
3. The parties shall bear their own attorneys’ fees and costs associated with this arbitration;
4. The administrative fees and expenses of the American Arbitration Association (AAA), and the compensation and expenses of the arbitrators and the Panel, shall be borne entirely by USADA and the United States Olympic Committee;
5 This Award shall be in full and final resolution of all claims and
counterclaims submitted to this Arbitration. All claims not expressly
granted herein are hereby denied; and
6 This Award may be executed in any number of counterparts, each of which shall be deemed an original, and all of which shall constitute together one and the same instrument.

AAA 2014 No. 77 20 1300 0604 USADA vs Geert Leinders

16 Jan 2015

Claimant, the United States Anti-Doping Agency ("USADA"), has alleged that Respondent, Dr. Geert Leinders, committed a number of doping offenses in violation of the Union Cycliste Internationale Anti-Doping Rules ("UCI ADR"), the World Anti-Doping Code ("WADC"), and the USADA Protocol for Olympic and Paralympic Movement Testing ("USADA Protocol"). Those alleged doping offenses include possession of prohibited substances and/or methods; trafficking of prohibited substances and/or methods; administration and/or attempted administration of prohibited substances and/or methods; and assisting, encouraging, aiding, abetting, covering up and other complicity involving anti-doping rule violations, USADA also asserts that the alleged doping offenses involve aggravating circumstances justifying a lifetime period of ineligibility.

For the reasons described in this award, the Panel has determined that, based on the evidence presented to it and the arguments and submissions of counsel, USADA has met its burden of proof and established to the Panel's comfortable satisfaction that Dr. Leinders committed each of the alleged doping offenses within the applicable statute of limitations.
For the reasons described more fully below, the Panel imposes a lifetime period of ineligibility as the sanction for Dr. Leinders' doping offences.

The Arbitrators therefore rule as follows:


1.) USADA has sustained its burden of proving to the Panel's comfortable satisfaction that Dr. Leinders committed the following doping offenses on or after June 22,2004:
possession of prohibited substances and/or methods; trafficking of prohibited substances and/or methods; administration and/or attempted administration of prohibited substances and/or
methods; and assisting, encouraging, aiding, abetting, covering up and other complicity involving anti-doping rule violations.
2.) The Panel imposes a lifetime period of ineligibility, commencing on the date of this Award.

AAA 2015 No. 01 15 0005 6647 USADA vs Robert Lea

5 Jan 2016

Related case:
CAS 2016/A/4371 Robert Lea vs USADA )
May 4, 2016

In September 2015 the United States Anti-Doping Agency (USADA) has reported an anti-doping rule violation against the Athlete Robert Lea after his sample tested positive for the prohibited substance noroxycodone (metabolite of oxycodone).
After notification a provisional suspension was ordered. The Athlete filed a statement in his defence and was heard for the American Arbitration Association (AAA) Commercial Arbitration Tribunal.

USADA requested the Tribunal to impose a 4 year period of ineligibility on the Athlete for the intentional ingestion of a prohibited substance while in competition.

The Athlete admitted that he had used prescribed Percocet for his athletic injuries and without intention to enhance his performance. He stated that the medication was used out of competition more than 12 hours before the next competition and argued that a 3 month suspension from competition is appropriate.

Considering the circumstances the Panel concludes that the Athlete acted with significant fault because he failed to research the ingredients before using the medication out of competition and without intention to enhance his performance.

Therefore on 5 January 2016 the Tribunal decides to impose a 16 month period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 10 September 2015.

AAA 2015 No. 01 15 0006 1251 USADA vs Greg Pizza

18 Jul 2016

In September 2015 the United States Anti-Doping Agency (USADA) has reported an anti-doping rule violation against the Athlete Greg Pizza after his sample tested positive for the prohibited substance testosterone with a T/E ratio above the WADA threshold.

After notification a provisional suspension was ordered. The Athlete then applied for a TUE with USADA which was considered and dismissed. The Athlete filed a statement in his defence and was heard for the American Arbitration Association (AAA) Commercial Arbitration Tribunal.

The Athlete admitted the violation and stated that he used prescribed testosterone for his condition starting in 2013 and with an increased treatment in December 2014 without intention to enhance his performance.

The Panel finds that the violation was not intentional and that the Athlete did not know taking his prescribed testosterone therapy was an anti-doping rule violation nor did he perceive any risk at all.
With No Significant Fault or Negligence the Panel accepts his explanation that he was under the impression that bringing his testosterone level into the "normal" range would not be an anti-doping rule violation.

Therefore the AAA Tribunal Panel decides on 18 July 2016 to impose a 12 month period of ineligibility on the Athlete starting on the date of the provisional suspension, i.e. on 11 September 2015.

AAA 2016 No. 01 16 0000 6096 USADA vs Rizelyx Rivera

31 Aug 2016

In October 2015 the United States Anti-Doping Agency (USADA) has reported an anti-doping rule violation against the Athlete Rizelyx Rivera after her sample tested positive for the prohibited substances noroxycodone and oxymorphone (metabolites of oxycodone).

After notification a provisional suspension was ordered. The Athlete filed a statement in her defence and was heard for the American Arbitration Association (AAA) Commercial Arbitration Tribunal.

The Athlete admitted the violation and requested the Panel for a reduced sanction arguing that the violation was non intentional.
She stated that she took a pill provided by her grandmother when she suffered from pain related to her menstrual cycle and at the same time she also suffered from other injuries.
The Athlete’s grandmother used Percocet (acetaminophen and oxycodone) after surgery and the Athlete made numerous attempts to obtain her grandmothers medical records in support of her statement but the Athlete’s grandmother refused to cooperate.

The Panel finds that Rivera's conduct was not "intentional": she was in an out-ofcompetition situation, she was given a single pill by her grandmother, she did not know she was engaging in conduct that might be an anti-doping rule violation nor did she know there was a significant risk that the conduct might result in an anti-doping rule violation. After due consideration, the Panel finds that Athlete falls in the middle of the "moderate" degree of fault, which results in a period of ineligibility of twelve months.

Therefore the AAA Tribunal Panel decides on 31 August 2016 to impose a 12 month period of ineligibility on the Athlete starting on the date of the sample collection, i.e. on 15 August 2015.

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