Shutting Down the Pharmacy on Wheels: Will Lance Armstrong’s Admission Impact the Practice of Doping in Professional Cycling? / Kristina Fretwell. - (Pace I.P., Sports & Entertainment Law Forum 4 (2014) 1 (Winter); 6 : p. 177-207)

Abstract

Lance Armstrong was one of the sport’s greatest heroes and his doping admission shook the American public to its core. Although professional cyclists are sanctioned for violating anti-doping rules on an almost regular basis, the investigation and lifetime ban of Lance Armstrong highlighted the serious problems facing the sport. Increased efforts to police drug use in cycling appear to be ineffective; however, as Armstrong’s situation may reveal, private law-suits have the potential to serve as a new and additional deterrent to cheating in the future.

The aftermath of Armstrong’s admission has led to bickering of the major regulatory agencies, leading the general public to question whether the sport will ever be clean. This Article explores the impact Armstrong’s doping admission might have on the sport of professional cycling in the future, as well as the history of doping in cycling.

In February 2016 Sport Ireland (Spórt Éireann) has reported an anti-doping rule violation against the Athlete IS 4265 for his refusal to provide a sample for drug testing.
After notification the Athlete filed a statement in his defence and the was heard for Sport Ireland.

The Athlete lives in the United Kingdom and is a partially sighted Parathlete who underwent an doping control conducted by a Doping Control Officer of the United Kingdom Anti-Doping (UKAD).
The Athlete gave a prompt admission to Sport Ireland and argued that he alreay had submitted to Cycling Ireland a written notice that he was withdrawing from the National Squad with immediate effect. The reason for this was that Cycling Ireland had been unable to find a suitable tandem pilot for him.
As regards his degree of Fault, he finds that his refusal to provide a Sample was a rash judgment which he regrets.

UKAD procedures require an athlete with an impairment to have a witness. Mr IS-4265 feels he does not need a witness and is perfectly capable of completing the paperwork and undergoing the test himself. On the day the Anti-Doping officers visited he was unable to locate a suitable witness which he is required to have. On that basis the test could not be conducted.
He stated that he grew increasingly frustrated when his partner or son were repeatedly required to interrupt their day and act as a witness. The Doping Control Officer arrived at approximately 8am and if he had provided the blood and urine samples, Mr IS-4265 asserted that his partner would have been late for work and her children late for school. Further, Mr IS-4265 was due to begin a new job on that morning.

Considering the circumstances of the violation and his degree of fault Sport Ireland decides on 20 September 2016 to impose a 2 year and 6 month period of ineligibility on the Athlete IS- 4265.

In April 2018 Sport Ireland (Spórt Éireann) has reported an anti-doping rule violation against the Canadian Athlete IS-5671 after her sample tested positive for the prohibited substances 1,3-Dimethylbutylamine (1,3-DMBA) and Higenamine. After notification the Athlete gave a prompt admission, waived her right to be heard and accepted the sanction proposed by Sport Ireland.

The Athlete explained with evidence that during her stay in Ireland she had used a supplement (XMBurn) as replacement for her B12 supplement she was using in Canada. As she believed that she had used a B12 supplement she mentioned this on the Doping Control Form. She demonstrated with internet webpage evidence that the supplement in question contained Higenamine and DMBA.

Sport Ireland accepts the Athlete’s explanation and evidence and finds that she established No Significant Fault or Negligence and how the substances entered her system. Here Sport Ireland also finds that the Athlete conducted insufficient research and checks of this supplement before using.

Considering the Athlete’s degree of fault and her prompt admission Sport Ireland decides on 14 August 2018 to impose a 14 month period of ineligibility on the Athlete IS-5671 starting on the date of the sample collection, i.e. on 29 October 2017.

In December 2019 Sport Ireland (Spórt Éireann) has reported an anti-doping rule violation against the wrestler IS-6515 after is sample tested positive for the prohibited substance Cannabis in a concentration above the WADA threshold. After notification the Athlete gave a prompt admission, waived his right to be heard, accepted a provisional suspension and the sanction proposed by Sport Ireland.

The Athlete denied the intentional use and explained that the use of the substance was unrelated to sport performance. As a result Sport Ireland accepts that the violation was not intentional and holds that he gave a prompt admission. He established No Significant Fault or Negligence and explained how the substance entered his system.

Therefore Sport Ireland decides on 28 January 2020 to impose a 3 month period of ineligibility on the Athlete IS-6515 starting on the date of the admission, i.e. on 16 December 2019.

In September 2019 Sport Ireland (Spórt Éireann) has reported anti-doping rule violations against the football player SI-6515 for tampering, evading sample collection, or without compelling justification refusing or failing to submit to sample collection. After notification a provisional suspension was ordered. The Athlete filed a statement in his defence and he was heard for the Irish Sport Anti-Doping Disciplinary Panel.

In this case the Doping Control Officers reported that during the sample collection in April 2019 the Athlete received telephone calls on his mobile phone from his partner that his 4 year old daughter had fallen from a height and needed medical treatment in a hospital. The Athlete remained in the Doping Control Station but after many attempts the Athlete could only produce a partial sample. The Athlete became more stressed and anxious and after 2 hours he left the Doping Control due to concerns about the health of his daughter while he was warned by the DCOs about the consequences. Furthermore the DCOs testified that the Athlete during the Doping Control acted in a sincere and fully cooperative manner.

Sport Ireland contended that the Athlete failed to submit to sample collection after notification without compelling justification. Furthermore it contended that the Athlete misled the DCOs through incorrectly asserting that his daughter was in hospital thereby necessitating him to leave the Doping Control Station without providing a full sample.

The Athlete’s partner testified and confirmed that their daughter fell and struck her head. She made angry telephone calls to the Athlete urging him to come home and to bring their daughter to the hospital.
No doctor was ever called and the daughter didn’t go to the hospital because when the Athlete returned home her temperature had gone down ans she was in better form on seeing her father.

The Panel accepts the evidence that the Athlete failed to provide a full sample and that the Athlete was notified that his failure to provide a full sample constitute a violation. Looking at the matter objectively, the Panel is not satisfied that the Athlete has established on the balance of probabilities a compelling justification for failing to give a sample. Sport Ireland has established to the comfortable satisfaction of the Panel that the Athlete has committed an anti-doping rule violation in this matter.

Considering the evidence, it has not been established to the comfortable satisfaction of the Panel that the Athlete’s failure to provide a full sample and leaving the Doping Control Station without providing a full sample was motivated by a desire to subvert the Doping Control process or that he has committed an anti-doping rule violation for tampering. In the circumstances the Panel deems that the Athlete’s conduct was not intentional although without grounds for No Significant Fault or Negligence.

Therefore the Irish Sport Anti-Doping Disciplinary Panel decides on 13 December 2019 to impose a 2 year period of ineligibility on the Athlete SI-6516 starting on the date of the provisional suspension, i.e. on 9 September 2019.

Summer 2019 the Cologne Lab reported to Sport Ireland (SI) an Atypical finding for the prohibted substance Nandrolone regarding the weightlifter IS-7146.

SI kept the Atypical Finding confidential and did not notify the Athlete pending the outcome of their investigation it had opened. For this reason SI collected 7 samples out-of-competition from the Athlete between August 2019 and February 2020.

In August 2020 SI reported an anti-doping rule violation against the Athlete SI-7146 after he refused to provide a sample out-of-competition as part of SI's investigation. After notification a provisional suspension was ordered in September 2019.

Further SI reported in August 2020 a second anti-doping rule violation for the use of Nandrolone after the Cologne Lab had identified the use of this substance by the Athlete at some point prior to the test in the summer of 2019.

In his defence the Athlete explained about his refusal that he was tested several times the last 18 months without any reason why he was tested so often. Also due to the COVID-19 he felt uncomfortable to be tested at his home as he wanted to project his family and so he didn't want to be in a small space with the DCO and the chaperone.

SI concludes that the Athlete failed to establish a compelling justification for his refusal to submit to sample collection. Further it rejected the Athlete's objections and contended that it had robust COVID-19 procedures in place in full compliance with the WADA-guidelines on testing during the pandemic.

Since the Athlete failed to respond before the set deadline SI deemed that the Athlete has admitted the violations, waived his right for a hearing and accepted the ban and applicable sanctions. SI deems that the two anti-doping rule violations are to be considered as a single first violation and the sanction based on the violation that carries the more severe sanction. 

Therefore Sport Ireland decides on 12 October 2020 to impose a 4 year period of ineligibility on the Athlete IS-7146 starting on the date of the provisional suspension, i.e. on 10 September 2020.

In March 2020 Sport Ireland has reported an anti-doping rule violation against the Gaelic football player IS-7130 after his sample tested positive for the prohibited substance Meldonium.

After notification the Athlete gave a prompt admission, waived his right for a hearing and accepted the sanction proposed by Sport Ireland.

Therefore Sport Ireland decides on 8 April 2020 to impose a 4 year period of ineligibility on the Athlete IS-7130 starting on the date of the sample collection.

In January 2020 Sport Ireland (IS) reported an anti-doping rule violation against the swimmer IS-7131 after his sample tested positive for the prohibited substance Clostebol. After notification the Athlete gave a prompt admission, waived his right for a hearing and accepted the sanction proposed by Sport Ireland.

The Athlete denied the intentional use of the substance and asserted that he bears No Significant Fault or Negligence supported by detailed evidence he filed. He explained that he suffered from eczema on his hands since childhood and that he used prescribed cream Denvercort that doesn't contain prohibited substances.

He stated that at the relevant time he was under a great deal of stress and the day before the sample collection he had used the cream to stop the itching on his hands so he could sleep. However he was unaware that he was using an incorrect cream Trofodermin that contains Clostebol while its tube looks very similar to Denvercort.

The Athlete could not explain how the Trofodermin cream came in his possession since he had not purchased the cream and it appeared to be only available in Italy and in Brazil. To explain the cream in his possesion he had contacted athletes he roomed with since 2018 and every friend and family member he hollidayed with since 2018.

SI accepts that the violaton was not intentional and that the Athlete established grounds for No Significant Fault or Negligence. The Athlete demonstrated with evidence how the prohibited substance entered his system and that the positive test was the result of mistaken identity in terms of the two creams.

Further SI considers that the Rome Lab confirmed that the found concentration Clostebol in the Athlete's sample was consistent with his use of the cream the day before the sample collection.

Therefore Sport Ireland decides on 22 May 2020 to impose a reduced 12 month period of ineligibility on the Athlete IS-7131 starting on the date of the sample collection.

In September 2020 Sport Ireland (SI) has reported an anti-doping rule violation against the Athlete IS-7147 after his A and B samples tested positive for the prohibited substance LGD-4033 (Ligandrol). After notification the Athlete gave a timely admission, waived his right for a hearing, accepted a provisional suspension and the sanction proposed by SI.

The Athlete could not explain the presence of the prohibited substance in his samples and he notified SI and Triathlon Ireland of his retirement.

Therefore Sport Ireland decides on 15 October 2020 to impose a 4 year period of ineligibility on the Athlete IS-7147 starting on the date of the sample collection, i.e. on 22 July 2020.

In November 2021 Sport Ireland has reported an anti-doping rule violation against the Athlete SI-8568 after his sample tested positive for the prohibited substance Cocaïne. The Athlete had only a valid retroactive TUE received for the use of another prohibited substance.

After notification the Athlete gave a prompt admission, waived his right for a hearing, accepted a provisional suspension and the sanction proposed by Sport Ireland. The Athlete acknowledged that he had used the substance out-out-competition in a context unrelated to sport performance.

Because Sportt Ireland accepts that the violation was not intentional and the Athlete had signed and submitted the Acceptance of Consequences Form he received a reduced sanction.

Therefore Sport Ireland decides on 15 July 2022 to impose a 3 month period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 8 November. Due to the Athlete already had served the sanction he is free to compete.