Alberto Contador, the three-time Champion of the Tour de France, has been told by the Spanish Cycling Federation that he will be suspended from competition for one year and stripped of his 2010 Tour de France title as a result of his positive test for Clenbuterol, a substance banned by the World-Anti Doping Agency.
Contador has ten (10) days to respond to the charges and present evidence to support his position that he is completely innocent because he ingested Clenbuterol by eating contaminated beef.
If the Spanish Cycling Federation’s decision is appealed, Contador’s case will head to the Court of Arbitration for Sport (“CAS”) based in Lausanne, Switzerland. A CAS Arbitral Tribunal would consider Contador’s anti-doping offense under the parameters of the World Anti-Doping Code.
Contador would face up to a two-year ban under the World Anti-Doping Code since this is first anti-doping violation. But since Clenbuterol is an “anabolic agent” the one year suspension already recommended by the Spanish Cycling Federation would almost certainly be the best Contador could hope for if his case went before a CAS Tribunal.
Under the World Anti-Doping Code, Contador is strictly liable for ingesting Clenbuterol and there is a presumption that he will receive a two-year ban from competition.
If Contador could definitively establish that he bears “no significant fault or negligence” in his ingestion of Clebuterol than he could have his period of ineligibility reduced to as little as one year. But the circumstances under which a period of ineligibility could be reduced to one year must be “truly exceptional.”
There is also the possibility, though it is very unlikely, that Contador could have a CAS Tribunal reduce his period of ineligibility to nothing if he could definitively show he bears “no fault or negligence.” But a total reduction of sanction is reserved for the rarest of cases where, for example, one athlete is sabotaged by another athlete.
The decision by CAS, the “Supreme Court” of sports jurisprudence, could only be appealed to the Swiss Federal Tribunal.
In any event, if Contador is suspended for more than six months, under a current International Olympic Committee rule, he would be banned from competing in the next Olympic Games in London in 2012. If banned by the IOC, Contador would join a growing list of athletes who would likely be bound for London save for the controversial IOC rule which will undoubtedly be challenged prior to the 2012 Olympics.
The Fallout Begins: Fenerbahce of Istanbul Terminates Taurasi’s Contract
Thursday, January 6, 2011
Phoenix Mercury guard, Diana Taurasi has lost her contract with Fenerbahce of Istanbul after the Turkish Basketball League announced Thursday that her “B” Sample was positive for the stimulant modafinil. This was Taurasi’s first season with the club after competing for the past four years with the Russian club Spartak. Taurasi had been a high scorer on the team that currently remains unbeaten in the International Basketball Federation’s (“FIBA”) European League.
The World Anti-Doping Agency, the United States Anti-Doping Agency, and the WNBA has yet to announce any consequences that Taurasi’s positive “B” sample has on her eligibility. Taurasi faces a sanction of up to two years under the World Anti-Doping Code for her use of modafinil. She would be ineligible for the 2012 Olympics and could not compete for an international basketball team during this time.
The World Anti-Doping Agency, the United States Anti-Doping Agency, and the WNBA has yet to announce any consequences that Taurasi’s positive “B” sample has on her eligibility. Taurasi faces a sanction of up to two years under the World Anti-Doping Code for her use of modafinil. She would be ineligible for the 2012 Olympics and could not compete for an international basketball team during this time.
Early Reports Indicate that Taurasi’s "B" Sample is Positive for Modafinil
Tuesday, January 4, 2011
Early reports released Monday indicate that Taurasi’s “B” sample has also come back positive for the banned substance, modafinil. Taurasi was currently serving a temporary suspension from her Turkish team, Fenerbahce of Istanbul after her “A” sample came back positive a little before Christmas.
A positive test for modafinil can result in up to a two-year sanction on international play under the World Anti-Doping Code. Taurasi would likely be issued her sanction by the United States Anti-Doping Agency ("USADA"), the U.S. arm of the World Anti-Doping Agency ("WADA") because of her past involvement with USA Basketball and the 2004 and 2008 Olympic Games.
A ban of more than six months could prohibit Taurasi from competing in the 2012 Olympic Games under a controversial IOC regulation that has yet to be formally challenged in the Court of Arbitration for Sport. This positive test, however, might have little consequences for her eligibility to compete in the WNBA, as the league does not adhere to the regulations of the World Anti-Doping Agency and thus is not subject to penalties issued by the WADA and the USADA.
http://www.courant.com/sports/basketball/hc-taurasi-doping-test-0104-20110103,0,549428.story
A positive test for modafinil can result in up to a two-year sanction on international play under the World Anti-Doping Code. Taurasi would likely be issued her sanction by the United States Anti-Doping Agency ("USADA"), the U.S. arm of the World Anti-Doping Agency ("WADA") because of her past involvement with USA Basketball and the 2004 and 2008 Olympic Games.
A ban of more than six months could prohibit Taurasi from competing in the 2012 Olympic Games under a controversial IOC regulation that has yet to be formally challenged in the Court of Arbitration for Sport. This positive test, however, might have little consequences for her eligibility to compete in the WNBA, as the league does not adhere to the regulations of the World Anti-Doping Agency and thus is not subject to penalties issued by the WADA and the USADA.
http://www.courant.com/sports/basketball/hc-taurasi-doping-test-0104-20110103,0,549428.story
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