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Chinook Track and Field

Sunday May 11 2008

THROWING NEWS

LAST UPDATED ON Friday October 31 2003

Arbitration panel backs US Track & Field in drug dispute

By Stephen Wilson, Associated Press
January 10, 2003

LONDON (AP) -- An arbitration court ruled Friday that USA Track & Field does not have to release the names of 13 athletes who failed drug tests from 1996-2000.

The decision by the Court of Arbitration for Sport in Lausanne, Switzerland, ended a long-running dispute between the U.S. federation and the sport's world governing body.

The case centered primarily on an unidentified American athlete who tested positive for steroids but was cleared on appeal and competed at the 2000 Sydney Olympics.

Friday's ruling means the athlete's name will not be disclosed.

The arbitration panel said the International Association of Athletics Federations' rules did compel members to provide the names of athletes who test positive for banned drugs. But it said IAAF officials had refused or neglected to specify the rule to USATF.

"As a matter of principle, CAS decided that the IAAF was entitled under its rules to disclosure of all positive results obtained in the course of testing by USATF," the court said. "However, after considering all the relevant circumstances, CAS decided that there existed a valid reason in this case as to why USATF should not now be ordered to disclose the information requested by the IAAF."

The panel said it would be unfair to disclose names now.

"The case clearly concerns the lives, livelihoods and reputations of 13 athletes who no doubt have every reason to wonder why questions, which they thought were solved should now be reopened," the panal said. "In the opinion of the panel, they should not be."

The court ruled that neither side had "prevailed" in the case and ordered both to share the legal costs of the hearing.

After years of public feuding, USATF and the IAAF agreed last July to take their dispute to arbitration for a final, binding ruling.

USATF said privacy rules in effect at the time prohibited it from identifying athletes who tested positive until they were found guilty at the end of an appeals process.

The position drew harsh criticism from IOC president Jacques Rogge and other Olympic officials. World Anti-Doping Agency chairman Dick Pound had urged the IAAF to expel the USATF.

The rules changed after drug testing in the United States was taken over in October 2000 by the U.S. Anti-Drug Agency. Names of athletes who fail drug tests are now released.



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