A Tale in Four Parts

by Rant on April 29, 2009 · 11 comments

in Cycling, Davide Rebellin, Doping in Sports, Lance Armstrong, Stefan Schumacher

Part 1, Where a certain cyclist ducks a bullet

(Not literally, of course)

On Friday Lance Armstrong ducked a major bullet. In a short statement on Twitter, Armstrong announced that he had been cleared of any wrongdoing by France’s anti-doping agency, the AFLD, stemming from a controversial out-of-competition screening conducted while the seven-time Tour winner was training in France in March.

As anyone who’s followed this dust-up already knows, at issue was the fact that Armstrong was out of the tester’s sight for a period of about 20 minutes while he took a shower. During that time, Johan Bruyneel made a few phone calls to verify the tester’s identity. Once everything was settled, Armstrong submitted to the tests, which included a bit of a haircut.

The big question in this case was whether or not Armstrong broke any anti-doping rules by leaving the tester’s sight. And, if he did break the rules, was he actively trying to evade testing, or was it a more innocent violation? If the AFLD had determined that Armstrong was actively seeking to evade testing, there was a possibility that he might be banned from racing in France. And that would have meant no Lance at the biggest bike race of the year, Le Tour.

Armstrong’s version of events was that the collector had given him permission to go take the shower. And, the collector had not recorded any concerns on the collection form at the time this particular test occurred. If that is true, then failing to record those concerns might well have been an error by the collector.

According to the AFLD’s press release, a letter from Armstrong to the board investigating his case appears to have helped determined his fate. Exactly what Armstrong’s letter said, I haven’t seen. But it must’ve been enough to convince the decision-makers that this was more of a misunderstanding than an actual attempt to avoid being tested. However the decision came about, all’s well that ends well for Lance Armstrong. And, not coincidentally, for the organizers of cycling’s equivalent of the Super Bowl. With the interest from fans and sponsors that Armstrong’s presence brings, the Amaury Sports Organization stand to rake in a few more euros than they would have if he were kept away.

Interesting sidebar: According to some of the articles that appeared on Friday, it turns out that Armstrong’s hair samples were not tested. And, the other samples take came up clean. Hmm. I’m thinking this was all a tempest in a teapot.

Part 2, Where another cyclist may not be so fortunate

Davide Rebellin and Stefan Schumacher are linked together again, and not because they were members of the former Gerolsteiner professional cycling team. This time, it’s because they are two of seven athletes who are alleged to have tested positive for the blood-boosting drug CERA at the 2008 Beijing Olympics. Rebellin, the silver medalist in the men’s road race, now faces a possible two-year ban from cycling, given that the offense took place in 2008, under the previous edition of the World Anti-Doping Agency’s rules. Were such an offense to occur this year, and were the authorities to find the nebulously-defined “aggravating circumstances,” Rebellin could have been facing a four-year ban. In either case, given his age, a ban could essentially end his career.

According to an article at CyclingNews.com, Rebellin has been suspended from racing and he has been summoned to a hearing by the Italian Olympic Committee (CONI) on May 4th. Rebellin’s team has also suspended him. As CyclingNews.com reports:

“According to the line against doping, we have temporarily suspended him,” said Diquigiovanni team manager, Gianni Savio. “We are shocked and dismayed, we hope the counter-analysis proves he is innocent. We hope for this because since he joined our team at the beginning of the year he has shown his talents, but also his principles.”

Interesting comment about the counter-analysis (also known as the B sample tests). They haven’t been performed yet. Have the rules on public comment changed? Wasn’t it the case that the anti-doping agencies aren’t supposed to comment on ongoing investigations until the counter-analysis has been completed?

Rebellin, denies that he’s done anything wrong and will ask that his B samples be tested. From another story at CyclingNews.com:

“My conscience is clear, I did not take anything,” he told television reporters. “I will continue forward with all of my strength to demonstrate my innocence with respect to these charges.”

Meanwhile, the manager of Rebellin’s current team expresses confidence in his rider.

“It is a huge loss for us on a sporting level, for the Giro, but it is also big moral blow. Something seems strange,” said [Gianni] Savio to Cyclingnews.

Savio spoke Wednesday morning to Rebellin, who was at his home in Monte Carlo. He was preparing to leave for Verona, Italy, to speak with his lawyer.

“It seemed impossible that he could have committed an error like this. He is well respected, has high standards and knows clearly that doping is not only a sporting offence, but also a criminal offense.”

Depending on whether or not the B sample results match the initial results, he may have to answer charges that he used a banned substance at the Olympics. Time will tell.

Part 3, Where another cyclist faces an even worse prospect

While a two-year ban would effectively end Davide Rebellin’s professional cycling career, Stefan Schumacher faces the potential for an 8-year to lifetime ban for testing positive in Beijing. That’s because he is currently serving a two-year suspension for using CERA during last year’s Tour de France. Under the rules, a second offense results in a more severe penalty. Also, under the rules, each positive doping test is considered a separate offense. So, had Schumacher tested positive on two consecutive days for CERA at the Tour de France, that would be considered two separate tests. The fact that the drug remains in a person’s system for a good long time, and that both tests likely would have come from one injection of rocket fuel doesn’t matter a whit. Even if the two positive results came a couple of weeks apart, and even if those two positives came from the same instance of doping, it still wouldn’t matter. Two positive tests, if they’re both verified by B sample results, are going to lead to a hefty punishment.

While Schumacher is ten years younger than Rebellin, if he winds up being suspended for even 8 years, it’s hard to see how he could maintain enough fitness to re-enter the professional peloton and be competitive at a high level. Schumacher is currently appealing the two-year ban imposed for the positive test result at the 2008 Tour de France. If he were to win that appeal and lose this new case, he might only face a two-year ban from the sport.

But, given how the anti-doping arbitration system works, I wouldn’t bet on Schumacher winning this first appeal. Should he lose the second case, that would result in the more severe penalty. It will be some time before we see the results of this case, too. In a later report at CyclingNews.com, it turns out that Schumacher’s B sample hasn’t been tested, either.

“The BDR has passed along documents concerning a positive retroactive doping control to Stefan Schumacher. It is now up to him to request an opening of the B sample or not,” the federation said in a brief statement.

Like Rebellin, if the B sample doesn’t confirm the A sample result, Schumacher would be back in action sooner. But don’t hold your breath. However, for Davide Rebellin, if he is found guilty of doping and handed a two-year suspension, he might be able to come back and work in cycling after the suspension is up. For Stefan Schumacher, if he gets a lifetime ban, that career option will be completely out the window.

Part 4, Where we ask: What do all these stories have in common?

There is at least one small common thread to these stories, as well as the stories of other Olympic athletes implicated in this latest scandal. Unless WADA’s anti-doping rules have changed, no information is supposed to be publicized until after the athlete admits to doping or after a B sample test confirms the initial results. In Lance Armstrong’s case, no samples came up positive, but I believe the same degree of confidentiality would apply. Not having been formally charged with anything, the matter should have been kept confidential.

But confidentiality is something that seems to be in relatively short supply when it comes to stories of positive doping tests. Perhaps the rules have been changed to allow public comment by the anti-doping agencies after only the A sample results come back positive but that doesn’t make it right. Athletes’ reputations are at stake in all of this. If, on the odd chance that a B sample result doesn’t confirm the intitial results, how do the anti-doping agencies propose to undo the harm to the reputation of an athlete who’s already been tarred and feathered by doping accusations?

It’s not so easy to repair the damage done. Which is why we shouldn’t have heard about any of these cases until actual charges were brought against the athletes.

Jeff April 30, 2009 at 3:13 pm

Several agencies and individuals have broken WADA Code by revealing the identity of accused athletes prior to the athletes in question having an opportunity to request a counter analysis. The Italian Federation (CoNI), the German Federation (BDR), and the IoC are all guilty of violating WADA Code.

We should not know about Rebellin or Schumacher being accused of doping at the olympics (very small o) at this point. Rebellin’s team manager was notified and has spoken publicly about the accusations. He’s free to do so, but would likely not have, had IoC and CoNI not gone public in contravention of their mandates. Schumacher doesn’t have a team manager to worry about. BDR was well out of line in going public in contravention of their mandate. Meanwhile, lawyers for each athlete have had to issue statements that should not have been necessary to issue, had the alphabet soup kept the issue confidential as they had committed to do so, by Code.

It’s clear there is a double standard being applied to cycling by WADA, the IoC, CoNI, and BDR. Of the seven athletes that are supposed to have triggered an AAF in retrospective testing, following the last olympics, only cyclists have been positively identified. I’ve read rumors about a Greek mid distance runner being implicated, but nothing about the others. I hope not to hear bout the others until the appropriate moment. More wrongs does not make a right. The officials that leaked Rebellin’s and Schumacher’s name owe the athletes an apology and their resignations, regardless of the guilt or innocence of the athletes involved.

While AFLD makes leaking confidential information an artform, it’s a sad day when the IoC, CoNI, and BDR follow their idiotic lead and join the WADA Code breaking bandwagon. Morons all.

Rant, interesting point about CERA having the ability to trigger multiple AAF over an etended period of time. PED’s that can be detected for long periods of time are indeed a stupid choice for an athlete to make. Some might argue the Code encourages the use of PED’s with very short detection windows? Other than an iron fist approach, which doesn’t seem to be working as well as the alphabet soup might have predicted, what is the soup doing to encourage no use of PED’s , when will the soup start following its own rules, and when will the soup decide it’s time to stop treating cycling as its near exclusive doping whipping boy and attempt to deliver more even justice??? Just wondering……

Jeff April 30, 2009 at 5:17 pm

Too late.
Six athletes are reported to have triggered 7 AAF’s at the last olympics:
http://nbcsports.msnbc.com/id/30458294/

I was wrong. The rumored Greek mid-distance runner is actually a Greek race walker.
See story for other details.

“If their backup “B” samples also come back positive, the athletes face being disqualified, stripped of medals and banned from the next Olympics.”

What is the penalty for outing the athletes in contravention of the WADA Code?

Rant April 30, 2009 at 8:45 pm

Jeff,
Since the penalties against the athletes are pretty harsh, fairness would be that the penalties for breaking the protocols on the other side be equally harsh. I’m thinking that a lab that violates the protocols should lose their accreditation for a period of time, and that if any anti-doping agency or governing body releases information then it should result in the dropping of the case.
What’s sauce for the goose is sauce for the gander, as the old saying goes.

Jeff May 1, 2009 at 1:24 pm

Rant,

Steve in ATL has some solid suggestions regarding how he would do anti-doping on another forum: http://www.dailypelotonforums.com/main/index.php?showtopic=8384
(though it is populated by far too many trolls, I do look in from time to time)

Yes the penalties for athletes breaking the rules are pretty harsh. They should be similarly harsh for alphabet soup officials violating the WADA Code. That seems only fair.

Steve in Atl doesn’t offer any guidance on how to penalize the alphabet soup for misbehavior. Here is how it could be fixed:
Official(s) found to have broken confidentiality rules get a 2 year suspension for a first offence, and possibly four years if there was a conspiracy or other circumstances related to deliberate attempts to cover up or pin the blame elsewhere. So that the alphabet soup has some incentive, the athlete goes free if the responsible official(s) cannot be determined. Alternately, a lab director or department head can take the fall for his/her employees. Should Steve in Atl’s ideas about a more reasonable and graduated system of penalties for athletes be adopted, a similar model should be adopted for officials of the soup for misconduct.
Penalizing a whole lab is probably counterproductive, but I think lab employees/officials will get the point if athletes go free or colleagues get sanctioned as a result of official misconduct.

eightzero May 1, 2009 at 2:16 pm

Jeff, the presumption is that there is someone, anyone, that wishes to penalize the Groups or responsible individuals for breaking the rules. The only ones harmed are the athletes, and they have shown little interest in making an effort to protect their rights. I see no labour movement in procycling or the olympic sports. The nearest thing was the federal case brought by Floyd Landis, and we saw how far that went.

The contract for a sporting license with a NGB is a “take it or leave it” proposition. Could an athlete harmed by the improper release of information bring a civil action against the reponsibile individuals for damages? Sure. Who would want to after seeing what happened to Floyd?

The next revision of The Code will likely see the removal of “B” sample confirmations as a requirement. No one cares, it costs money, and We Know They Are Guilty anyway.

http://www.youtube.com/watch?v=zrzMhU_4m-g

Jeff May 1, 2009 at 2:56 pm

eightzero, You are right and what you predict will likely happen wrt the B-samples and other elements wrt the pretense of respect for the athletes. The there is the alphabet soup’s inability to admit their “system” is full of fatal flaws that produce unjust judgements against those they purport to attempt to protect.

It’s unfortunate that we are experiencing the perfect storm of political agenda, those who care but are in the “they all dope” camp, and those of us who would like the system to be effective and more fair, but are either out voted/ out shouted or have too short an attention span to see things through. It’s probably a lost cause as WADA is just a “duck and cover” exercise to protect the olympic brand. The real WADA agenda has nothing to do with fair competition of promoting good health for athletes.

Please keep in mind that the euro tradition of cycling is quite different from the tradition/culture stateside. This is an overly broad generality, but the euro peloton has traditionally been made up of young men who came from meager financial means/opportunities. Contrast that with cycling officials and you’ll find the rough equivalent of a class war. Other than human nature wrt greed and power, the class disparity helps to explain the rather draconian nature of the alphabet soup, especially in cycling.

Pro riders are forced into a “take it or leave it” proposition when they take out their licenses required to race. The notion that the UCI acts as a union that represents the riders’ interests is a bad joke. That fact is underscored by UCI joining with CoNI in the near future hearing against Valverde.

Someday, pro riders will have the stones to form a real rider’s union. Why it has not happened yet is a mystery to me.

eightzero May 1, 2009 at 3:25 pm

Jeff: agreed.

NB: Bicycling Magazine has an interesting article demonstrating Cub’s Law:

http://bicycling.com/blogs/boulderreport/2009/04/30/is-the-ucis-passport-program-working/

Rant May 1, 2009 at 9:01 pm

Jeff,
Interesting stuff Steve wrote. Been a long time since I checked in on anything over there. Not sure how to resolve the penalties for labs, officials, etc. I’m all in favor of a graduated system, as Steve talks about. How could that be implemented for the labs? Maybe graduated suspensions of their accreditation? Suspension of the leaker (graduated, of course, depending on the offense, the severity, and how many times that person had released information before), if he/she could be found? I like the idea that if the leaker isn’t found, the case gets dropped. There should be a powerful disincentive to breaking the protocol. Having the case tossed would certainly be one. Maybe with the ADA/sports governing body/WADA system having to pay the athlete’s legal fees up to that point, too.

eightzero May 1, 2009 at 10:45 pm

The EU seems to be doing more sabre rattling too:

http://hellenicathletes.com/news.php?news_id=534

Jeff May 2, 2009 at 10:09 am

It seems Mr. Richard Young, primary architect of the WADA Code, may have miscalculated? I’m sure he’s boned up a bit on EU law, and while expert on U.S. law as it relates to the Code, he’s managed to underestimate European sensibilities on the whereabouts issue. More to come?

Jeff May 2, 2009 at 12:00 pm

Rant,

That other website has not been completely overrun by single issue trolls. Still a few intelligent and thoughtful posters there. Vaughn is a stand up guy and Steve in Atl is one of the good ones. While they, and a few others, are well outnumbered by trolls, there is some good info from time to time and it’s worth an occasional look.

I like Steve’s ideas about less draconian early offence sanctions, graduated penalties, and the splitting of A-Samples to be sent to different labs. The A-Sample splitting is intriguing for a number of reasons. If you are concerned about accuracy and scientific harmony within the movement, then a requirement for two independent WADA approved labs needing to agree on specific sample analysis in order for an AAF to be triggered goes a long way toward realizing those goals. The availability of a portion of the original sample for the athlete to have analyzed at his/her own expense, in the event of an AAF, is also positive. However I can’t see that scenario being played out often as two approved labs coming to the same conclusion independently would remove many objections due the possibilities/probabilities of leaks, seeking to validate a mistaken conclusion, working on samples of known athletes (not blind testing), and conspiracy or cover up.

I could agree with the only appeal going straight to CAS, if the make-up of the members sitting in judgment is altered to eliminate the distinct bias against athletes and for an IoC related career. That one is sticky and highly political.

Previous post:

Next post: