TUE Fair or Foul Play?
 

TUE Fair or Foul Play?

30/11/2020 in General
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In my November 25 blog entry, I laid out all the events as they happened.  Today I am going to discuss TUE Fair or Foul Play.  The following is unedited testimony from the arbitration on October 22, 2020.  I found it odd how this information was overlooked by the arbitrator.  To start out, it is important to establish the guidelines set by WADA, USADA’s governing body.  Below is from the WADA ISTUE handbook discussing the timeline of how TUE’s are to be handled:

This clearly states “the TUEC must use its best endeavors to issue a decision before the start of the Event.” Below is my TUE application submitted October 15, 2019 clearly stating that I had intentions of competitions on the dates listed below.  The first two being 12 and 18 days after the application was faxed to USADA.

Why does this matter?  If USADA were to have denied my TUE prior to competition.  How would I have acted differently:
Q: Howard Jacobs A: Andrew Starykowicz

Now that the framework is set.  We will start off with testimony from the drug reference operations manager for USADA, Rick Mohr.  Here he describes what he does and when he got involved with my case:
Q: Howard Jacobs A: Rick Mohr

Pretty straight forward.  How long do you think this should take?
Q: Howard Jacobs A: Rick Mohr

The TUEC put the knowledge in Rick Mohr’s hands Oct 30, 3 days prior to Ironman Florida.  Yet it was not until November 8 (9 days later) that USADA would deliver that message via email to me.  Does this sound like “best endeavors”?

Let’s see Kate Mittelstadt’s testimony who runs Ironman’s Anti-Doping program.  Here, Ms. Mittelstadt is reasoning why I deserve a 4-year suspension for filing a TUE for Breo versus the warning that Lisa Roberts incurred for taking Breo in pure negligence.  In doing so, she let us in on a little secret on page 302, lines 4-7 and it on clarified lines 16-18.
Q: Howard Jacobs A: Kate Mittelstadt

Did you miss it?  Read lines 17 & 18 one more time.  “We (Ironman) knew he did not have a valid TUE at the time of his race.” Interesting enough, I was never notified until November 8th, 6 days after Ironman Florida.  Apparently the “best endeavors” were notifying Ironman.

At Ironman Florida, where I got tested, a men’s only pro race, the top 7 men got drug tested.  At Ironman Arizona, a women’s only pro race 2 weeks later, there was no drug testing. Is it coincidence that more pro men were tested after Ironman Florida than were tested after world championships?

Is this TUE Fair play or Foul play?

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