LaTasha Jenkins and Valpo Sports Law Clinic win case against U.S. Anti-Doping Agency - Friday, December 14, 2007

The arbitration panel in the case of the United States Anti-Doping Agency vs. LaTasha Jenkins has set aside her test results, thereby clearing her of allegations of using performance-enhancing drugs. Ms. Jenkins, who is now free to return to competition, was represented by the Valpo Sports Law Clinic, a service of Valparaiso University School of Law.

The hearing was held October 29-30, 2007, in Raleigh, North Carolina, before the panel of three arbitrators from the American Arbitration Association. It ruled that the routine drug test, which Ms. Jenkins agreed to at a 2006 International track meet in Belgium, was not conducted in accordance with World Anti-Doping Agency (WADA) rules.

According to available records, this is the first case in which an athlete has sucessfully defended against an allegation of doping brought by the United States Anti-Doping Agency (USADA). Valpo Sports Law Clinic Director Michael Straubel argued the case, along with four third-year Valparaiso Law students who are Clinic members.

“It’s a good day for athletes. The panel acknowledged that an allegation of doping is a serious matter which profoundly affects an athlete, and laboratories therefore must ensure the highest scientific reliability of the testing process,” Professor Straubel said. “We support efforts to stop the use of performance-enhancing drugs and are proud of our work in this case.”

Ms. Jenkins had accepted a provisional suspension, pending a hearing, in October 2006. Straubel and his team argued that Ms. Jenkins’ test results were both ethically and scientifically compromised, since both labs testing her sample violated an international standard requiring that tests be run by two different technicians.

USADA will now notify USA Track and Field, the International Association of Athletic Federations (IAAF) and WADA of the arbitration panel’s decision which clears Ms. Jenkins for future competition.

Ms. Jenkins, who competes in the 100 and 200 meter sprint events, is considering resuming her effort to qualify for the 2008 U.S. Olympic Team. She won the silver medal at the 2001 World Track Indoor Championships and the bronze medal at the 2001 World Track Championships. The bronze medal is due to be upgraded to silver, following the disqualification of Marion Jones for using performance-enhancing drugs.

“This addresses a crucial issue emerging in sports law,” Straubel said. “Has the science been done well? Anti-doping enforcement relies heavily on still-developing science. The standard these labs violated is a safeguard that prevents labs from providing doctored results to mask testing process error or to intentionally harm the athlete’s standing. The burden of proof is on the laboratory to demonstrate that both the science and ethics of the test were properly managed. Assertions of propriety are partial and therefore not reliable proof.”

The Valpo Sports Law Clinic was founded in 2005 and provides need-based pro bono legal assistance to amateur athletes and coaches. The clinic has handled numerous national, state and local cases and operated on site at the 2006 Winter Olympic Games in Turin, Italy.

For more information:
Tom Shaer
Media Relations Consultant, Valparaiso University School of Law
224-305-2551
shaermedia@aol.com
www.sportslawclinic.org and www.valpo.edu/law