November 28/06 5:09 am - Genevieve Jeanson Accepts Offer to Settle from the USADA
Posted by Editor on 11/28/06
Genevieve Jeanson Accepts Offer to Settle from the USADA
Expert's report concludes that Jeanson produces "false positives"
Canadian cyclist and U.S. resident Genevieve Jeanson has announced that she has accepted an offer to settle from the United States Anti-Doping Agency (USADA) related to a urine sample taken July 25, 2005, which tested positive for erythropoietin (EPO).
After initially seeking a life suspension, USADA offered Ms. Jeanson a reduction of her ineligibility period to two years beginning July 25, 2005 and ending next July 25.
The agreement stipulates that neither party is changing its respective position. It says explicitly that the agreement does not constitute an admission to the use of EPO by Ms. Jeanson. The purpose of the agreement is "to take into account all of the circumstances of the matter and to avoid the mutual burden of going forward with the AAA/CAS hearing." The full text of the agreement may be found below.
"After careful consideration, I've decided to accept USADA's offer," explained Ms. Jeanson. "The proposed agreement satisfies my two main concerns:
- First of all, it is clearly indicated that the agreement does not mean that I admit to having used EPO, which is a crucial point for me.
- Second, I will finally be finished with this dispute, which has been taking far too much space in my life, draining all my energy for many months. I've learned the hard way the meaning of the proverb - 'a bad agreement is better than a good lawsuit'. If I go into arbitration, win or lose, I shudder at the mere thought of the possible appeals. USADA's offer allows me to get on with my life."
"I have never in my entire career taken EPO, or any other banned substance," repeated Ms. Jeanson. "After the USADA informed me that I had tested positive in July 2005, I did some research to figure out how this could have happened. I secured the help of a reputable professor and researcher at Ghent University in Belgium, Dr. Joris Delanghe. I am very grateful that he graciously offered to investigate my case."
Dr. Delanghe's work has already shown that some athletes produce urine samples that generate false positives to EPO when the samples are collected after strenuous exercise - as was the case with Ms. Jeanson's urine sample on July 25, 2005. She provided the urine sample just after completing the very challenging prologue to the International Tour de Toona at an average speed of more than 40 km/h.
Dr. Delanghe's research has already exonerated Belgian triathlete Rutger Beke by demonstrating that he produced false positives.
Dr. Delanghe analyzed the circumstances around the collection and analysis of the sample on July 25, 2005. He also took urine samples from Ms. Jeanson after strenuous exercise and subjected them to the appropriate tests.
Dr. Delanghe produced an expert report, which was submitted to the USADA in the course of the preparation for the AAA/CAS hearing.
Dr. Delanghe came to the four following conclusions:
- The pre-analysis quality of the sample collected on July 25, 2005 was not sufficient to obtain a reliable analysis result.
- In the case of severe exercised-induced proteinuria (like in Jeanson's case), there is a serious concern about the validity of the EPO test.
- The negative results of a sample taken three days later (note: by the World Anti-Doping Agency) question the positivity of the July 25 sample.
- A detailed analysis of the pherogram suggests the presence of EPO-like proteins in Ms. Jeanson's urine.
The report further states, "Genevieve Jeanson produces specific urinary proteins which are cross reacting with monoclonal antibody AE7A5 as used in the epo test by UCLA."
(The summary can be found at veloptimum.net)
"I know that I'll never be able to convince everyone of my innocence," Ms. Jeanson said. "Innocence cannot be proven. But Dr. Delanghe's work has shed light on the probable causes of the incident on July 25. I want to thank him for his interest in my case, as I would like to thank everyone who helped and supported me during this difficult period of my life."
When asked about whether she will return to competition, Ms. Jeanson replied, "I'm 25 and I still have a lot of good years ahead of me. But accepting the USADA's offer was a difficult decision. Other decisions will wait."
This agreement ("Agreement"), is made as of November 1, 2006 by and between Genevieve Jeanson ("Ms. Jeanson") and the United States Anti-Doping Agency ("USADA"), (collectively the "parties") for the purpose of resolving the charges against Ms. Jeanson as set forth in this Agreement.
1. USADA is a nonprofit, nongovernemental agency incorporated in the state of Colorado, which conducts the results management of alleged doping violations involving certain athletes in the U.S. Olympic and Paralympic movement. USADA has its principal offices at 1330 Quail Lake Loop, Suite 260, Colorado Springs, Colorado 80906.
2. Ms. Jeanson is an elite level athlete in the sport of cycling.
3. By letter dated January 18, 2006, USADA charged Ms. Jeanson with violating the Union Cycliste Internationale ("UCI") Anti-Doping Rules, and sought a penalty of a life time period of eligibility as described in Article 10 of the WADA Code, from UCI, USA Cycling ("USAC") and United States Olympic Committee ("USUC") activities and the disqualification of all applicable competitive results.
4. Ms. Jeanson acknowledges that USADA's charges are based on her urine Sample #491880 provided on July 25, 2005, as part of the USADA Out-of-Competition testing program, being reported by the World Anti-Doping Agency ("WADA") accredited laboratory at UCLA (UCLA Laboratory") as positive for the prohibited substance recombinant human erythropoietin ("EPO").
5. Ms. Jeanson, by entering this Agreement or otherwise, does not admit to the use of EPO.
6. Ms. Jeanson and USADA are parties to an adjudication conducted under the USADA Protocol for Olympic Movement Testing ("USADA Protocol") regarding Ms. Jeanson's alleged violations of the UCI Rules. The matter was to be heard before a three-member American Arbitration Association/North American Court of Arbitration for Sport arbitration panel ("AAA/CAS Panel") to be held on December 12, 2006.
7. Both parties acknowledge that they are not changing their respective positions by agreeing to this Agreement, but seek to end this matter without further process.
NOW THEREFORE, to take into account all of the circumstances of the matter and to avoid the mutual burden of going forward with the AAA/CAS hearing, and to further resolve all differences between them, the Parties hereby stipulate and agree as follows:
8. Ms. Jeanson acknowledges that the positive test report from the UCLA Laboratory is a violation of the applicable rules, including the USADA Protocol and the UCI Anti-Doping Rules, both of which have adopted the WADA Code, and accepts the following:
- A two-year period of ineligibility under Article 10 of the WADA Code beginning on July 25, 2005; and,
- Pursuant to Article 10 of the WADA Code, disqualification of all competitive results obtained on or subsequent to July 25, 2005, including forfeiture of any medals, points and prizes; and,
- A two-year period of ineligibility beginning on July 25, 2005 from participating or coaching in U.S. Olympic, Pan American Games or Paralympic Games Trials, being a member of any U.S. Olympic, Pan American Games or Paralympic Team and having access to the training facilities of the United States Olympic Committee ("USOC") Training Centers or other programs and activities of the USOC including, but not limited to, grants, awards or employment as set forth in Section 6 of the USOC Anti-Doping Policies and further defined by Annex C therein; and,
- Suspension of USOC benefits pursuant to Annex C of the USOC Anti-Doping Policies.
9. Also, in accordance with USADA's Protocol and the USOC Anti-Doping Policies, in order to regain eligibility Ms. Jeanson must comply with all requirements of the USADA Out-of-Competition testing program and the requirements of other applicable reinstatement testing rules during the period of her ineligibility, including the requirement to update USADA of her location so that Ms. Jeanson may be tested. In order to regain eligibility, Ms. Jeanson acknowledges and accepts that she must also comply with the requirements of the UCI Rules.
10. USADA and Ms. Jeanson agree that this resolution shall be publicly announced in accordance with USADA's regular press distribution. If the Agreement is made available it shall be made available in its entirety.
11. Ms. Jeanson's request for a hearing with AAA/CAS shall promptly be withdrawn by Ms. Jeanson.
12. This Agreement shall constitute the entire resolution of this matter except as necessary to enforce the period of ineligibility set forth above and the other terms of this Agreement. Each party, (including its officers, directors, successors, agents, professional representatives, employees, contractors, representatives, attorneys), waives any and all demands, claims, obligations, actions and liabilities of any nature whatsoever, in law or in equity, whether known or unknown, suspected or unsuspected, now or hereafter arising which they may have against the other party (including its officers, directors, successors, agents, professional representatives, employees, contractors, representatives, attorneys) relating, directly or indirectly, to this dispute.
13- Each party shall be responsible for their own costs, expert fees and attorneys' fees.
14. Any controversy or claim arising out of or related to this Agreement, or the breach thereof, if unable to be resolved following good faith efforts to resolve the matter between the parties, shall be first summitted to mutually agreed non-binding mediation, and if they are unable to be resolved, shall be submitted to final and binding arbitration before the Court of Arbitration for Sport pursuant to the CAS ordinary arbitration procedure rules. Any such CAS arbitration will be held in the United States.
15. This Agreement shall not be treated as a confidential document and may be publicly disclosed in its entirety by a third party.
16. The individuals signing this Agreement represent that they had the advise of counsel of their choice prior to signing this Agreement.