Friday, July 17, 2009

WADA Seeks Lifetime Ban for Hamilton

Last month, I wrote that the United States Anti-Doping Agency (USADA) had thrown the proverbial kitchen sink at Tyler Hamilton in suspending him for eight (8) years.

I was wrong. That honor belongs to the World Anti-Doping Agency (WADA), which is seeking a lifetime ban for Hamilton as a result of his second doping offense.

In response to WADA’s decision to seek a lifetime ban, Chris Manderson, Attorney of Record for Tyler Hamilton, released this statement yesterday.

"Tyler Hamilton took Mitamins, an herbal anti-depressant, in a moment of crisis while out of competition, with no intention or possibility of enhancing his cycling performance. Despite that, the rules do not distinguish between an intentional doping violation and Tyler's attempt to self medicate for depression. Based on their protocol, USADA imposed the minimum eight-year penalty in this situation, which was within the acceptable range of sanctions established by the World Anti-Doping Code, and we accepted that so Tyler could focus on his health and his future.

Now, contrary to Tyler's settlement with USADA, WADA is pursuing a lifetime ban as if Tyler's self-medication for depression had been an intentional violation to boost performance. There is no reasonable basis to have the maximum penalty imposed upon Tyler Hamilton for taking an herbal anti-depressant that happened to contain DHEA. Tyler has been diagnosed with and is battling clinical depression, an illness which many people suffer from, and which took the life of his grandmother and has afflicted his mother and sister.

Even worse, WADA has stated that the 8 year sanction "warrants scrutiny from an independent tribunal" because "it was the result of an agreement between USADA and the athlete," as though Tyler and USADA had somehow colluded in wrongdoing by agreeing to a sanction within the acceptable range under the WADA code. WADA did not even notify Tyler nor myself (Tyler's attorney of record) of its intent to pursue this action; we learned of it through the media.

WADA’s insistence on a lifetime ban against Tyler is a vindictive, personal and ruthless attempt to destroy a man who suffers from a serious illness, has ended his career, and has already accepted the penalty imposed upon him."

Rock Racing Team Owner, Michael Ball, added, “WADA continues to dig up graves and unjustly target undeserving individuals . The organization’s attempt to vilify Tyler Hamilton by pursuing a lifetime ban is despicable. This is clearly an athlete who did not take a banned substance for any performing enhancing benefits, yet took full accountability and responsibility for his actions. He cooperated every step of the way and accepted an eight year ban without a fight.

WADA claims to promote fairness and equality for athletes worldwide, principles that clearly do not apply to Tyler Hamilton. This action sends a very stark message to all athletes, that WADA can and will impose its will on certain individuals with absolutely no regard for the truth.

Cycling doesn’t need scapegoats to be cleaner. It needs fair anti-doping practices enforced by organizations that are truly interested in protecting the integrity of our sports.”

1 comment:

Anonymous said...

Nothing like kicking a guy when he's already down.

Thank you, WADA, can I please have another?

Friday, July 17, 2009

WADA Seeks Lifetime Ban for Hamilton

Last month, I wrote that the United States Anti-Doping Agency (USADA) had thrown the proverbial kitchen sink at Tyler Hamilton in suspending him for eight (8) years.

I was wrong. That honor belongs to the World Anti-Doping Agency (WADA), which is seeking a lifetime ban for Hamilton as a result of his second doping offense.

In response to WADA’s decision to seek a lifetime ban, Chris Manderson, Attorney of Record for Tyler Hamilton, released this statement yesterday.

"Tyler Hamilton took Mitamins, an herbal anti-depressant, in a moment of crisis while out of competition, with no intention or possibility of enhancing his cycling performance. Despite that, the rules do not distinguish between an intentional doping violation and Tyler's attempt to self medicate for depression. Based on their protocol, USADA imposed the minimum eight-year penalty in this situation, which was within the acceptable range of sanctions established by the World Anti-Doping Code, and we accepted that so Tyler could focus on his health and his future.

Now, contrary to Tyler's settlement with USADA, WADA is pursuing a lifetime ban as if Tyler's self-medication for depression had been an intentional violation to boost performance. There is no reasonable basis to have the maximum penalty imposed upon Tyler Hamilton for taking an herbal anti-depressant that happened to contain DHEA. Tyler has been diagnosed with and is battling clinical depression, an illness which many people suffer from, and which took the life of his grandmother and has afflicted his mother and sister.

Even worse, WADA has stated that the 8 year sanction "warrants scrutiny from an independent tribunal" because "it was the result of an agreement between USADA and the athlete," as though Tyler and USADA had somehow colluded in wrongdoing by agreeing to a sanction within the acceptable range under the WADA code. WADA did not even notify Tyler nor myself (Tyler's attorney of record) of its intent to pursue this action; we learned of it through the media.

WADA’s insistence on a lifetime ban against Tyler is a vindictive, personal and ruthless attempt to destroy a man who suffers from a serious illness, has ended his career, and has already accepted the penalty imposed upon him."

Rock Racing Team Owner, Michael Ball, added, “WADA continues to dig up graves and unjustly target undeserving individuals . The organization’s attempt to vilify Tyler Hamilton by pursuing a lifetime ban is despicable. This is clearly an athlete who did not take a banned substance for any performing enhancing benefits, yet took full accountability and responsibility for his actions. He cooperated every step of the way and accepted an eight year ban without a fight.

WADA claims to promote fairness and equality for athletes worldwide, principles that clearly do not apply to Tyler Hamilton. This action sends a very stark message to all athletes, that WADA can and will impose its will on certain individuals with absolutely no regard for the truth.

Cycling doesn’t need scapegoats to be cleaner. It needs fair anti-doping practices enforced by organizations that are truly interested in protecting the integrity of our sports.”

1 comment:

Anonymous said...

Nothing like kicking a guy when he's already down.

Thank you, WADA, can I please have another?