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Justin Gatlin Files for Olympic Reinstatement

Written by EPelle
Published January 23, 2008
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The IAAF, in review of the 2001 case, stated that there was no intentional part on Gatlin's behalf to cheat, and it was discovered that Adderall in-and-of-itself provided no enhancement to Gatlin, but they did not remove the term "doping violation" from their ruling - a sticking point which would cause Gatlin problems in 2007.

The IAAF did warn Gatlin following their reversal of his original ban - though still a violation of their rules, however, that any future positive drugs test would result in a lifetime ban from the sport, which leads Gatlin to his current situation.

Now that Gatlin has been entangled in a second drug controversy, he's attempted to have the first IAAF opinion erased, and used a number of arguments with the AAA - including having been a juvenile whilst committing the first offense - to no avail. 

The majority of a three-member American Arbitration Association (AAA) panel banned Gatlin for his 2006 positive test, having ruled that it was Gatlin's second positive test. In theory, they were correct insofar as in their ruling they stated that had the IAAF previoulsy re-instated Gatlin and not deemed him to have committed an anti-doping violation, they did not specifically and unequivocally state that in their ruling, a split decision that included a 53-page opinion and 22-page dissent.

"If the IAAF “eliminated” any period of ineligibility because it believed that, under the circumstances either there should have been no finding of a doping violation or because Mr. Gatlin had “no fault” in that violation, then the first offense should not be considered to be a prior offense for purposes of the award for a second violation. This Panel is unable, on the record before it, to ignore the first doping violation, but shall retain jurisdiction to amend this award in the event that Mr. Gatlin receives from IAAF or otherwise, a ruling which might alter the view of the first offense in 2001."

"The Dissent hearing makes an impassioned case that the facts and circumstances of that first offense, namely the advice of the USATF and USADA that it was sufficient for athletes simply to discontinue their non-competition use of medications, and law, namely the Americans with Disabilities Act and Swiss Law, compel the conclusion that Mr. Gatlin essentially had no fault at all in the first offense. The Dissent does not explain, then, why that first panel found a doping violation. If the standard in 2001 was simply negligence, and Mr. Gatlin was not negligent because the actions and advice of the USATF and USADA had to be considered as part of the anti-doping rules or an interpretation of those rules, then the appropriate conclusion would, it appears to the majority, have been a finding of no doping offense. However, that was not the case."

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Justin Gatlin Files for Olympic Reinstatement
Published: January 23, 2008
Type: News
Section: Sports
Filed Under: Sports: Olympic
Writer: EPelle
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Comments

#1 — January 24, 2008 @ 06:41AM — Benny

Gatlin is a cheat and everyone who runs in the Olympics should really think about the guy or girl running in the lane next to them on either side.

#2 — January 24, 2008 @ 11:40AM — Jesus

The alleged massage therapist's name is Chris Whetstine who denied the allegations and he was not a nike employee. please check your facts

#3 — January 24, 2008 @ 11:53AM — Dante

Good story. "Mark" is named "Chris", but otherwise you have good information. He was a Nike-sponsored therapist

Keep up the good work.

#4 — January 24, 2008 @ 12:18PM — Curtis O'Brien

Mr. Gatlin has appeared in the news here and has left quite an impression:

Even in Pensacola, where many still know him as the hometown hero, there is criticism.

"I woke up one morning at my parents house, and written on the side of my vehicle there was 'Just Say No to Steroids,'" Gatlin said. "That really hurt. I wiped it off and went in the house and broke down. It was painful."

#5 — June 5, 2008 @ 19:20PM — Ant

Justin should be reinstated to defend his medals he has been out 2 years and if he is caught again then should be ban. I think he learn his lesson DTA (don't trust anybody).

#6 — June 24, 2008 @ 16:03PM — Rachel

Justin Gatlin should most decidedly not be allowed to compete. He has twice tested positive for banned substances. The first time around, he failed to follow procedures that would have allowed him to take the medication for which he tested positive. The story about someone rubbing a cream on his legs immediately before his test, resulting in a (second) positive test with multiple times the legal limit of testosterone defies logic. It is a sad reality that some athletes believe that drugs is the only way they can be successful. Fine. But there is a cost associated with those beliefs, and all athletes who participate in Olympic sports know the rules on the front end.

#7 — July 15, 2008 @ 08:55AM — Patricia Burns

Sprinter Justin Gatlin knows that while seeking arbitration in his case favorable to his position and aspirations...he did not overwhelmingly contribute to the federal investigation into widespread doping in the sport when he was (and remains) in a perfect position to assist. According to the media, he may well be the one that gets away. Surely, if one fails twice on tests for banned substances...should one not be stripped of every medal and every entry in the books?

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