U.S. Drug Ruling Is Criticized

Reacting to U.S. Swimming’s decision to reverse a two-year sanction against Jessica Foschi, a member of swimming’s international governing body Saturday criticized the action.

Harm Beyer, a FINA official, said the decision to give Foschi, 15, of Old Brookville, N.Y., a two-year probation instead of a ban leaves many questions as to what will happen next.

“To be polite, it is a disastrous decision,” Beyer told The Times from his home in Hamburg, Germany. “I think the bureau [FINA] will be concerned when they see the result of the American way of handling the matter.”

The decision was announced Friday night after U.S. Swimming’s board of directors rescinded their 10-day-old ban of Foschi, who tested positive for an anabolic steroid at last summer’s U.S. nationals in Pasadena.

Foschi is cleared to compete at the U.S. Olympic trials, March 6-12 in Indianapolis, but that could change depending on the response from FINA and the U.S. Olympic Committee this week. Foschi’s case also is scheduled to be heard by the American Arbitration Assn. in Garden City, N.Y., starting Thursday.

Beyer, speaking for himself and not FINA, said even if Foschi qualifies for the Atlanta Olympics, FINA could reject her entry. If so, the case probably would go before the Court of Arbitration for Sport in Lausanne, Switzerland, for a binding decision.

Beyer said he was frustrated with last week’s actions involving Foschi and Samantha Riley because neither decision followed FINA rules. FINA gave Riley, the Australian world-record holder in the 100-meter breaststroke, a warning for testing positive for a painkiller last December in Brazil. The standard penalty for such a result is a two-year sanction, but International Olympic Committee officials intervened on Riley’s behalf because they do not believe the substance aids performance.

“The way they handled the Riley case, it was the right result but we must realize it was not absolutely according to the rules,” Beyer said. “This is putting FINA in a difficult situation.”

Beyer also criticized U.S. and Australian officials for defending their athletes in light of positive drug results.

“Everyone is for drug testing, but in the very moment when it concerns yourself you turn 180 degrees,” he said.