Court Rejects Appeal Over USADA Rules

A federal appeals court Thursday rejected a legal challenge to the U.S. Anti-Doping Agency’s procedural rules, apparently clearing the way for hearings involving a number of top U.S. sprinters accused of doping violations.

The day before the first races in the U.S. Olympic trials in Sacramento, a three-judge panel of the U.S. 2nd Circuit Court of Appeals in New York upheld the dismissal of a lawsuit brought by middle-distance standout Regina Jacobs, a three-time Olympian.

Jacobs is accused of testing positive last year for the designer steroid THG. She alleged that her case should be heard in binding arbitration through what is called the “commercial pool” of arbitrators. USADA’s rules provide for a smaller group of arbitrators, in legal parlance called the “supplemental pool.” That group has in part been trained by -- and therefore, some defense attorneys allege, might be more inclined to favor -- USADA.

A lower-court federal judge, Barbara S. Jones in New York, dismissed the case May 17, ruling she had no jurisdiction to intervene in such a matter. The appeals court ruled that it similarly had no grounds to get involved.

“We hope in the future that athletes will not resort to these frivolous attacks on the established process, which is fundamentally fair to all athletes,” Travis Tygart, USADA’s chief lawyer, said in a statement.

Jacobs’ attorney, Ed Williams of New York, who had filed similar challenges on behalf of twins Alvin and Calvin Harrison, said of the appeals court ruling: “We’re disappointed and studying the decision to see how it may or may not impact other petitions that are pending.”

The ruling could affect another such lawsuit, one filed on behalf of sprinter Michelle Collins in San Francisco federal court. Brian Getz, her attorney, said he will pursue the case.

USADA is seeking lifetime bans against Tim Montgomery, Chryste Gaines, Alvin Harrison and Collins, and lesser suspensions against Jacobs and Calvin Harrison. All are Olympic medalists or national champions.

Agency officials were scheduled to appear in a San Francisco federal court today to argue for access to sealed grand jury testimony by athletes under investigation, a source said.

The U.S. Olympic Committee is due to name the U.S. team by July 21. The Athens Games begin Aug. 13. International track and Olympic officials, however, have indicated that substitutions may be allowed after July 21, perhaps even through the first few days of the Games.