ILNews

Appeal dropped against Valpo clinic's client

Rebecca Berfanger
January 1, 2008
Keywords
Back to TopCommentsE-mailPrintBookmark and Share
The first athlete to win an arbitration against the U.S. Anti-Doping Agency, a client of the Valparaiso University School of Law's Sports Law Clinic, has received another win. The World Anti-Doping Agency has dropped its appeal of last year's decision in favor of a record-breaking sprinter, the university announced April 22.

The ruling in United States Anti-Doping Agency v. LaTasha Jenkins in Jenkin's favor was initially announced Dec. 12, 2007, and the 44-page decision was released Jan. 25, 2008, clearing her of charges that she used the steroid nandrolone after testing positive during a routine drug test in July 2006. That story was reported in Indiana Lawyer Jan. 9-22, 2008, "Team Effort Prevails."

"Having carefully reviewed the scientific data of this case, which includes material not available to us from the initial hearing, WADA has reached the conclusion that the adverse analytical findings cannot lead to a sanction of Jenkins," WADA wrote about dropping the appeal.

Michael Straubel, director of the clinic and an associate professor of law, and four third-year Valparaiso law students, who are members of the clinic, represented Jenkins in the USADA arbitration, which was heard in October 2007.

In the USADA hearings for Jenkins' case, members of the Sports Law Clinic argued that the test results weren't accurate and those who conducted the testing didn't follow proper procedures.

Jenkins, who has competed in the 100- and 200-meter sprint events and won the silver medal at the 2001 World Track Indoor Championships and the bronze medal at the 2001 World Track Championships, said in a statement she intends to resume her career as a sprinter and is ready to move on, hoping that others will recognize that she has been cleared and that her reputation has been restored.

The charges took away nearly two years of her running career and an endorsement deal.

"It was a good day for athletes," Straubel said in a statement. "The panel acknowledged that an allegation of doping is a serious matter which profoundly affects an athlete, and laboratories therefore must ensure the highest scientific reliability of the testing process. We support efforts to stop the use of performance-enhancing drugs and are proud of our work in this case."
ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  2. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

  3. This outbreak illustrates the absurdity of the extreme positions taken by today's liberalism, specifically individualism and the modern cult of endless personal "freedom." Ebola reminds us that at some point the person's own "freedom" to do this and that comes into contact with the needs of the common good and "freedom" must be curtailed. This is not rocket science, except, today there is nonstop propaganda elevating individual preferences over the common good, so some pundits have a hard time fathoming the obvious necessity of quarantine in some situations....or even NATIONAL BORDERS...propagandists have also amazingly used this as another chance to accuse Western nations of "racism" which is preposterous and offensive. So one the one hand the idolatry of individualism has to stop and on the other hand facts people don't like that intersect with race-- remain facts nonetheless. People who respond to facts over propaganda do better in the long run. We call it Truth. Sometimes it seems hard to find.

  4. It would be hard not to feel the Kramers' anguish. But Catholic Charities, by definition, performed due diligence and held to the statutory standard of care. No good can come from punishing them for doing their duty. Should Indiana wish to change its laws regarding adoption agreements and or putative fathers, the place for that is the legislature and can only apply to future cases. We do not apply new laws to past actions, as the Kramers seem intent on doing, to no helpful end.

  5. I am saddened to hear about the loss of Zeff Weiss. He was an outstanding member of the Indianapolis legal community. My thoughts are with his family.

ADVERTISEMENT