ILNews

Appeal dropped against Valpo clinic's client

Rebecca Berfanger
January 1, 2008
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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."
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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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