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. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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