Just over a month after the Danish Sports Federation cleared Alex Rasmussen in connection to whereabouts violations, the UCI has indicated that it intends to appeal the decision to the Court of Arbitration for Sport.
“I certify that the UCI has filed an appeal to CAS in the Rasmussen affair,” UCI spokesman Enrico Carpani told the Ritzau agency today.
The 27 year old rider had been liable for a suspension of up to two years, but a unexplained delay by the UCI in processing its case went against its own rules and led the Danish Sports Federation to clear him.
“[The case against] Alex Rasmussen is dismissed because his third violation of the whereabouts rules were notified too late and thus there is no longer any case,” explained Torben Jessen, president of the Danish Sports Federation's doping tribunal, on November 17th.
“The UCI took ten weeks to report the infringement to the athlete, while the international standard dictates a deadline of 14 days.”
The rule referred to is article 111 of the UCI’s anti-doping regulations, which lays out a clear timeframe. It is not known how CAS will receive the appeal, but the UCI may have an uphill battle in not following its regulations.
Rasmussen’s first whereabouts violation happened on February 1st 2010, when an unsuccessful attempt at carrying out a doping control led to a warning by Anti-Doping Denmark, dated February 16th.
The second incident was in October of last year, when his whereabouts information was submitted late. He was warned again by ADD in a letter dated October 26th. The third incident was on April 28th when there was a failed attempt at a doping control. This led to a warning by the UCI, but it was only sent in a letter dated August 18th.
The UCI then requested action by ADD on September 13th, but the Danish federation decided to clear the rider.
He was ruled free to continue his career and took up a place previously offered to him by Garmin-Cervélo.
Rasmussen has insisted that he has been careless rather than anything more serious. He says that the issue is nothing to do with doping.