Depending on the outcome, it is possible that today’s request from the UCI to the Spanish Cycling Federation (RFEC) to open disciplinary proceedings against Alberto Contador could be concluded by Christmas.
According to the UCI’s anti-doping rules, the federation has just one month to complete its deliberations on the case.
All going to schedule, that means a decision should be reached by December 8th.
However if the RFEC decides not to sanction the rider, or applies a suspension that the UCI deems is not sufficient, the decision can then be appealed to the Court of Arbitration for Sport (CAS) and will drag on well into 2011.
Equally, Contador has the option to appeal the sentence to CAS if he is not satisfied with the outcome. That too would delay the final outcome.
The Astana rider tested positive for Clenbuterol on the second rest day of this year’s Tour de France. The outcome of that test was not known until after he was crowned race winner on the Champs Elysées for the third time in his career.
If the 27 year old is found guilty of doping, he faces a strong risk that he will be stripped of that third title, and could face a lengthy suspension.
Prompt action needed from Spanish federation:
Article 280 of the UCI’s anti-doping regulations lays out the timeframe for the decision to be reached. “The proceedings before the hearing panel of the License-Holder’s National Federation must be completed
within 1 (one) month from the time limit set for the dispatch of the summons,” it states.
If the RFEC delays past that point, penalties start to apply. “The National Federation shall be penalized by the disciplinary commission, incurring a fine of CHF 5000 for each week’s delay without prejudice to the obligation to complete proceedings as fast as possible.”
The rules further state that if no decision is reached within three months, that the UCI can go to the Court of Arbitration for Sport, which will appoint a single arbitrator to force the RFEC to act. In that case, the Spanish federation would bear costs for all parties.
The issue is a relevant one as the RFEC dragged its heels in relation to the Alejandro Valverde case. The UCI ultimately appealed its non-action to CAS, which ruled that the rider must face a lengthy suspension. He was ultimately suspended until January 2012 in relation to his links with Operación Puerto.
UCI releases statement on Contador case:
Although email problems meant that there was a delay in the delivery of the press release issued by the UCI today, its ruling was eventually circulated and made it clear that the Contador situation had moved on from the limbo of sorts that had existed.
"At the end of a long and meticulous enquiry entrusted to highly qualified, WADA-accredited experts, and considering all the information currently in its possession, the UCI has concluded that disciplinary proceedings should be opened against Alberto Contador," it stated.
"Until the end of the proceedings and despite his provisional suspension, Alberto Contador still benefits from a presumption of innocence.”
It explained the reason for the lengthy delay, saying that further tests had been carried out. "For additional safety, considering the very low concentration (of clenbuterol) detected, the UCI continued scientific investigations in collaboration with WADA. In particular, it conducted a series of new analyses on all the blood and urine samples taken from the rider in the period in question.”
Contador maintains his innocence, stating that the Clenbuterol traces came from eating tainted meat. He has said that he has never taken banned doping products, and is willing to provide old samples for retesting.
He is yet to respond to today’s ruling.