USADA v. Aaron Keith

IV. JURISDICTION

27. Article R47 of the CAS Code provides as follows in its relevant part: “An appeal against the decision of a federation, association or sports-related body may be filed with CAS if the statutes or regulations of the said body so provide or if the parties have concluded a specific arbitration agreement and if the Appellant has exhausted the legal remedies available to it prior to the appeal, in accordance with the statutes or regulations of that body.”

28. The Appellant submits that the jurisdiction of the CAS is based on Section 17(b) of the USADA Protocol for Olympic and Paralympic Movement Testing (the “USADA Protocol”), providing as follows: “Subject to the filing deadline for an appeal filed by WADA as provided in Article 13.2.3.5 of the Code, the final award by the arbitrator(s) may be appealed to the CAS within twenty-one (21) days of issuance of the final reasoned award or when an award on eligibility without reasons is deemed final as set forth below. If the arbitrators issue an award on eligibility without reasons, such award shall be deemed final for purposes of appeal to CAS on the earlier of (a) issuance of the final reasoned award by the arbitration panel, or (b) thirty (30) days from issuance of the award without reasons.”

29. The Respondent does not dispute the jurisdiction of the CAS and confirmed it by signing the Order of Procedure.

30. It follows that this CAS Panel has jurisdiction to render this award.

V. ADMISSIBILITY

31. Article R49 of the CAS Code provides as follows: “In the absence of a time limit set in the statutes or regulations of the federation, association or sports-related body concerned, or in a previous agreement, the time

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limit for appeal shall be twenty-one days from the receipt of the decision appealed against. The Division President shall not initiate a procedure if the statement of appeal is, on its face, late and shall so notify the person who filed the document”.

32. Under Section 17(b) of the USADA Protocol (see supra at para. 28) “the final award by the arbitrator(s) may be appealed to the CAS within twenty-one (21) days of issuance of the final reasoned award or when an award on eligibility without reasons is deemed final”.

33. Under the same article, in case an award is rendered without reasons, “such award shall be deemed final for purposes of appeal to CAS on the earlier of (a) issuance of the final reasoned award by the arbitration panel, or (b) thirty (30) days from issuance of the award without reasons”.

34. In the present case, the operative part of the Appealed Decision was issued on 4 August 2024. As the reasoned award was never issued, the Appealed Decision became final on 3 September 2024.

35. The Appellant timely lodged its appeal on 23 September 2024, i.e. within the 21-day time limit provided by Section 17(b) of the USADA Protocol.

36. Moreover, the appeal complies with the requirements of Articles R47 and R48 of the CAS Code and no objections were raised by the Respondent.

37. It follows that the Appellant’s appeal is admissible.

VI. THE PARTIES’ AGREEMENT

38. On 11 March 2025, the Respondent signed a form labelled “United States Anti-Doping Agency – Acceptance of Sanction”. The latter was submitted to the CAS by the Parties and its terms are embodied in full in this Consent Award (boldface parts as in the original): “I, Aaron Keith, accept the following sanction as a result of an anabolic agent of exogenous origin in my Sample #223516V, collected out-of-competition on January 17, 2024, and my Sample #256184V, collected out-of-competition on February 29, 2024. I acknowledge that I have violated the “Applicable Rules,” including the U.S. Anti-Doping Agency (“USADA”) Protocol for Olympic and Paralympic Movement Testing (the “Protocol”), the United States Olympic & Paralympic Committee (“USOPC”) National Anti-Doping Policy (“USOPC NADP”) and the International Cycling Union (“UCI”) Anti-Doping Rules, all of which have adopted the World Anti-Doping Code (the “Code”), and I accept the following: • A 14-month period of ineligibility as described in the UCI Anti-Doping Rules and Article 10.2 of the Code, beginning on the day I accept a sanction, with credit for the 4-month period of ineligibility I served from April 19, 2024 to August 19, 2024;

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• Disqualification of any competitive results between January 17, 2024 and April 19, 2024 including forfeiture of any medals, points, and prizes, consistent with the UCI Anti-Doping Rules and the Code; • A 14-month prohibition, beginning on the day I accept a sanction, with credit for the 4-month period of prohibition I served from April 19, 2024 to August 19, 2024, against participation in any capacity in a competition or activity authorized or organized by any Code Signatory, including any benefits I receive from the USOPC, Code Signatory’s member organization, or a club or other member organization of a Code Signatory’s member organization, or in competitions authorized or organized by any professional league or any international- or national-level event organization (e.g., the National Collegiate Athletic Association (“NCAA”)) or any elite or national-level sport activity funded by a governmental agency during my ineligibility, as described in the UCI Anti-Doping Rules, Article 10.14.1 of the Code and Section 7 of the USOPC NADP; and • All other sanctions and or consequences which may be required by the Applicable Rules, including but not limited to, any fines, costs, return of prize money or other financial consequences. I understand that USADA agrees to cover costs billed by the Court of Arbitration for Sport for the appeal in this matter, CAS 2024/A/10892, but that each party remains responsible for its own attorney’s fees and costs. I do not contest the above sanction determined by USADA under the UCI Anti-Doping Rules and Articles 2.1 and 2.2 of the Code because a Prohibited Substance was found in my urine Samples, and I have agreed to the violations and resulting sanction. I knowingly and voluntarily waive any further right to contest or challenge my violations, my period of ineligibility, the disqualification of my results, the processing of my Samples, and the Laboratory’s determination regarding my Samples. I further waive my right to a CAS hearing and reasoned decision. I understand that USADA will communicate my acceptance to US Paralympics and USA Cycling who will impose this sanction, and to the World Anti-Doping Agency (“WADA”), UCI, the International Testing Agency (“ITA”), and the USOPC. Should I ever be found to have committed an additional anti-doping rule violation, I understand that the period of ineligibility for such further rule violation will be increased as provided in the Code, due to my acceptance of this sanction for my anti-doping rule violations identified above. Furthermore, nothing in this agreement prevents USADA from seeking a lengthier period of ineligibility and/or disqualification of results prior to January 17, 2024, based on evidence which USADA may currently have in its possession or later acquire. In the event it is determined that I participated in any capacity in a competition or activity authorized or organized by any Signatory, Signatory’s member organization, or a club or other member organization of a Signatory’s member organization, or in competitions

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authorized or organized by any professional league, or any international-level or national- level event organization, or any elite or national-level sporting activity funded by a governmental agency during my period of ineligibility, I understand that a new period of ineligibility equal in length to the original period of ineligibility will be added to the end of the original period of ineligibility. Because this sanction includes loss of any results I obtained between January 17, 2024 and April 19, 2024, I understand that it could therefore affect my status or placement on a team for which I have qualified or could qualify in whole or in part based on my results at any competition for which my results have been disqualified. It is my sole responsibility to investigate and determine the effect of this sanction on my eligibility for future competitions or teams. I understand and accept that entities other than the USOPC, UCI, US Paralympics, and USA Cycling will give effect to this sanction including, but not limited to, the International Paralympic Committee (“IPC”), signatories to the Code, the NCAA, National Association of Intercollegiate Athletics, or any clubs, member associations or affiliates of the USOPC, US Paralympics, or USA Cycling, if applicable. I understand and accept that it is my obligation to investigate the effect of this sanction on me by other entities. I also understand that my anti-doping rule violations could affect the results of any team on which I competed on January 17, 2024 or in a subsequent competition and that it is also my responsibility to consider the impact (if any) of my acceptance of sanction on my team’s results. I understand that Article 10.1 of the Code and the anti-doping rules of certain International Federations permit disqualification of results obtained prior to Sample collection or an attempt at Sample collection and/or prior to the occurrence of an anti-doping rule violation, particularly where the collection, attempted collection or occurrence of a rule violation occurred in connection with an Event, consisting of more than a single Competition. It is my responsibility to investigate the possibility that certain of my prior competitive results could be disqualified under Article 10.1 of the Code and/or the rules of my International Federation and I accept that such disqualification may be a consequence of my acceptance of sanction. I also understand and accept that under the Protocol, my doping violations and the resulting sanction will be publicly announced. I understand that in accordance with the Code, the Protocol and the USOPC NADP, I shall during the period of my ineligibility remain subject to testing, which includes – if placed in the registered testing pool at USADA’s discretion – completing quarterly whereabouts filings and promptly updating USADA regarding any changes in my whereabouts information so that I can be tested. I understand that any failure to comply with my whereabouts obligations during my period of ineligibility may extend my period of ineligibility and may subject me to further anti-doping rule violations and additional sanctions. My current address and contact information are set forth below. I agree that in addition to any applicable sanctions for Whereabouts Failures provided for in the Code and the WADA International Standard for Testing and Investigations, my period of ineligibility for the

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instant anti-doping rule violation will be extended for a period of time equal to any period in which I have failed to comply with my obligation to provide whereabouts information to USADA, if required to do so. I understand if I retire during my period of ineligibility that, pursuant to Article 5.6.2 of the Code, which is incorporated into the Applicable Rules noted above, my sanction will be tolled until such time that I advise USADA in writing of my return from retirement. In order to regain eligibility, I understand that I must repay all prize money forfeited as a result of my anti-doping rule violations or any violation of the prohibition on participation during my period of ineligibility. I must also comply with the requirements of other applicable reinstatement testing rules during the period of my suspension. It is my responsibility to understand and comply with additional reinstatement obligations of my International Federation, National Governing Body and the USOPC, if applicable. I understand that in accordance with the Code and the International Standard for Education, I must participate in and successfully complete an education and/or rehabilitation program designated by USADA. I understand that if I do not complete the educational and/or rehabilitation programs it could affect my eligibility status once my sanction has concluded. BY SIGNING BELOW, I AFFIRM THAT I HAVE READ AND FULLY UNDERSTAND THIS ACCEPTANCE OF SANCTION AND AGREE TO THE ABOVE TERMS. AND ALL OTHER PROVISIONS IN THE CODE, THE PROTOCOL, THE USOPC NADP AND THE ANTI-DOPING RULES OF MY INTERNATIONAL FEDERATION THAT RELATE TO MY ANTI-DOPING RULE VIOLATIONS.”

VII. RATIFICATION OF THE PARTIES’ AGREEMENT BY THE CAS

39. Under Article R56, third paragraph, of the CAS Code, “Any settlement may be embodied in an arbitral award rendered by consent of the parties”.

40. Under Swiss law, an arbitral tribunal seated in Switzerland has the power to issue an award embodying the terms of the parties’ settlement (see CAS 2019/A/6083,6261; see also A. RIGOZZI, E. HASLER, Article R56 CAS Code in M. ARROYO, ed., Arbitration in Switzerland – The Practitioners’ Guide, 2nd edition, Alphen aan den Rijn, 2018, p. 1654).

41. The arbitral tribunal’s ratification of said settlement and embodiment in a consent award serves the purpose of vesting the agreement with a res judicata effect and enabling the enforcement of said agreement worldwide.

42. The Parties have requested that the Settlement Agreement be embodied in a consent award.

43. In this respect, the Panel has the task of reviewing the terms of the Settlement Agreement in order to verify its bona fide nature as well as its compliance with public policy principles and/or mandatory rules of the law applicable to the dispute.

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44. In the present case, the Panel is persuaded (i) that, based on the evidence on file and on the Parties’ statements at the hearing, the Settlement Agreement represents a bona fide settlement of the dispute between the Parties, and (ii) that no public policy principle or mandatory rule of law is violated by the Settlement Agreement.

45. The Panel directs the Parties to fully comply with the terms of the Settlement Agreement, thereby making it unnecessary to consider any other request submitted by the Parties.

46. Accordingly, all further or different prayers for relief are dismissed.

VIII. COSTS

(…)

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