Official ‘arbitral award’ in Neil Griffin doping case
M55 thrower Neil Griffin and friends traveled to Munich, Germany, in late September in hopes of avoiding a doping suspension. They met with an âarbitrationâ panel. But this panel had more to do with imposing punishment than acting as a neutral, independent go-between. It was appointed by WMA. One of the mysteries of this case is now resolved: Who made up this panel? With permission from Neil, I have posted the official âfindingsâ of this panel, which have the patina of fairness.
But the âarbitral awardâ fails to account for WMA and IAAF having dropped the ball on Neilâs TUEs (medical waiver applications) for his use of testosterone. They never replied to his applications. (Yet WMA officials gave him the OK to compete in Linz.) A diabetic, Neil uses injections to bring dangerously low testosterone levels up to normal levels.
Many aspects of the award are disputed by Neilâs side, especially this statement:
âAt the commencement of the hearing both parties expressly reiterated their consent that the dispute is to be resolved by the Panel and that its decision shall be final and binding.â
Thatâs bunk, according to Neilâs representative, who spoke on condition of anonymity. In fact, this week he emailed notes to WMA, the British Masters Athletics Federation and UKA (the elite arm of British track) seeking their help in securing a new hearing.
Meanwhile, the British track magazine Athletics Weekly has weighed in â with an article and an editorial in todayâs edition.
Hereâs the article, courtesy of Editor Jason Henderson:
VETERAN thrower Neil Griffin plans to fight a two-year ban for using testosterone, which he took for medical purposes, writes Jason Henderson.
The 58-year-old from Windsor, Slough, Eton & Hounslow AC a frequent medallist at domestic and international events since he began throwing competitively more than 40 years ago was told at a hearing in Munich in September that his two-year suspension was âfinal and binding.â But the independent arbitration panel at the hearing also recognised that Mr Griffin did not cheat.
Griffin is now asking the World Masters (Athletics) (WMA) what the procedure is for an appeal. The athlete himself, a well-known and much-liked figure in the veteran athletics fraternity, has been advised not to speak publicly on the issue, but a clubmate said: âPaedophilic killers and the likes of Saddam Hussein have the right of appeal, so surely an athlete like Neil can.â
Griffinâs supporters have started a dialogue with Cesare Beccalli, the president of the WMA, in the hope they can reduce Griffinâs suspension. Paul Dickenson, the president of the British Masters Athletic Federation (BMAF), is expected to play a part in the discussion, as is Winston Thomas, the BMAF chairman.
David Herbert, the head of anti-doping at UK Athletics, is also involved. While Griffin is also understood to be receiving advice from one of Britainâs leading anti-doping experts.
Griffin first tested positive at the 2005 World Masters Championships in San Sebastian, but was later cleared as the WMA lost the relevant paperwork. He was subsequently given the go-ahead to compete at the World Masters Indoor Championships in Linz, where he finished second in the shot, but again tested positive and a two-year suspension began in June.
Griffin suffers from diabetes and low testosterone levels. He says he filled out a TUE (Therapeutic Use Exemption) form, which is used to declare that erformance-enhancing substances have been prescribed by a doctor, but he made the mistake of choosing to compete without hearing if his TUE forms had been officially acknowledged. Once sent to the WMA, the TUE forms are then forwarded to the International Association of Athletics Federations.
The panel in Munich that upheld the suspension said they could not account for the lost or missing TUE forms. So they were left with little option other than to maintain the suspension until June 2008.
However, Griffin1s case has brought into question the entire drug-testing process in masters athletics and it is something Beccalli, the WMA and BMAF are keen to sort out so similar cases do not occur in future.Griffin1s support team released a statement, which read: âNeil is a diabetic with a below normal testosterone level. He is on regular testosterone injections to keep his level within the normal range. His doctors (as well as doctors that UK Sport utilise for the processing of TUE forms) tell him this is essential medication for his health and that there is no known alternative medication for his condition.
âHe has submitted two TUEs for testosterone to WMA, one in January 2005 and one in March 2006, supplying supporting medical evidence. According to WMA they pass these TUEs on to IAAF as they have no process themselves. The IAAF ⌠never replied so the exemption has never been granted or rejected.â
The statement added that: âThe findings of the hearing included, âIt is not within the realm of the panel to decide upon the soundness of Mr Griffin1s TUE applications for testosterone submitted in January 2005 and March 2006 and, hence, the Panel did not weigh the medical evidence produced in support of the applications. The panel further recognises that Mr Griffin did not cheat. He declared openly that he takes testosterone and other medication in the exchange of letters prior to the Linz Championships.â
The statement concluded: âThe fact that he seems to have no âright of appealâ against this sanction and that he is still unclear as to which of the governing bodies to which he is affiliated has jurisdiction over his rights as a competing athlete is of great concern to Mr Griffin, and so should be of all other Masters athletes.â
Commenting on Griffinâs case, Beccalli said: âIâm very sad for this case and worried about the fact that similar cases could happen again because it is possible at any time that some athletes be found guilty of doping violation despite, perhaps, they did not have specific intention to cheat.â
So will Griffin return to compete if his ban is upheld? At present he is still training. After more than 40 years in the sport, it is a difficult habit to break.
And here is Jasonâs editorial in the same edition:
It is difficult to have much faith in the current drug-testing system. Elite athletes should be terrified. Club athletes who compete for fun should be pretty nervous too.
The latest case involves a 58-year-old thrower, Neil Griffin, who has tested positive at international masters events because he takes testosterone for medical reasons.
Griffinâs only crime is that he competed without waiting to hear if his TUE (therapeutic use exemption) was safely in the hands of the right people. A panel in Germany has upheld a two-year ban, but also conclude that âGriffin did not cheat.â Not surprisingly, Griffin feels a little hard done by.
His plight . . . is full of unanswered questions. He plans to appeal, for example, but has no idea how he can lodge one.
If World Masters (Athletics) maintains its ban, can he still compete domestically?
How worried should other veteran athletes that take drugs for medical purposes be?
What level of competition do drug testers turn up to in masters athletics?
One thing1s for certain, the present drug-testing system seems to be harming the very athletes it attempts to protect.
Christine Ohuruogu, the Commonwealth 400m champion, was also described as someone who âdid not intend to cheatâ by the panel that dished out a one-year ban. Then she faced the frustration of seeing Tim Don take part in and win the world triathlon title despite having missed three tests before the event.
The effect is manifested in 1-1.5 hour depending on the meal (the less youâve eaten before the drug intake the sooner it will start acting). Iâve never tried to mix https://globalmarch.org/cialis-generic/ with alcohol and donât see any point in it.
Finally, there1s the case of Gareth Turnbull, whose story is described on page 33. The Irish 1500m runner has spent ÂŁ100,000 in legal fees only to find out that his positive test was due to a high alcohol intake.
Everyone wants a drug-free sport, but do there have to be so many innocent casualties along the way?
Me again:
Much more info to come. Stay tuned.
2 Responses
Did Mr. Griffin receive approval from the WMA but not from the IAAF. Having just looked at my last TUE approval form – from Dr. Karri Wichmann – it clearly states that the approval is from WMA. It says nothing about the IAAF.
Until the meet in Puerto Rico – athletes were to submit request for TUE approval to the IAAF. I did that twice and never heard a word. For the WMA meet in Puerto Rico I sent my request to WMA – as the instructions required and received a hand-written letter of approval from the WMA president. For San Sebastian – the approval came from the WMA drug tsar Dr. Karri Wichmann.
All of us who need a TUE for a physican prescribed medication should be very nervous about the Griffin case. It is a black eye for WMA – an appeals process that is a farce, and that makes it very clear that “outing” someone is more important than being fair.
Or maybe the message is – do not take any drugs – if you need drugs to keep yourself healthy, do not compete in any track and field meet that has drug testing. Take up bowling or tiddle winks.
I’m concerned that there is a pattern of no response these athletes are confronted with. Our meets happen on a schedule, we know when a competition is to take place and so should the administrators. So with sufficient advance notification, an athlete should reasonably expect a response–if the request is legitimate, I would assume a positive response. What is wrong with our picture? If an administrator is not going to respond or do anything, if a process is takes longer than it should reasonably be expected to take, we should address the problem and fix the problem. Most particularly regarding drug policies, if we are to have a policy–whatever it may be, zero tollerance by any name–then we ought to have very specific ways to deal with these issues, everybody should be able to find out what they are and abide by them.
Leave a Reply