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McQuaid/USADA July 13 letter to Tygart/USADA

McQuaid/USADA July 13 letter to Tygart/USADA

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Published by: cycletard on Aug 03, 2012
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PresidentDear Travis,Thank you for your letter dateI hope that USADA nor you ssympathise with those who di Travis, let there be no doubt tsecond paragraph of your lettcycling and that UCI is the intclaims to handle this case unRemember also that this cadated 30 April 2010. In thatUCI that he discovered factdoping rule violation. Therefor10, 1
par ADR) and notincluding USA Cycling whodoping organization having acomplete file of the case andhas occurred and disciplinarythat in this respect USADA athat USADA was conductingmanagement. In addition Uonly. UCI asked the nationalmail of 30 April 2010 to condcorrect that if USADA’s invewould inform UCI of that.Also where the accusation refauthority as these are UCI tes
CH 1860 Aigle / Switzerland+41 24 468 58 11 fax +41 24 468 58 12www.uci.ch
USADAMr Travis T. TygarChief Executive Of5555 Tech CenterColorado Springs,Colorado 80919-9USA
Sent by email only tt@ 
Aigle, 13 July 201
Ref: Presidency
 July 6, 2012.ffered from what you call the events in Col.hat UCI and I personally share the aim thater. But bear in mind also that the sport youernational federation of cycling. In addition Ier the rules of the UCI.e started with the email of Mr. Floyd Lanmail a UCI license-holder informs a national elements that, if proven, constitute thee the authority for results management liesSADA, even when UCI had several natielegates to USADA – conduct an investiuthority for results management UCI is entmake the consideration whether or not anproceedings should be opened (article 23d WADA have a right of appeal (article 23an investigation but did not ask USADA tI assumed that USADA would investigatefederations of all those who were named iuct an investigation as well. It would havetigation was going to touch other license hers to test results, the UCI is the only test rts.tficerDrive, Suite 20018
rado Springs and Iyou describe in theare talking about isnoted that USADAis to USA Cyclingal federation of thebasis for an anti-ith the UCI (articleonal federations – ation. As the anti-itled to receive thenti-doping violationADR). I point out). UCI was awaretake over resultsUS license holdersn the Floyd Landisbeen only fair ando
lders that USADAsults management
Case 1:12-cv-00606-SS Document 40-3 Filed 08/03/12 Page 1 of 3
However it is not UCI’s intention to suggest that it will decide not to go forward with the case.That will depend on the evidence available and that evidence is not available unless youforward the file to the UCI.You will tell me – or even would love to make public - that I support the arguments of LanceArmstrong in his court case against USADA but that is not the intention. The intention of theUCI is not to stop the case (which would not be possible in view of article 233) or to let it dragon. The evidence in the file will tell what it tells and the UCI shall act accordingly.Yet you must accept that several questions asked by Lance Armstrong are relevant,especially in view of the fact that no more information has been made available to the UCIand the respondents who, whatever the facts may be, are entitled to fair process.You can say that the respondents will be entitled to all rights of defense before AAA and,where applicable, CAS but there is also the right not to be dragged into disciplinaryproceedings unless there are solid grounds for that.You may say that you know that there are solid grounds, but USADA is the only one that hasthe file. The respondents have not had the chance to defend their position before USADA orUSADA’s Review board as they have not been given access to the evidence that issupposed to underlie the accusations against them and that was to be assessed by theReview board. It is not even known what information was submitted to the Review board. Insuch conditions it is difficult not to see the intervention of the Review board as a mereformality: how can the respondent take position on the evidence in the file if that evidence isnot made available? How can the respondent have his/her say on issues like jurisdiction andthe statute of limitation which may be elements that prevent proceedings from being openedby USADA? If the respondent is invited to take position on the issue of whether there isenough evidence the least that can be done is to provide the respondent with the evidence.And how can it be justified then that the respondent has only the choice between accepting asanction or accepting a disciplinary proceedings the solidity of which he was prevented fromcontesting before the body that was asked to check the solidity?UCI does not feel comfortable with that, especially if such things which it finds problematic interms of due process and even in terms of ethics are pushed through by pleading the rules ofthe UCI.This is particularly worrisome in this case because it is said to be based on witnessstatements only. UCI has no other information than that potential witnesses wereapproached by USADA and that advantages were promised in return for incriminatingstatements. This is problematic as well.The UCI requests that USADA provides UCI with the case file of the matter, including the fileof the investigations that you say are still ongoing and may lead to other decisions byUSADA. The UCI wants to be informed and to exercise its role as results managementauthority before the cases against the respondents are taken further. This applies also to theinvestigations that you say are ongoing.It is important that all parties concerned can have confidence in the process, including theresults management process and a process such as the one that USADA’s Review board issupposed to conduct.The UCI is well aware that Floyd Landis has made statements against the UCI and thatthese statements are part of the file.
Case 1:12-cv-00606-SS Document 40-3 Filed 08/03/12 Page 2 of 3

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