Team GB sprinter Chijindu “CJ” Ujah (“Ujah”) has been provisionally suspended for an Anti‑Doping Rule Violation (“ADRV”) under the International Olympic Committee’s Anti-Doping Rules (the “IOC Rules”) after providing two Adverse Analytical Findings (“AAF”).
Ujah tested positive for two banned substances immediately following his silver medal winning performance as part of Team GB’s 4x100m men’s relay team at the Tokyo Olympics. In this article we will examine the formal processes which are likely to follow and the implications for Ujah.
The Case
To date, the case has been dealt with in two stages. The first stage required the International Testing Agency (“ITA”) to decide if an ADRV has been committed.
The ITA has confirmed that Ujah provided two testing samples (A-Sample and B-Sample) to the World Anti-Doping Agency’s (“WADA”) accredited laboratory on 8 August 2021 and testing of the A-Sample resulted in the AAF. In an attempt to clear his name, Ujah exercised his right to request the analysis of the B-Sample. The ITA has confirmed that testing of the B sample also resulted in an AAF.
The ITA subsequently determined that an ADRV has occurred and as a consequence passed the matter to the Athletics Integrity Unit (“AIU”), who undertook its own investigation in order to determine Ujah’s punishment (if any). Having concluded its investigation, the AIU have sanctioned Ujah and the matter has now been referred to the Court of Arbitration for Sport Anti-Doping Division (“CAS”) for its consideration and determination.
The AIU and ITA have confirmed that Ujah’s samples show the presence/use of prohibited substances ostarine and S-23. Ostarine and S-23 are classified as part of a new class of drugs called selective androgen receptor modulators (“SARM”). SARMs are known to mimic testosterone by binding to hormone receptors in specific parts of the body. Ostarine is widely used to treat muscle wasting and osteoporosis, while S‑23 targets muscle and bone tissues to promote muscle growth and bone health. SARMs are currently not approved for human consumption in any form in the UK or anywhere else in the world and are banned under WADA’s current List of Prohibited Substances.
SARMs were incorporated into the WADA Code and List of Prohibited Substances in 2008. Under the current WADA Code which came into force on 1 January 2021 SARMS are found under Section 1.2 “Other Anabolic Agents”. Under Section 1.2 all SARMs are prohibited at all times (both in and out-of-competition) for all athletes, from those competing at the highest level of sport to those competing at the recreational level.
Prior to Tokyo 2020 the IOC Rules were amended in order to incorporate the provisions of the 2021 WADA Code and as a consequence Section 1.2 (SARMs). The IOC Rules covered the period from the opening of the Tokyo Olympic Village on 13 July 2021 until the day of the closing ceremony on 8 August 2021. During this period, all athletes were subject to the IOC Rules and doping controls initiated by the ITA.
Intention
Due to testing and analysis of Ujah’s A-Sample and B-Sample confirming two AAFs, the case will be determined as an intentional violation of both the IOC Rules and WADA Code. Under the 2021 WADA Code “intentional” is meant to identify those athletes who cheat, requiring knowledge that the conduct would result in an ADRV (intent) or knowledge of a significant risk that it would result in an ADRV (recklessness).
Intentional violations carry the most severe sanctions. As Ujah does not have any previous ADRV convictions he would face a four-year ban as a first-time offence, which would automatically rule him out of competing in the next Olympics in Paris in 2024. At the age of 27, the ban may also be the end of his career. If intent is proven, then it is highly foreseeable that Team GB’s men’s 4x100 relay team will be disqualified, and the team will be stripped of its silver medals. As a consequence, Canada will be upgraded to silver and China will be awarded bronze.
No, or No Significant, Fault or Negligence
Ujah is expected to base his defence on the fact that the supplement(s) he was taking were legal but that they were not labelled properly and as a consequence he did not have any prior knowledge that the supplement(s) contained any form of SARM. Under the WADA Code, this explanation will not be sufficient. Applying the new rule 10.6.3.1 of the WADA Code, Ujah may seek to demonstrate that he bore No or No Significant Fault or Negligence for the ADVR. This may prove that he went out of his way to ensure the supplement(s) were not contaminated, such as by checking the batch numbers of the products. He may also need to provide evidence that he consulted with professional experts such as a qualified medic or sports nutritionist about using the supplement prior to use.
If No Significant Fault or Negligence is established the period of Ineligibility (as defined in the WADA Code) is eliminated altogether. If Ujah can show that his Fault or Negligence was ‘not significant’, the period of Ineligibility may be reduced based on the degree of Fault. This can range from a mandatory two-years to a shorter period of suspension or even a reprimand.
Whilst Ujah may be eligible for a reduced sanction under the WADA Code, he may still face a lifetime ban imposed by UK Athletics (“UKA”) due to a clause which has been included within all UKA contracts since 2016. Due to Ujah being found to have committed an ADRV he has been sanctioned by the AIU and as a consequence has been referred to the CAS. The CAS will now consider the ADRV and determine the sanction. The World Athletics Anti-Doping rules are clear, if an athlete competing as a member of a relay team commits a violation, the whole team will be “disqualified from the event, forfeit titles, awards, medals, points and prize and appearance money”.
Wider Implications
Following the positive tests, it has been reported that UKA is anticipated to conduct a full review of its world-class performance programme; its funding structure and in particular how it should apply to athletes such as Ujah who spend long periods of their career training overseas, including in the USA, where anti-doping rules and prohibited substances vary. The WADA Code, is however, adopted internationally in an attempt to eradicate any disparities and in order to safeguard athletes so far as possible through a uniformed system.
