The United States Anti-Doping Agency (USADA) was non-committal in response to a SwimSwam inquiry for a further explanation of the different suspensions for two American swimmers who committed seemingly-similar anti-doping violations in the last 18 months.
The public-facing details in the cases of Amanda Kendall and Will Licon seem nearly-identical, including the wording used by USADA in announcing their suspensions:
- Both swimmers declared the use of an inhaler called Breo Elipta, which contains the prohibited substance vilanterol.
- Neither swimmer actually tested positive for the prohibited substance vilanterol.
- Both swimmers were using a “theraputic dose” under the care of a physician.
- Neither athlete obtained the appropriate Theraputic Use Exemption (TUE), though both appear to have been eligible for such an exemption.
When we asked USADA to help us understand the difference between the two cases, their statement indicated that there are often confidential details about the cases that they can’t disclose that might influence the length of the suspension.
“While at face value some case details may appear the same, we must do our due diligence and investigate every case individually in fairness to all athletes.”
Licon received only a public warning for his violation, while Kendall received a 3-month suspension. While on face value, that gap doesn’t seem significant, the pressures from the newly-formed International Swimming League (ISL) means that the financial difference between a 0 month suspension and a 3-month suspension becomes infinite
Kendall’s 3-month suspension makes her ineligible to compete in the ISL ever (based on the current policy), while Licon remains eligible to compete because he was never disqualified, according to the ISL.
Suddenly, small differences in decisions by official anti-doping authorities will have the unintended consequences of subjecting athletes to ‘double jeopardy’ – an additional punishment outside of the bounds of the World Anti-Doping Code. The Court of Arbitration for Sport previously ruled that the International Olympic Committee’s attempt to ban any athlete with longer than a 6 month doping sanction to compete at the next Olympics would amount to double jeopardy, and would not be in line with their signing of the World Anti-Doping Code. While the ISL’s effort to add an extra sanction to athletes disqualified for anti-doping rules violations is similar in nature to the proposal by the IOC, the ISL is not a signatory of the World Anti-Doping Code, nor is it necessarily bound by rulings from the CAS.
Licon is currently a member of the Los Angeles Current. The LA Current is one of 8 teams that are scheduled to compete in the inaugural season of the International Swimming League. The Current are in Group B, and their first meet is scheduled for October 18th-19th in Lewisville, Texas.
The difference is that the USA team needed more Licon!
It seems either the rule change over one year or USADA just opened a can of worms. Now this will be the example to be used for the next case like this -same drug/no TUE.
Asthma is a chronicle symptom that requires a treatment like using an inhaler. Did he have it or newly diagnosed with it? If he has it, he should not just toss the inhaler. He needs to just get a TUE and continue to treat the disease he has.
I bet that they changed the rules. Kendall’s suspension was over a year ago, long before they made the ISL doping rules. Realizing their wrong for this type of violation they did not impose a suspension, thus allowing Licon to continue his career with ISL. Unbelievable!
Should definitely look into legal.
Troubling for Kendall, Licon should definitely be suspended for a short time.
They seem equal, but maybe not. Did they both have TUE through college with this drug? Or did one start taking it as a pro. Lots of questions . Not that both were just taking the same drug. Both should know to fill out a TUE regardless before getting drug tested.
We don’t know 100%, but from what little information we have, it appears as though neither previously had a TUE for this inhaler. We don’t know if one maybe had previous TUEs for other inhalers. That’s a possible parsing, though it seems like a very thin hair to split when it results in one being able to financially extend their career for years and the other not.
So how long is the time line to obtain a TUE? If a physician prescribes a medicine, the advice is usually to fill the prescription and start using immediately – perhaps one had just started and the other had been using for an extended period. Surely FINA or USADA does not expect an athlete to wait weeks or months before filing and using a valid prescription. If you are an athlete subject to these rules, wouldn’t it make sense to just have your physician send a copy and explanation every time you get a prescription ?
The only difference is that Horton will only protest one, not the other.
Oh, I missed the fact that they are both using the same medicine thus the same banned substance. In that case, I would assume the decision should be the same or even longer, since Kendall’s case brought light to the med that includes banned substance. Though we have been puzzled by USADA before, this case really makes swimmers feel comfortable with anti-doping rules and control
YAYYYYY…!
Texas FTW!
Obviously we don’t know a whole lot of details in this case, but if I’m Amanda Kendall I’m definitely hoping I have a good lawyer or 2. She did break a rule but Licon being allowed to compete in the ISL after breaking the same rule seems very off. I imagine that she’s losing a fair amount of money that someone with seemingly the same offense will have the opportunity to earn.
This brings up an interesting dilemma within the ISL. It seems to be great in terms of earning potential for the athletes, and in a sport like swimming that could be huge for retaining more pros and helping them get resources. Banning someone from what is battling to… Read more »