Positive Drug Test
At the 2008 U.S. Olympic Team Trials, Hardy qualified for the USA Olympic Team. A few weeks later, on July 23, 2008, Hardy was notified that the second of her three tests from the Trials came back as positive for low levels of clenbuterol; this notification subsequently leaked to the media. Her attorney confirmed on July 24, 2008, that Hardy's "A" and "B" samples from a test administered on July 4 were positive for clenbuterol, a banned thermogenic weight-loss aid and partial stimulant.
Hardy claimed innocence and said she had never even heard of clenbuterol, attributing her positive drug result to either a tainted nutritional supplement or sabotage. Media coverage of the issue noted that tainted supplements have played a part in some previous instances of bans. An example offered has been that of American swimmer Kicker Vencill, who won a lawsuit against a company that provided him with tainted supplements that resulted in a positive dope test and two-year ban from the sport. Under both American and international regulations, a lack of knowledge of the source of the substance ingested is not considered to be a defence against a positive result.
On August 1, 2008, following Hardy's hearing before the United States Anti-Doping Agency (USADA), USADA released a statement stating, "The U.S. Anti-Doping Agency (USADA) announced today that U.S. swimmer, Jessica Hardy, of Long Beach, CA, tested positive for the prohibited substance clenbuterol at the U.S. Olympic Trials on July 4, 2008, and has agreed to withdraw from the 2008 United States Olympic Team in the best interests of the team." On August 1, 2008, Hardy officially, and voluntarily, left the 2008 U.S. Olympic Team. In May 2009, it was announced that Hardy would be banned from the sport for one year for the positive test.
On May 21, 2010, the Court of Arbitration for Sport (CAS) agreed with the 2009 decision of the American Arbitration Association and dismissed the appeal by WADA (the World Anti-Doping Agency) to increase the suspension from one to two years. However, CAS did not entertain Hardy's request to have the International Olympic Committee join this arbitration nor her request to make a recommendation on her eligibility for the 2012 London Olympic games. In April 2011, it was announced that Hardy will be eligible for the 2012 Olympics.
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