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The Code, however, does not concern itself with whether the athlete intended to cheat when it determines whether there has been a violation. An athlete can be in violation and penalized without ever knowing he had ingested the substance. So, to me the focus is on determining whether the athlete competed clean, not whether the athlete intended to gain a competitive advantage (cheating). That's a big difference in primary intention. I don't think you can conflate a violation (at least at this early stage) with cheating. They aren't synonymous with respect to the code even if they overlap in some circumstances.
Certainly they taking into account the presence or absence of mitigating factors when they assess a penalty, but that is a penalty issue, not a violation issue.
To me, inferring that a violation means someone is a cheater is the fodder of places like this. It may even be an accurate observation, but it's unrelated to determining whether someone has tested positive in violation of the code, and there are situations where someone tests positive and is in violation without any notion of trying to gain a competitive advantage. And it's my opinion that far more often than not when people are drawing that inference that a particular ride is or is not a cheater it's driven by their preexisting attitudes toward that rider. So it becomes just a different cover on the same endless rider-driven arguments here without adding anything whatsoever to the actual Code compliance question.
Just my thoughts; don't expect agreement under the circumstances. Cox has made an argument, other people have made good counterarguments. Reasonable people can differ, but that's not going to make any difference to the determination of whether there was a violation here.
I don't want him to be banned, certainly not if he genuinely has been taking Aderall on doctors advice and it was simply an administration oversight. But until that is confirmed I will reserve judgement.
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Now, how do you know it helps perform better? Have you ridden with it? If so how come your not racing?
Lastly how do you know that he didn't aquire a tue?
Everything other than the fact he had traces of a drug on the wada list in his urine is irrelevant until the facts come out.
Sounds like you do to me.
If everyone in class was a class clown, nothing would get done. Those examples I gave are the outliers. The fact that you identify with them is telling.
Similar to many other observations made in this thread by many other people.
Glad you brought up facts. Can anyone point out the facts in this situation, without bringing in conjecture and or opinion?
Chimeric Twin (Tyler Hamilton)
Lance made me do it (take your pick)
Carload of Epo and roids were for my mother in law (Rumsas)
Someone jacked the test (Floyd)
Scripts were for the Dog (Basso)
Contemplated doping but never followed thru (Basso)
"marginal gains" (all of Team Sky)
and many more fictional excuses that attempt to explain away a positive test
Where there's smoke there's fire. A millionaire like Stewie doesn't randomly test for something they all know is being tested for. He has trainers, doctors, handlers, managers and so on. File a TUE 30 days in advance and job done. The motor heads have it made, many sports have random testing at any given time. Cyclists, for example, have to log in their whereabouts at all times so that testers can keep up with them - 3 missed tests is the same as a positive test
Man, writing it off as a paper work error? Really?
Let me just ask this one thing cox, if he's been prescribed this medication for years like he claims, why hasn't he been caught until now? They've been testing since 09, surely they would of noticed it somewhere In the last 5 years prior no?
Also, to believe he was ignorant of the rules of getting an exemption is complete shit. Not a paperwork error. He knows they drug test and he knows adderal definitely could be questionable at the least.
There's no excuses for him, sorry.
There is no room for testing in mx outside of blood and hormone testing, those are the only two testing procedures I agree with. These tests need to be reevaluated In our line of racing
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So, count back two years, look at the events where they tested, and my bet is that he wasn't tested on those test dates, either because he wasn't on the podium or because he was out injured or something like that.
Oh and James was tested 3 times during the '12 season and all came back clean from my understanding.
The only reason I ask is because I can honestly say that as much support as you have for him, it almost comes off in a way that actually makes people actually dislike him because of the way you try to spin everything in a way that goes on the attach against everyone who either likes someone else or doesn't agree with something James does.
Of course you're not the only that does this. There are guys with RV, Dungey, Cairoli, Herlings, you name it, that do the same thing. You just seem to stand out the most and I'm curious as to why.
I do have a "lawyer" question for you though. The fact that he had ample time to get a TUE(he may already have had one), the staff to know it was required and the rules clearly spelled out for him......Wouldn't that, in and of itself, imply intent to deceive? It's not like something of this magnitude, with far reaching implications on a man lifelong career could be easily overlooked.
Let me finish by saying this...... No matter what is said there is only one person who knows whether James was trying for an advantage or not and that is James. The only thing anyone else can do is is listen to the evidence presented and form their own opinion. I will say that regardless of who got busted I think setting a weak precedent at this juncture would greatly hurt the whole Drug testing program as it relates to MX/SX.
Post a reply to: James Stewart is not a cheater