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However, if there was NOTHING prior to his positive test, it's pretty hard for the FIM and/or WADA to determine his intent after the fact. If there is no evidence of trying to obtain a TUE prior, that's not a clerical or paperwork error.
And yes, I know, he was guilty. I'm talking the severity of the punishment, for those who are about to say something.
I also suspect that, while most people are saying the penalty should have been much less, James may have been lucky not to get a longer suspension. My guess is that the starting penalty was two years, which was then reduced in light of his recently approved TUE's showing a genuine need for adderall.
I just like to shine a light on them sometimes. This is not directed at Crush or Fraser, but if people can see and understand why they do those things, occasionally it can help them.
The advantages associated with illegitimate usage at high doses are not the same as those at doses used as prescribed by a physician. The WADA TUE process is very strict, and they are not granted unless the treatment regime is agree upon by the reviewing board to be medically necessary.
Of course, we can never know if Stew was following his Dr.s recommendations as far as dosage goes.
"MXS is opposed to the practice of doping in sport, on ethical and medical grounds, and fully supports the position of the
World Anti-Doping Agency (WADA) against the use of banned substances and methods."
"Accordingly, MXS has adopted WADA’s anti-doping policies and procedures in order to ensure a clean, healthy and fair
sporting atmosphere for all athletes."
"Riders competing in MXS events are subject to blood and/or urine testing for any substances or methods on the World
Anti-Doping Agency (“WADA”) Prohibited List: http://www.wada-ama.org."
"Sample collection shall be in accordance with the WADA International Standard for Testing"
"Penalties for first and subsequent
offenses may include but not be limited to:
a. Suspension from competition for an indefinite period, such period to cover a minimum of two-years, or a period to
be determined by MXS."
But how could it turn out any different? WADA can not make any exceptions. They have a well established history of handing down bans of 12-18 months EVERY SINGLE TIME they busted someone for amphetamines. How can they justify being more lenient on Stew?
Punishment for a sanctioning body and ADA is not about the person being penalized, it is about discouraging others from doing the same in the future. This is not about Stew...it is about the whole of 'competitive sports'.
However as the press release explained a WADA suspension covers all racing so that includes all competition (SX, MX, Arenacross, etc.) for the duration of the ineligible period. JS is appealing the ruling so the time period may not end up at 16 months, of which 8 have already been served.
Pit Row
Congratulations on your TUE for next year. We have absolutely no problem whatsoever with you using the substance in question while competing since you have now filed the proper paperwork.
But we have decided to retroactively destroy your 2014 season, including both "super" cross and the outdoor "nationals". You will have to forfeit all wins, prize money, etc. from last year from the positive test forward. Of course, we don't have the power to force, nor will we ask Feld Entertainment and everyone else who profited from you riding to unwind the past and give up everything they gained however.
And of course, despite the fact that you have now gone through all the proper procedures, and filed the proper paperwork to receive approval for the TUE in 2015, we feel it is necessary to destroy the 2015 season of both "super" cross and outdoor "nationals" for yourself, your sponsors, and most of your fans, by not allowing you to ride until August, 2015. We strongly feel it is necessary to destroy 4 of your seasons for a single-and first-violation.
We apologize for taking far longer to decide this case than many murder trials take, however these things must be handled very carefully and thoroughly. Plus, as we all summer in different areas in Europe, it was difficult to coordinate things between us. Also, Wolfgang briefly ran out of Cristal, and Giuseppe ran out of caviar more than once, and to ask them to continue the discussions without those would have been very inconsiderate on our part. (Please use discretion in revealing to anyone that Giuseppe was part of the discussions, as it would look good for neither Wolfgang nor ourselves. Thank you for understanding.)
We are aware that you are nearing the end of your illustrious career, but feel that a 16 month suspension probably will not bring it to a premature ending. We also hope it does not endanger your status as an icon of the sport. It would be a shame to have one of the sport's most popular riders of all time end his career in controversy and disgrace, but you American cowboys always seem rather stubborn when it comes to following our Rules the way we absolutely demand from the rest of the world.
It may seem odd to you that a European organization such as ours has any power over the American "super" cross and outdoor "national" series, since they are perfectly capable of governing themselves, but that is what the organizers of those series decided. They are obviously wise, have excellent judgement, and who are we to argue with them?
In closing, we wish you much success year after next in 2016, and hope for your full recovery from the condition requiring the TUE.
Sincerely,
The Fédération Internationale de Motocyclisme
PS: Please pass along our heartfelt thanks to Mr. Villopoto for rescuing the rapidly sinking motocross GPs from failure. Giuseppe has indeed made things very difficult with some of his decisions but he is family and what are you going to do, yes? This should buy him some time for which we are very grateful.
If they are striping his 2014 results, how would that affect SX or MX final points or standings for other riders? I haven't looked at it closely, but just curious how bonuses work when a rider gets bumped up to a higher result so to a situation like this.
For me all these drugs do is put my practice into work it's kind of like a "switch on" feel, most of us are unable to perform at our very very best at all times, for me it's like this 5% of the time I'm at my best 15% I perform very well 60% of the time I'm performing ok and 20% of the time I just don't feel it.
You add adderrall you will perform close to your highest level if not the highest, I can understand the temptation and need to take the drug, when you put all that work off season you would want to perform at peak on race day.
Anyway it does not change the fact the rules are the rules everyone is aware of them, James would be racing at A1 if he was only under suspicion of taking adderrall, once you have a positive test with wada it's over you cannot undo it you will be banned no matter what.
I'm not sure if this is a harsh penalty or not, in Australian football a player got banned for 2 years for testing positive to a banned substance that was in a protein powder which is the same protein powder that he is sponsored by.
Maybe James and his people didn't play nice and he copped a bigger ban.
It sucks so bad he has not put a good season in since 07-08 and last year it really looked like he was turning it around.
James is the best rider I have ever seen he changed the whole sport, I hate to see him go out like this.
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