Reasons Salazar received a 4-year ban:
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1. L-Carnitine – Administration – Magness Infusion
"The Panel finds that USADA has met its burden of proof to show that there was: 1. A
Prohibited Method, an infusion over the applicable limit; 2. Mr. Magness was an Athlete;
and 3. Respondent, specifically and aggressively, facilitated and otherwise participated
in Mr. Magness’ Use of the Prohibited Method. Respondent has committed a violation
of Article 2.8."
2. Tampering and/or Attempted Tampering - L-Carnitine
"Respondent thus positioned the infusions as injections and forcefully instructed the NOP
Athletes not to disclose them. Respondent’s argument that no doping controls actually
occurred and thus there was no instance where the instructions were followed is of no
relevance to the analysis. The Panel must determine whether Respondent engaged in
what he considered to be intentional or fraudulent conduct to alter results or prevent
normal procedures from occurring."
"A majority of the Panel finds that Respondent did deliberately engage in intentional
conduct to alter results or prevent normal procedures from occurring. He was clearly
operating under the impression that the NOP Athletes could be asked about infusions and
a majority finds he tried to prevent the normal procedure from occurring by instructing
the NOP Athletes that no declaration of use of LCarnitine was required and that they
should deny they had the L-carnitine infusion when asked about infusions when getting
drug tested in or out of competition."
Salazar's emails to Shelly Rodemer regarding the distinction between infusions and injections:
Jan 5, 2012 1:17 pm
Hi Shelly, this Globaldro link and the WADA link regarding
injections and infusions. From reading both of these we will
proceed with the following understanding: As long as an injection
into a vein using a standard needle or butterfly needle is under 50
ml and contains no banned substances, the athlete does not have
to apply for a TUE and should not consider it an infusion, and
should answer “NO”, if asked by drug testers if they’ve had an
infusion in the previous six months.
Is this correct? Thank you! – Alberto Salazar
Jan 5, 2012 2:53 pm
Hi Shelly, I just found this old email where Amy Eichner answered
my earlier question to you regarding whether an injection of under
50 ml should be declared when an athlete is asked when drug
tested. She says below that it’s not necessary so unless USADA’s
stance on this has changed, you don’t need to answer me back.
Thanks for all your help and have a great week! — Alberto
The email Salazar sent to his athletes which has resulted in him being charged with Tampering:
Jan 5, 2012 3:27 pm
HI Dathan, Alvina, and Galen, For your interest. When asked
about an infusion, you are to say no. LCarnitine and Iron in the
way we have done it is classified as an injection. So no TUE’s and
no declaration needed, not online and not when asked about
infusions when getting drug tested in or out of competition..Thanks
– Alberto
3. Trafficking and/or Attempted Trafficking of Testosterone – Testosterone Experiment
"In any event, even reading the rule as the parties have done, the Panel does not find
Respondent’s conduct of an experiment using his two sons to be such an “acceptable
justification.” Respondent is an Athlete Support Person bound by the provisions of the
Code, the experiment was conducted at the lab of his employer, where his purpose is to
act in his capacity as an Athlete Support Person. In that capacity, there is no acceptable
justification to give any third parties a Prohibited Substance so he can conduct a test
related to his job."
"While it does not appear to the Panel that the Respondent was trying to intentionally
circumvent the applicable Code provisions, he is subject to a high standard under the Code, especially as a coach and an example to his athletes and the Athletics community.
Unfortunately for him, under the plain meaning of the relevant Code provision, as an
Athlete Support Person, Respondent is strictly prohibited from trafficking in testosterone
by giving it to third parties. The Panel therefore must find that he has violated this Article
in the context of the testosterone experiment."
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"Here, the Panel found the following violations of the Code:"
See items 1-3 above
"Accordingly, the Panel finds that the period of Ineligibility shall be four years from the
date of this decision."
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For those with concerns regarding Salazar promoting doping and/or directly doping his athletes:
"...the evidence was that once Respondent had contacted USADA on
December 3, 2011 to seek approval of his “research” and Dr. Fedoruk responded very
specifically on December 6, 2011 that the limit of any infusion should be 50 mL,
Respondent instructed Dr. Brown and Mr. Magness that the infusions should in the future
be a maximum of 50 mL. All the contemporaneous email exchanges thereafter indicate
that the original plan was altered and the intention was to comply with the Code."
"There was plenty of credible testimony about Respondent’s intent concerning
athletes at the NOP not having any anti-doping rule violations or taking any
prohibited performance enhancing drugs."
"A majority of the Panel finds that no substantial step was taken by Respondent with
respect to an anti-doping rule violation (i.e. the Use of a Prohibited Method/over volume
infusion) for the NOP Athletes and in fact, Respondent was explicit at the time in taking
whatever steps were necessary to avoid any such conduct."
"...the record as it involves Respondent is clear that he was trying not to have the NOP
Athletes commit an anti-doping rule violation. Rather than assisting, encouraging or
covering up, the record is very clear that Respondent was trying to have the L-carnitine
infusions after Mr. Magness’ be done in compliance with the Applicable Rules."
"a majority of the Panel found the infusions given to the NOP
Athletes were not a Prohibited Method. Respondent was specifically not assisting,
encouraging, aiding or abetting an anti-doping violation,"
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https://drive.google.com/viewerng/viewer?url=https://www.usada.org/wp-content/uploads/Salazar-AAA-Decision-1.pdf