In July 2023 the United States Anti-Doping Agency (USADA) reported an anti-doping rule violation against the swimmer Kensy McMahon after her A and B samples tested positive for the prohibited substance Vadadustat (AKB-6548).
Following notification a provisional suspens was ordered. The Athlete filed a statement in her defence and she was heard for the New Era Alternative Dispute Resolution Arbitration Tribunal.
USADA contended that the Athlete failed to establish that the violation was not intentional. She also did not demonstrate with corroborating evidence how the prohibited substance had entered her system.
The Athlete accepted the test result and denied the intentional use of the substance. She asserted that she carefully checked the products she ingested and that she had been tested multiple times without issues.
After the positive test 18 medications and supplements had been analysed in laboratories and the Athlete also filed the results of a polygraph test and a hairtest. However the presence of Vadadustat was not detected in these 18 products in question.
Moreover she suggested that that the substance entered her system through ingestion from some form of unknown environmental contamination. Also she speculated that, during competition in Italy, one of cups used at the chaotic free-for-all feeding station contained Vadadustat.
The Sole Arbitrator assessed and addressed the Parties' evidence and determines that:
- The presence of a prohibited substance has been established in the Athlete's samples.
- She committed an anti-doping rule violation.
- She failed to establish how Valdadustat entered her system.
- Unknown environmental contamination and alleged ingestion at the feeding station in Italy is mere speculation.
- The polygraph evidence gives little weight and the hair analysis has no relevance in this case.
- The Athlete is not a cheat, nor is there evidence that she acted intentionally or recklessly.
- She failed to demonstrate with corroborating evidence that the violation was not intentional.
Therefore the Arbitration Tribunal decides on 31 May 2024 to impose a 4 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 7 July 2023.
