At Global Sports Advocates, our international anti-doping lawyers understand the uncertainty that follows a positive test result. We guide athletes through these challenging circumstances, helping them respond effectively while protecting their rights and exploring all available defenses.
What an Adverse Analytical Finding Means
An Adverse Analytical Finding (AAF) indicates that a WADA-accredited laboratory has detected a prohibited substance, its metabolites, or markers in your sample. This is often referred to as a “positive test.” However, it's important to understand that an AAF is not yet a final determination that you've committed an anti-doping rule violation.
When your sample tests positive, the anti-doping organization with results management authority will conduct an initial review to determine whether you have a valid Therapeutic Use Exemption (TUE) for the substance or if there was an apparent departure from the International Standard for Testing and Investigations or the International Standard for Laboratories that could have caused the AAF.
If this initial review doesn't resolve the issue, you'll receive formal notification of the AAF and the specific substance detected. This notification marks the beginning of the results management process, during which you'll have the opportunity to respond and present your defense.
Key Steps to Take After an Adverse Analytical Finding
While the burden of proof ultimately rests with the anti-doping organization after an Adverse Analytical Finding, you'll need to provide evidence to support any claims about how the prohibited substance entered your system. The decisions you make in the days following notification can significantly affect your ability to mount an effective defense.
1. Consult With an Anti-Doping Lawyer Before Responding
The anti-doping legal framework is complex, and statements made without proper legal guidance can inadvertently harm your case. An anti-doping lawyer will help you:
- Understand the specific substance involved and the potential consequences you're facing. Different substances carry different sanctions, and some have threshold limits that affect the outcome.
- Review the notification letter carefully to identify any procedural issues or rights you should exercise immediately. Legal representation helps ensure you don't miss critical opportunities to defend yourself.
- Assess whether you might qualify for a retroactive TUE. In some cases, athletes may be granted a retroactive TUE for medically necessary treatments that resulted in the AAF. An attorney can help determine if this applies to your situation.
2. Take Steps to Preserve All Relevant Evidence
Time is of the essence, as crucial evidence may become unavailable if you delay. We recommend the following steps:
- Secure any supplements, medications, or food products you consumed in the days leading up to your test. Store these items in their original containers and note when and how much you used. If possible, retain unused portions with the original packaging and lot numbers intact.
- Gather all medical records related to any treatments or prescriptions you received before AAF. Medical records are particularly valuable if you believe a prescribed treatment may have contained a prohibited substance.
- Document your activities and locations in the days preceding the test. Create a detailed timeline of your whereabouts, meals, training sessions, and any treatments or therapies you received. Note any unusual circumstances or deviations from your normal routine that could be relevant.
- Identify witnesses who can corroborate aspects of your account. This might include training partners, coaches, medical professionals, or family members who observed your activities or can verify your supplement use. Collect their contact information and brief statements while events are still fresh in their memories.
- Review your doping control form from the sample collection and note any irregularities in the testing procedure. If you observed any departures from standard protocol during sample collection, document these details immediately while you can recall them accurately.
3. Request Analysis of Your B Sample
When requesting B sample analysis, you also have the right to attend the opening and analysis of the B sample or send a representative on your behalf. This presence allows you or your representative to verify that the sample being tested is indeed yours and that proper laboratory procedures are followed throughout the analysis.
During the B sample analysis, laboratory technicians who were not involved in the A sample testing will conduct the analysis. This provides an additional layer of quality control in the analytical process. You should also be permitted to bring your own scientific expert to observe the procedure, though this expert cannot interfere with the testing process.
If the B sample does not confirm the A sample finding, the entire test will be considered negative, and no further action will be taken regarding the Adverse Analytical Finding.
4. Investigate Potential Sources of the Prohibited Substance
Determining how the prohibited substance entered your system is a vital part of your defense. Potential sources to investigate include:
- Contaminated supplements. Have unopened containers from the same batch tested by an accredited laboratory.
- Medications. Examine all medications, including over-the-counter products and prescriptions, especially if purchased in different countries.
- Environmental contamination. Consider possibilities like contaminated meat products containing traces of prohibited substances like clenbuterol, or contact through shared living spaces or intimate partners.
- Manufacturing processes. If appropriate, contact supplement or medication manufacturers to request information about production and potential for cross-contamination.
- Pharmacokinetic studies. For certain threshold substances like specified stimulants, these studies might show the detected level is consistent with inadvertent or out-of-competition use.
