Back from the dead
So he tests positive for CERA at the TDF and at the Olympics. I was wondering if this is considered two separate violations, which could mean a suspension of 8 years to life. I'm not 100% sure, but the answer could be surprising. Here are the UCI rules:
He was notified of his TDF positive on October 6, 2008, which was after the Olympics. The way I read the rules, because notification of the first violation occurred after the Olympics, the two separate viloations are either considered one violation, or are treated as if the two violations were adjudicated at the same time. Either way, that means a much lesser sentence is imposed.Additional Rules for Certain Potential Multiple Violations
309. For purposes of imposing sanctions under articles 306 to 308, an anti-doping rule violation will only be considered a second violation if it is established that the License-Holder committed the second antidoping rule violation after he received notice pursuant to Chapter VII (Results Management), or after the UCI or the National Federation made reasonable efforts to give notice, of the first anti-doping rule violation. If the UCI or the National Federation cannot establish this, the violations shall be considered together as one single first violation, and the sanction imposed shall be based on the violation that carries the more severe sanction. However, the occurrence of multiple violations may be considered as a factor in determining Aggravating Circumstances (article 305).
310. If, after the resolution of a first anti-doping rule violation, facts are discovered involving an anti-doping rule violation by the License-Holder which occurred prior to notification regarding the first violation, then an additional sanction shall be imposed based on the sanction that could have been imposed if the two violations would have been adjudicated at the same time. Results in all Competitions dating back to the earlier anti-doping rule violation will be Disqualified as provided in article 313. To avoid the possibility of a finding of Aggravating Circumstances (article 305) on account of the earlier-in-time but later-discovered violation, the License-Holder must voluntarily admit the earlier anti-doping rule violation on a timely basis after notice of the violation for which he is first charged. The same rule shall also apply when facts are discovered involving another prior violation after the resolution of a second anti-doping rule violation.
311. Where a Rider, based on the same Testing, is found to have committed an anti-doping rule violation involving both a Specified Substance and another Prohibited Substance or Prohibited Method, the Rider shall be considered to have committed a single anti-doping rule violation, but the sanction imposed shall be based on the Prohibited Substance or Prohibited Method that carries the most severe sanction. This will not preclude the presence of multiple Prohibited Substances and/or Prohibited Methods to be considered as a factor in determining Aggravating Circumstances (article 305).