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The Honolulu Advertiser
Posted at 5:01 p.m., Monday, May 4, 2009

Swimming: Arbitrator reduces Hardy's doping suspension

By BETH HARRIS
AP Sports Writer

LOS ANGELES — Swimmer Jessica Hardy had her two-year suspension for a failed drug test reduced to one year Monday, allowing her to return to competition this summer.

The American Arbitration Association issued its decision, saying that a longer sanction would be disproportionate to the facts of the case.

As a result, Hardy's suspension ends July 31, which is after the U.S. team selection meet for the world championships in Rome.

The 22-year-old sprinter from Long Beach withdrew from the U.S. Olympic team last August, nearly a month after she tested positive for a low level of clenbuterol, a prohibited anabolic agent, at the Olympic swimming trials.

Hardy qualified for the Beijing Olympics in two individual events — the 100-meter breaststroke and 50 freestyle — and the 400 free relay.

The arbitrators found Hardy's positive test was caused by a contaminated nutritional supplement called Arginine Extreme made by Advocare International, a Carrollton, Texas-based company.

Hardy said she took another of the company's products, Nighttime Recovery.

The panel found that Hardy had received personal assurances from Advocare regarding the purity of its supplements, and that under the circumstances, the swimmer should receive the shortest possible suspension allowed under the rules.

"I am extremely happy that the arbitration panel was persuaded by my scientific proof of supplement contamination, and that they believed me when I told them that I never have and never will use performance-enhancing drugs," Hardy said in a statement issued by her attorney.

"I look forward to returning to competition as soon as possible and proving that my prior successes, including at the Olympic trials, were achieved solely through hard work and discipline, with no shortcuts."

Hardy described the past year, including missing the Olympics, as "heartbreaking, the most difficult year of my life."

She said her pain was made more tolerable by support from teammates, competitors and fans.

The arbitrators also considered the possible application of a new rule from the International Olympic Committee, which could potentially preclude Hardy from competing at the 2012 London Olympic since her penalty is longer than six months.

The arbitrators said that such a result would be "grossly disproportionate," and said they would retain jurisdiction to reconsider the length of the penalty if the IOC did not waive the application of its new rule to Hardy.

"I don't think she'll be taking any supplements anytime soon," her attorney Howard Jacobs told The Associated Press by phone. "She competed many years without supplements."

Advocare International sued Hardy in Texas for negative comments she allegedly made about their products. Hardy countersued in Los Angeles, accusing the company of not telling her its products were allegedly contaminated. The court has yet to rule on where the lawsuits will be heard.

USA Swimming said in a statement it was pleased the situation was resolved.

"Jessica has served a significant penalty and has taken responsibility for her actions, which were ruled unintentional," the sport's national governing body said.

"The importance in being diligent in following the anti-doping rules cannot be overstated, and this case should serve as a stern reminder to all athletes to take extreme care with everything they put into their bodies."

Hardy was tested three times during the 2008 trials in Omaha, Neb. The results were negative for samples taken on July 1, after she won the 100 breaststroke, and on July 6, shortly after she finished second in the 50 free.

But Hardy's "A" and backup "B" samples both came back positive from the test on July 4, when she finished fourth in the 100 free.