
Kendrick during his defeat to Garcia-Lopez at Roland Garros
You probably knows the basics of the Robert Kendrick story by now. The ITF press release has been rehashed by several hundred media outlets; churnalism at its finest.
The 31-year-old American tested positive for the banned stimulant methylhexaneamine (MHA) at Roland Garros after taking a tablet to combat jetlag.
The ITF accepted his claim that there was no intent to enhance performance – the treatment of jet-lag in legal terms being classed in the same vein as “hydrating before a marathon”.
There was an outpouring of sympathy on twitter from tennis journalists and Amer Delic pointed out that the sentence seems harsh when compared with the eight months that Wayne Odesnik served after being caught entering Australia with vials of HGH.
After sifting through the 27-page legal document released by the ITF Tribunal it’s hard to have any sympathy for Kendrick.
At best, he’s a complete idiot.
Richard Ingham of the Sunday Times tweeted me: “Do you want to be prevented from working for a year for the next mistake you make? You like the bar that high?”
Even if we accept that Kendrick did not knowingly dope, he made far more than a single mistake. He made a whole catalogue of them. In this case the bar isn’t really that high at all.
The saga begins as follows.
With Kendrick’s fiancée heavily pregnant in the lead up to Roland Garros, he wanted to leave his journey to Europe as late as possible.
Given that he had suffered from jetlag before, he discussed the issue with his coach Richard Schmidt as well as Jim Rich, another coach at the Winter Park Racquet Club in Florida where Kendrick trains.
Rich then gave Kendrick a “trial sized sample packet” of a product called Zija XM3 and according to the player, assured him that it was “an all-natural and organic product from the Moringa tree.”
Not completely satisfied with Rich’s assurances, Kendrick then claims to have spent an hour researching the product on the internet.
Although he failed to find a complete list of ingredients, he found a blog-style site that said the product was WADA approved.
Shortly after his arrival in France on May 20 he took the drug. A few hours later he took a sleeping medication called Ambien.
Two days later he lost to Guillermo-Garcia Lopez in the first round and afterwards submitted a urine sample, which tested positive for the banned stimulant.
Upon hearing he had tested positive, Kendrick accepted a voluntary suspension and withdrew from Wimbledon.
In cases where the authorities accept that there was no intention to enhance performance, “the task for the members of the tribunal is to decide where, within the range of 0 to 24 months, the athlete’s degree of fault takes them.”
Kendrick argued for a three month suspension, back dated to the start of Roland Garros – arguing for a reduced sentence on the basis of his attempts to establish that the drug contained nothing illegal.
However, the Tribunal had several problems with Kendrick’s testimony.
One issue was the apparent contradiction between Kendrick’s written affidavit and his oral evidence (which was given to the tribunal via video link).
During his oral testimony, Kendrick claimed to have discussed the Zija with Schmidt given that neither of them were familiar with the drug.
Yet neither mentioned such conversations in their affidavits which led the ITF to conclude that they were “not satisfied that the conversations to which we have referred above in fact took place.”
Secondly, there was the issue of his internet search. Dr Stuart Miller, the ITF’s anti-doping manager testified that it was possible to find a list of Zija XM3 ingredients simply by conducting a Google search for “Zija XM3 ingredients” – a search term Kendrick never claimed to enter.
The Tribunal also pointed out that the blog page Kendrick cited, which claimed the drug was WADA approved, should have been immediately suspect to the player since it incorrectly referred to the “World Anti-Doping Association”.
According to the Tribunal, such an experienced pro should have known that the second A in WADA stands for “Agency”
Summing up Kendrick’s attempts to establish the legality of the drug, the Tribunal said:
“We are unable to accept Mr Kendrick’s evidence that he tried to find an ingredients list for Zija during his internet research. It is our conclusion that this would have involved a degree of endeavour…which Mr Kendrick was not prepared to undertake.”
The Tribunal was also suspicious of Kendrick’s inability to provide evidence of his internet search and his claim that he deleted his browser history regularly. (They have obviously never used the internet and I’m guessing Kendrick’s browser contains a whole host of sites he wouldn’t want his fiancée to stumble upon.)
The most damning argument against Kendrick relates to the actual doping test he took in Paris.
As part of the test Kendrick was required to fill out a form detailing “any prescription/non-prescription medication or supplements, including vitamins or minerals, taken over the past 7 days.”
He failed to list either the Zija or the Ambien.
His argument that he generally only listed what was “in his system” is quite bizarre and why he would assume to be an expert on the half-life of any medication is anyone’s guess.
The Tribunal wording here is interesting: “At best, this was further evidence of an inappropriately relaxed approach by Mr Kendrick to his doping responsibilities.”
At best.
The Tribunal also pointed out the obvious: that Kendrick never consulted a physician over either his jetlag issues or the Zija, and had instead accepted a drug from someone grossly unqualified to offer medical advice or dispense medication.
They also emphasised that the anti-doping wallet cards issued to players include the number of a hotline they can ring for issues on medication and that Kendrick could have rang the number had he been unsure.
Kendrick admitted to receiving the wallet cards in the past but said he threw them away (just as he said 95% of players did).
One important issue emphasised throughout by the tribunal was the fact that as a pro of 11 years, Kendrick should have no excuse for such negligence.
Referring to the length of sentence, the Tribunal said:
“We were particularly concerned that such a cavalier approach to doping responsibilities should have been taken by an athlete of Mr Kendrick’s experience.
“His conduct was not wilful, but it was culpably negligent, if not reckless.”
They also refer to his experience in the context of setting an example for younger players:
“Had he been a newcomer to the professional circuit, his conduct would have been more excusable.
“Senior tennis professionals should be assiduous in setting the highest of standards in relation to their doping responsibilities in order to set appropriate examples for those new to the profession to follow. Mr Kendrick did quite the opposite.”
The Tribunal also admitted that part of the consideration for the sentence was a desire to “send a message” to other pros and said that in their view, “a Period of 12 months achieves this; a shorter Period would not.”
For anyone who would like to get deeper into the case law precedents regarding suspensions for MHA, feel free to read the document. I’ve gone on for long enough and only intended to provide a brief outline of the proceedings.
Looking at the details of the case, it’s not a simple matter of Kendrick “making a mistake” as is the impression given by the news articles that basically re-wrote the ITF’s press release.
At best, Kendrick made a series of idiotic decisions from start to finish.
At worst, he knowingly tried to hide the drug when he filled out the form prior to his test at Roland Garros hoping it wouldn’t show up in his sample, then lied to the Tribunal afterwards.
The lenience afforded to Wayne Odesnik will present problems for every lesser doping infraction that crops up in tennis from now on, but taking this case in its own right, a 12 month suspension for Kendrick seems entirely reasonable.
thanks for the sum-up
yeah… sometimes a bit of the old wool removal from the old eyes doesn’t hurt… the beauty of it though is that in our age the corroboration of such a story is extremely doable… kendrick’s ticket was a good one… though, not being able to meet the request for a search history detailing the time spent hurt…
kendrick has a reasonably high risk game… for today’s tastes at least… but, i think he is now well advised in spending some time in working to keep the unforced errors down…
As someone who has been around both Kendrick and Odesnik, both are not the sharpest tools in the shed. I could see RK being a bit arrogant on this subject. Let’s also face the facts, only one year of college between the two.
That being said, RK is being made an example of here. How can the powers that be sleep at night after the Odesnik and Gasquet sentences. Kendrick was just dumb, Odesnik was obv. trying to cheat. Gasquet… Well
Excuse me Jerk, Kendrick has 3 years of college under his belt more than most of the ATP players. Get your facts straight idiot.
ok, three years… great. He is still a bonehead.
I still think he is being made an example of…. although he screwed up by getting caught in a dubious story.
Hi, Thanks for posting a great article. I have seen your post! There are a lot of important topics.
Thanks
James
”American Tire Depot”
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Thank you for summarizing the report!
Thanks for this. You were right with what you said on Twitter. There’s info here that I haven’t seen in any news report on the story!
Care to comment on why the ITF released nothing about the positive test result until now? Most other sports announce a positive test when it happens (e.g., Contador). In Kendrick’s case the positive test was May 22, 2011. He took a voluntary suspension June 17, 2011. However, nothing is made public until the decision on July 29, 2001.
It’s a good question and quite a farcical situation. Like you said, in other sports a positive test is usually announced even before the “B” sample has been tested to confirm the result.
Seems to be a common theme in tennis.
Nobody even knew Grigor Dimitrov had been suspended in January until the ban was over. (The ATP was the guilty party on that occasion rather than the ITF)
Kendrick is appealing the decision. This could get interesting:
http://www.tennis.com/articles/templates/news.aspx?articleid=13508&zoneid=25
Can someone please post a site that actually lists MHA as an ingredient to zija xm3? The site linked to in the itf report is either a typo or a broken link http://www.my-healthy-choice.com/xm3-produts.html. There is a similar page on the site with the word “products” correctly spelled http://www.my-healthy-choice.com/xm3-products.html, but this does not list MHA or any other banned substances. It does, however, list phenylethylamine (PEA), which is not banned as far as I can tell.
The official site for this supposedly “jet lag” pill says that it is a “designed to enhance thermogenesis, appetite suppression, and weight control.” It also clearly lists that it has some “stimulants” including Phenylethylamine plastered in the main page. I don’t buy RK’s version at all, he deserves the suspension he got.
I guess I am a dope too. I can’t find a list of ingredients in zija that includes methylhexaneamine. Maybe it comes of a different name but sure can’t find it. I always question people who make loose statements “Dumb American”. Your statement about Kendrick’s education shows your ignorance. How can anyone believe anything you say. But what do I know… I have a 4 year degree and graduate degree.
Robert Kendrick is a talented professional tennis player and a very intelligent young man. I know him personally and know that he has the highest moral values and ethics. The 12 month suspension is not fair to Robert and wouldn’t be to other tennis players of his caliber.
Perhaps but the report says his conduct was very negligent. When he took the doping test it clearly said to list any drugs or supplements he may have taken in the past 7 days and did not list Zija or Ambien. Not knowing what was in the Zija is somewhat excusable. Not listing it before the doping test is inexcusable. Especially after there’s been several cases of players banned from contaminated supplements. At worst he was trying to hide something. At best he was incompetent. If he just declared the drugs then he would have gotten his 3 month suspension. He got what he deserved.
Thanks for all the comments.
It’s quite intriguing that it’s not anywhere near as easy to find MHA listed as a Zija ingredient as the ITF suggests it is.
The problem for those who think the penalty is harsh is that there is always an excuse when someone fails a test. Always. Contaminated meat has been the most popular one lately.
When you bring too much subjectivity into it you open a whole can of worms.
As I already said in the piece, the decision on Odesnik (even though he never failed a test) brings the whole system into disrepute and any penalty will look harsh compared with it.
I still find it hard to have much sympathy for Kendrick. Even after his series of stupid decisions it sounds like he made things worse during his oral testimony during the tribunal.
Saying things like 95% of players throw away their wallet cards makes him sound arrogant and unapologetic. It was always likely to annoy the tribunal. Reading between the lines, a bit more humility would have helped his case.
I assume the CAS will take into account the fact that he cooperated by voluntarily withdrawing from Wimbledon and reduce his ban.
I don’t think he’ll get the 3 months he’s looking for though. People have talked about how he just wants to play one more US Open etc but sentiment shouldn’t come into the decision.
Steve, have you quit writing your blog ? If you have, it’s sad because your blog is the wittiest of all tennis-related blogs I’ve read and refreshingly different
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