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Triathlon: Katja Schumacher Continues to Fight Drug Test Injustice
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German triathlete Katja Schumacher is currently going through the courts to fight what she claims was a bad drugs test. The Runner's Web caught up with Ms. Schumacher in San Diego where she is currently located for training, to do a radio show and to help Ironmanlive with Ralph's California Half Ironman.

Background

On July 11, 2004 Katja Schumacher finished second to Nina Kraft at Ironman Germany in Frankfurt in a time of 9:20:28, a performance consistent with previous ones over the past seven years. Following the race she was selected for a random drug test - the male and female winners and two men and two women of the remaining top 10 finishers were tested.

On August 17th she found out about a positive Doping test from Ironman Germany, through an email from a press person. She had not been informed from her federation; the information was spread to the press and her sponsors before she even knew about it.

The test showed a Testosterone/Epitestosterone ratio of 23.9-to-1 (the legal permissible ratio is 6-to-1). Schumacher denied taking drugs and enlisted support to fight the charges. A hearing date was set for January 28th. The case of doping accusations against Ms Katja Schumacher was finished by a decree of the "Deutscher Triathlon Union“ (DTU) on January 29th 2005. The DTU had to pay for the process.

During the process it was found out that the decision of the disciplinary commission of the DTU of September 8 th 2004 was legally invalid, so Katja was never banned. The court abolished all doping accusations against Katja Schumacher in the hearing on January 29th 2005. It has never been proved that she intentionally took any illegal drugs.

Katja Schumacher decided to start racing on June 1st 2005. Her decision was based on her interest in finishing the case today instead of enduring further prolonged court procedures. She insists that there was no admission of guilt and no finding by the courts of guilt.

Subsequent to this hearing Ms Schumacher issued a release stating:

Herr Wilke, vice president of the DTU published an untrue press statement: He said: “Katja Schumacher’s ban shortened form 12 to 10 month…” This is false! I am not banned and have never been banned. They took it off the DTU website on Sunday after I told them to, but the damage had been done. Newspapers wrote: “Katja Schumacher convicted for doping…”

On February 1st, Kurt Denk, the director of Ironman Germany, issued the following press release:

Due to the court decision and confirmation of the German Triathlon Federation (DTU) from January 29th, 2005 Katja Schumacher will stay banned for competing in triathlon and duathlon events until June 1st, 2005. After having confirmed and corrected the ban for a doping offense the results of the women's race on July 11th, 2004 are announced as followed:
1. Nina Kraft (GER)
2. Nina Fischer (GER)
3. Imke Schiersch (GER)
4. Silke Hamacher (GER)
5. Inge Löhle (GER).

With the final decision in this case Katja Schumacher will not be allowed to race at the Opel IRONMAN GERMANY in the future.

Ms. Schumacher returned to court with the following result:

A German court decided today, that Kurt Denk, organizer from Ironman Germany, has been spreading wrong information through the web-site of Ironman Germany. He also sent out a press release both in Germany and Internationally with incorrect information.

He had suggested, "2005 Katja Schumacher will stay banned for competing in triathlon and duathlon events", which is NOT the truth, the doping accusations did not stand in court and there are no sanctions against Schumacher.

The organizer had also taken the athlete off the results list, which is also illegal. Schumacher's lawyer has asked Denk to recognize Schumacher's second place finish. Schumacher will have to g o to court again, if the organizer doesn't reinstate her result.

To date, Mr.. Denk has refused to reinstate Ms. Schumacher as the second place finisher and is continuing to withhold the $5,000 cash prize for a second place result.

InsideTriathlon reported one triathlete's reaction to this case in February:

"The procedures of this case have been nothing short of appalling," said Paula Newby-Fraser. "When you start throwing up the facts on how the case was handled, up, the whole thing stinks. Her sample arrived at the lab with a broken seal, yet they didn't reveal that to her until three days before her hearing. That alone should have thrown the case out. Then they proceeded to test her B-sample without her legal representation to observe - a right granted under ITU and WADA rules. Then, when her case is supposedly dismissed by the DTU, why does Kurt Denk write on his web site the day after the decision his own personal opinion on her guilt? The race director should stay out of this and leave it to the federation. Yet he bans her. The implications of this are huge. All athletes must abide by federation rules in order to compete. So why can a race director declare a ban on his own? I wonder why the DTU, which is supposed to do everything in its power to assure its athletes get fair representation, abandon her? Why did Kurt Denk stand so ready to crucify her before any channels of justice were available to her baffles me."

The saga continues...

We did the following interview with Ms. Schumacher via email on March 17th:

Runner's Web(RW):
Ms. Schumacher, this case seems to transcend sport and drug testing. While everything surrounding the case seems murky, it appears that

1. The DTU did not find you guilty of doping, and
2. Ironman Germany is now justifying it's continued non-recognition of your second place finish (and the withholding of the $5.000 prize money) on the basis of comments they allege you made about their volunteers. In their press release of February 1, they state:

"Regarding Katja Schumacher's accusation of a possible manipulation of her own special needs in the 2004 race we as the organizers give the following statement:

1. Special Needs are extra voluntary service by the organization and is in the complete own response of the athlete.
2. This service is conducted by long-term experienced and reliable volunteers (in fact in the year 2004 this position was managed and controlled by policemen in private duty).
3. There's no proof that Katja Schumacher used in 2004 the special needs service in our race.
4. The accusation by Katja Schumacher is a disregard of the honour of all our volunteers and is not proven in any case. We can't accept her behaviour and unfair attack against our volunteers."

In fact it was Paula Newby-Fraser that spoke about the lack of control by volunteers over athlete's drinks on race-day?

Does Ironman Germany have the legal right to continue to refuse to recognize your result? What actions are you taking to force them to do so and what is the timetable?

Katja Schumacher(KS):
I would like to point out, that I never accused volunteers, I value volunteer work very much, our sport could not exist without volunteers. There where 200,000 people at the race and any one of those people had access to the special needs, that were placed on a table on the race course for hours. Not one other Ironman in the world handles the special needs in the way Ironman Frankfurt does . My point is, that a race director, who makes money on people betting on the pro's race, should make sure we are safe. I am not trying to accuse anyone. I am trying to find explanations for a test result. I have never in my life taken testosterone, I do not understand, how this test showed such a high ratio of testosterone/epitestosterone in the sample. I also would like to point out, that I still haven't been granted a DNA test to make sure, it even is my urine. Kurt Denk should realize, that the IAAF/ITU rules state: Rule 240 8c) Refreshments provided by the athlete shall be kept under the supervision designated by the Organizing Committee from the time that the refreshments are lodged by the athletes or their representatives.

RW:
What has the impact of this log drawn-out fight been on your ability to train, and for that matter, on the state of your health?

KS:
My physical health is fine. I have been training, I had great training some days and then really bad days. All this made me realize how much I love this sport. I felt at points, that being able to race and train was about to be taken away from me. Now I appreciate every time I am out training. I can't wait till my first race. Being in San Diego for the Ralph's California Half, that I won 2 years ago, brought up a lot of great memories. &nbs p; I felt a very warm welcome, especially from the other pro athletes, but also from organizers, coaches or people, that I have never even met before. I have to admit I was a little nervous to see everybody, as I did not know what to expect. What if somebody doesn't believe me and thinks I am a cheater. This has been a very hard time in my life, and some days it still is, mentally and financially. But I am a triathlete, I am a fighter, I don't let them take me down. And I have found great support from great people. Friends, family and people in the sport of triathlon. I have also learned a lot. Some days I was asking: "Why does this have to happen to me?" I realized, you can't ask that. There are people, who get cancer ... there is that girl from Hawaii, that got her arm bit off from a shark. I am pretty well off . You can't ask: "Why?". You have to just go on with your life, trying to make the best of it.

RW:
What feedback, if any, have you gotten from triathletes and others involved in the sport?

KS:

RW:
How is your training and associated public relations work in San Diego going? Has it been easier in the US than in Germany to put this issue into the background?

KS:
I have been given the chance in the US to tell my story, just recently I was invited to the radio show from Competitor Magazine in San Diego. People here listen, and then make up their mind. In Germany it was a lot harder for me, because the federation and the race director from Frankfurt are way more powerful than me, and have the connections to the press. And for some reason, that I do not understand to this day, they where determined to take me down. They did not follow the rules, they did not grant me my rights, they were trying to make deals (offering me to shorten only ban me for 6month, if I would admit of having taken drugs). They did anything to cover up, that the seals of the samples had been broken. My lawyer said, he had never experienced anything like this in his career. People ask me, why to you keep fighting, why don't you put it behind you and start concentrating on training and racing, the reason is: I have been treated so unfair, I have to make sure things are straightened out. Athletes have to be treated like humans, federations and race directors have to act by the rules. Otherwise, how can we ever encourage young athletes to take up the sport. Drug testi ng has the be done, but it has to be done right!

RW:
What are your plans for racing from June forward? When do you plan to do your next Ironman?

KS:
I will be racing the Honu Half in Hawaii, and the either Ironman France or Lake Placid. I also will be racing a series of 3 short distance races in Germany and some Tricalifornia events. After the first Ironman I will decide on the other Ironman's this year, maybe Wisconcin and Perth, but I am not sure yet. I

RW:
You have won the legal battle against the drug test. Do you think you will ever be able to determine exactly what happened to give a positive test? Do you think that this your responsibility or that of the DTU and Ironman Germany? I am not sure, if I will be able to ever find out. That's the one big problem in the whole thing. I am, as an athlete responsible to prove my innocence. It is not like in civil and criminal court: "Innocent until proven guilty". After a positive A test (there is always two samples an A and a B) you hav e the chance to ask for the B-sample to be tested to make sure there was no mistake, and to be given the chance to prove your innocence. I have asked my lawyer and also hired a scientist to be present for the testing of the B-sample. That was my biggest chance to prove my innocence. It is a written right of the athlete, that right was taken away from me. The federation did not allow my lawyer and the scientist at the testing. Now there is not enough urine left anymore for proper testing. Nobody else in the world wants to know more than me, what really happened.


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