U.S. and international Olympic officials plan to go to the highest court in sports over an anti-doping rule that could prevent American runner LaShawn Merritt from defending his 400-meter title at the 2012 London Games.
The International Olympic Committee and U.S. Olympic Committee are nearing agreement on jointly asking the Court of Arbitration for Sport for a definitive ruling on one of the key elements of the IOC's anti-doping program, officials with direct knowledge of the situation told The Associated Press.
The officials spoke on condition of anonymity because the discussions are still ongoing.
Both sides want CAS to make a ruling as early as possible to avoid last-minute confusion and legal wrangling in the months and weeks before the Olympics start on July 27, 2012. The decision will be closely watched as a test case that could affect other athletes.
At issue is the IOC rule that bars any athlete with a doping suspension of at least six months from competing in the next Olympics. The rule was approved by the IOC in 2007 and went into force just ahead of the 2008 Beijing Games.
Critics claim the rule amounts to a second punishment and doesn't withstand legal scrutiny. The IOC says it is not a sanction but an eligibility issue, and the Olympic body determines who can participate in its event.
Merritt, winner of the 400 meters in Beijing and world champion in 2009, received a 21-month suspension last year after testing positive for a banned substance found in a male enhancement product.
His penalty was reduced from the usual two-year suspension because he cooperated with authorities and was found to not have taken the drug to enhance athletic performance.
Merritt's ban expires in July, meaning he can return to international competition, including possibly at the world championships in Daegu, South Korea. However, Merritt would be ineligible to compete in London under the IOC rule.
The American Arbitration Association panel that banned Merritt contested the IOC rule, saying it goes against the World Anti-Doping Agency code and would essentially extend his ban to three years.
If Merritt were to qualify for London at the U.S. Olympic trials next year, it would leave the USOC and IOC in a tricky position. That's why the parties would like to settle the case soon.
CAS secretary general Matthieu Reeb said the court had not yet received any appeal or request for arbitration, but said it would make sense for the issue to be resolved there.
''Because this rule seems to be so difficult to apply for certain cases, I think it's much better to have a ruling from CAS way in advance of the Olympic Games to avoid a sort of quick decision three weeks prior to the deadline for the registration of athletes,'' Reeb told the AP.
''So we have time to organize a proper procedure during the year and to have a final ruling which would be applicable to all athletes. I think many other athletes could be concerned, not only the U.S. athlete. It would be a good test case.''
Also affected could be American swimmer Jessica Hardy, who missed the 2008 Beijing Olympics after testing positive for clenbuterol. She was found to have unknowingly taken the banned agent in a contaminated food supplement and her two-year suspension was reduced to one.
IOC vice president Thomas Bach, who heads the IOC's juridical commission, defended the rule at an executive board meeting in January.
''We made it clear from the very beginning that it is not a sanction,'' Bach said. ''It is a condition of participation. The IOC is governing the Olympic Games and has the right to put conditions for participation.''
