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Mr. Rogers’ Neighborhood: A hard lesson learned

Zajicek accepts warning for low-level doping offense, loses Qinghai Lake overall win

Published: Oct. 14, 2004
Photo: Courtesy www.philzajicek.com/

The past two months haven’t been easy for Phil Zajicek. On August 18, threeweeks after the easygoing 25-year-old Tucson, Arizona, resident took thebiggest stage race win in the 12-year history of the Navigators Insurancecycling team when he won the overall at the UCI 2.3 Tour of Qinghai Lake,Zajicek received word that he had failed a drug test after stage 6, onJuly 22, while wearing the leader’s jersey.

No, Zajicek didn’t test positive for the red-blood cell boosting Erythropoietin(EPO). It wasn’t Human Growth Hormone (HGH), anabolic steroids or a diureticmasking agent, either. Zajicek hadn’t actually tested for an outright bannedsubstance at all, but rather he had tested over the allowable “in-competition”limit for norpseudoephedrine, also known as cathine, which falls underthe World Anti-Doping Agency’s list of prohibited stimulants.

The source of Zajicek’s crisis: over-the-counter Sudafed.

Zajicek claims that while racing in China the heavily polluted air inthe country’s densely populated cities had congested his lungs, and hetook Sudafed, a decongestant that contains pseudoephedrine, to alleviatethe symptoms. Though WADA ruled at the outset of the 2004 season that pseudoephedrine and caffeine would no longer be prohibited as stimulants, norpseudoephedrine — a metabolite (or byproduct) of the legal decongestant pseudoephedrine — is restricted to equal to or less than 5mcg/mL.

Wearing the leader's jersey at the Tour of Qinghai Lake
Wearing the leader's jersey at the Tour of Qinghai Lake
Photo: Navigators Professional Cycling Team

On August 18, Zajicekwas informed that his urine had shown traces of norpseudoephedrine at justover 6mcg/mL. In the eyes of WADA, and thereby the UCI, he was now a doper.In accordance with the USADA Protocol for Olympic Movement Testing, thecase was referred to USADA on August 16 for adjudication from USA Cycling,which received the case from the UCI.

Zajicek was stunned by the news, not only because he had conscientiouslybrought name-brand Sudafed, rather than a generic brand, but also becausehe had, in his words, “built [his] career on being a clean cyclist.”

“I was blown away when I found out,” Zajicek said. “I initially heardabout the positive from my team director. At the time I was driving toBoulder, Colorado, after speaking to interns at Carmichael Training Systemsearlier that afternoon. What was ironic is that during that talk I hadspoken extensively on the ability to compete at a high level in cyclingwhile being drug-free.”

Zajicek’s error was not realizing that as his body metabolized the pseudoephedrine, traces of norpseudoephedrine could be found in his urine. “I thought that it was most likely from something that I had eaten while in China,” he said, “but after a lot of research it became clear what had happened.”

In a statement, Zajicek explained, “Although a published study indicatesthat this metabolite remains in your system for 48 hours, I tested negativeboth the day before as well as the day after the test in question. In fact,of the six tests that I had that week only one showed the presence of norpseudoephedrine. In addition, it is also found in plants indigenous to Northern China, and is quite common in tea and food from that area.”

Asked if there was anyone on his Navigators team telling him to be careful not to take too much Sudafed, Zajicek answered, “No, we were told that it was off the UCI banned list and was now legal to take pseudoephedrine. I was unaware that there were limits on a metabolite of a legal decongestant. Without a pharmacology degree, most people wouldn't even consider this possibility.”

However, on page 26 of the United States Anti-Doping Agency’s (USADA)68-page “2004 Guide to Prohibited Substances and prohibited Methods of Doping,” it is clearly written, “prohibited stimulants are sometimes present in over-the-counter substances such as cold medications, dietary supplements, diet aids and headache remedies…Because these medications are readily available and commonly used, athletes must not inadvertently use items containing prohibited substances.” [That's USADA’s boldface, not ours.]

And on page 21, the code states that, “Even when a prohibited substanceis used for legitimate medical treatment with proper medical authorization,the presence of that prohibited substance, its metabolites, or markersin a specimen is deemed to be a doping violation.”

Navigators team manager Ray Cipollini said all of the team’s riders are provided with UCI, USADA and WADA regulations concerning anti-doping. “No manager of this team has ever, or will ever, tell an athlete that he or she can now freely use a medication or over-the-counter decongestant simply because it has been removed from the banned list,” Cipollini said.

Asked if he felt he’d had any performance-enhancing benefits from theuse of the Sudafed, Zajicek answered, “The only performance benefit thatI experienced was the ability to breathe at full capacity.”

Upon learning of the violation Zajicek voluntarily pulled himself fromcompetition, missing out on his final opportunity to contest the prestigiousU-26 Tour de l’Avenir UCI stage race until the situation had been resolved.

“Upon receiving the news I was very taken aback,” Zajicek said. “Thefirst thing that I did was to research the topic and metabolization processas much as possible. When I found out, I had been training hard for theTour de l’Avenir and the world championships. After finding out, I stoppedtraining and racing. All of my energy was directed into finding out exactlywhat was happening. Even with an accusation that I knew was false, I feltit right to stop racing until the issue was resolved.”

When Zajicek’s B-sample also came back positive on September 10, hewas faced with a decision. Accept the positive test or hire a lawyer andappeal the test results. Under WADA’s “zero leniency” policy, Zajicek faceda maximum two-year suspension, and was informed under no uncertain termsthat an unsuccessful appeal would likely result in a longer suspensionthan an acceptance of the initial finding.

“If I were to fight it, a longer term would have been asked for by USADA,”Zajicek said, “and if I had chosen arbitration, that’s an expensive andlong process.” He estimated he would have had to spend a minimum of $20,000on lawyer fees, experts and pharmacological testing.

Instead, Zajicek was handed a “public warning,” in accordance with theUCI’s rules for a first offense. While not an outright suspension, Zajicekwas fined 666 Swiss Francs ($532) and was disqualified from his first-placefinish overall finish at the Tour of Qinghai Lake.

“I had chosen to accept a one-month suspension from USADA, to be servedin October,” Zajicek said. “Choosing to accept the suspension was a verydifficult choice for me. But the alternative, seeking to have it overturnedthrough arbitration, is both a costly and lengthy procedure with a verylow chance of success, even in an apparently clear case such as mine.”

Zajicek admits the UCI’s public warning is “mainly window dressing.”

“In the eyes of the public, a warning is preferable,” Zajicek said.“It is a concession on [the UCI’s] part. I wouldn't wish this situationupon anyone. The past two months for me have been very difficult. HopefullyWADA realizes their oversight, though, and changes their doping code.”

For Zajicek, losing the result at Qinghai Lake was just the tip of astress-laden iceberg that was weighted with the missed opportunity at l’Avenir,countless hours conversing with lawyers, pharmacologists, and toxicologists— as well as officials at USA Cycling, USADA and the UCI — and the likelihoodof losing out on outside contract offers for the 2005 season.

“It’s unfortunate to have anything negative associated with that race,”Zajicek said. “It was an amazing race and especially significant for ourteam. I don't feel like I cheated at all, what I took was a legal decongestantin normal adult dosages. Unfortunately the rules see it otherwise. LuckilyNavigators have stood by me 100 percent throughout this entire ordeal,and having the team’s support has made a huge difference. I’m currentlyuncertain who I will be racing for next year, but I expect to sign a contractsoon.”

Asked what lesson he’s learned throughout this process, Zajicek’s frustrationsbecame evident. “That’s what I’ve been trying to figure out,” he said.“I guess to exercise 100 percent caution in everything you ingest, regardlessof what you’ve been told whether it’s regulated or not. I didn’t know thatwhen ingesting a legal decongestant it would be possible to test for it’sillegal metabolites.”

While Zajicek can admit to some of the blame — “The onus is on the athlete,”he said, “to know what you’re taking. Under those rules I’m responsible,but I don’t feel responsible. Unfortunately I was ignorant to the pharmacological process.” — he also points a finger squarely at WADA’s confused policies. “I blame the UCI and WADA for this, for not fully realizing the scope of their anti-doping code. They need to review their rules and protocols.This kind of thing should not happen.”

A USADA representative declined to discuss the details of Zajicek’scase until the agency had released a statement.

Still, Zajicek believes in the organizations’ fight against doping.Pushed to discuss his crap luck of testing positive for a Sudafed metabolitewhile EPO and HGH use exists within the professional peloton, Zajicek said,“I think that it is unfortunate but true that there is still doping goingon in our sport. I do believe that the new tests will be successful incatching the cheaters though, and that sport as a whole is benefiting fromthe advancement of the testing protocol.”

And when asked what he might say to someone who would label him as a"doper," Zajicek replied, “I would ask them to review the facts and circumstances before labeling me as a doper. Unfortunately there will always be people who will think what they choose to. I have the tremendous support of my family, friends, and teammates though and that’s what matters most. Luckily most people who know the particulars of the case realize the circumstances,and the fallacies within the doping code.”

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