Something I had forgotten: Alejandro Valverde is not the only rider Pat McQuaid tried and failed to sideline using catch-all clauses. In 2009 he went after Tom Boonen, who in April of that year had tripped his third AAF for
cocaine in as many years but, because the test was OOC, the AAF didn't become an ADRV. According to a UCI announcement, the Disciplinary Committee were to be asked to suspend the Belgian for between one and six months:
“The behaviour of Tom Boonen, even though it does not constitute a violation of the anti-doping rules, can be considered unacceptable (Art.1.2.079) and liable to harm the image, reputation or interests of cycling or the UCI (Art. 12.1.005)."
The relevant clause read then as it does now:
12.1.005 Anyone subject to UCI Regulations shall be suspended for a minimum of one and a maximum of six months, who:
1. behaves in a violent manner or uses defamatory or abusive language to or about a commissaire, a UCI body or its members or, in general, anyone performing a function provided for in the UCI Constitution or Regulations, or
2. behaves in such a way as to blemish the image, the reputation or the interests of cycling or the UCI, or
3. without valid reason, fails to respond when convened or summoned by a UCI authority or disciplinary body.
The Disciplinary Committee had not banned Boonen by the time the Tour de France came around, and - this being before the UCI-ASO ProTour Wars had fully ended and ASO agreed to accept all Pro-Tour (World Tour) teams without question - ASO, in order to "preserve its reputation", decided for itself to
refuse Boonen's participation, claiming "the image and the behaviour of Tom Boonen are incompatible with the image of the Tour de France and that which an exceptional champion like him has to convey." Boonen appealed to the Chambre and they laughed ASO
off the stage, granting the Belgian permission to start the race. At which point
the Gods intervened and Tommeke came down with a dose of the *** and had to skip the start.
Boonen
was suspended, briefly, by his team (Pat Lefevere's Quick Step, who benched him in May but had him back again in time for the Dauphiné Libéré). Whether the Disciplinary Committee ever rendered judgement in the matter I don't know (they would have had to, one way or the other, but good luck trying to find firm evidence of it). It would appear, however, that they quickly said no ban was warranted/permitted, and
communicated this fact to ASO.
(Boonen's 2008 AAF – again OOC and so not producing an ADRV – also saw ASO block his appearance at the Tour, but on that occasion the team agreed to pull him from their line up.)
(That wasn't the only time the Gods had to intervene to do something the rules wouldn't permit: in 2006 ASO had
tried to ban the whole of the Astana team, in the immediate wake of Puerto, claiming "an organiser has the right to refuse a team or a member of a team whose presence is susceptible of blemishing the image of cycling, of the organiser or of the race" (aka the disrepute clause). Again they
failed. Again the Gods
intervened.)