Skandar Akbar
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- Nov 20, 2010
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Maybe the ghost of Buckwheat has shaken up JV so much that he is now sacking guys with no just cause.
Ney the Viking said:I must admit that I do not get what all the fuss is about.
In dec 2009, Vaughters and Steffens recieve a mail from Trent saying "hi guys, here is a copy the quarterly health check that I have sent to the UCI, cheers". They may have given it a quick glance to see if the numbers suggested he was ill, but why do more, its UCI buisness, and Steffen the team doctor is probably more than capable of telling wether he thinks Trent is in good health. It's UCI Bureaucracy they just need to check that the rider has complied and will be approven to go to races.
So far so good.
Then in 2011 they get told that White has reffered Trent to a "V02 Test" at a shady clinic. They then sack White, and decides to look into Trent, that appears to be in negotiations with another team, and they decide to sack him as well.
So far so good.
The team then recieves a mail from Trents lawyer demanding 500k or else he will tell that he went to a shady clinic for an UCI health check! At which point Vaughters decided to tell the press that Trent has gone bonkers.
I can see many things about Vaughters and Steffen that is shady, and not in line with the White Knight of Anti Doping, but this case is not one of them.
Bailey said:This is a bloke holding himself above all other teams when it comes to rigour and protocol. He's just told us he doesn't take much notice of his emails. Neither he nor his staff do. That's incredible.
Colm.Murphy said:But wait, there's more!
The contradictions now start flying:
Number 1: Approvals
Jan 23: Slipstream Team Press Release
“Slipstream Sports has an explicit internal policy that all medical referrals are approved by our medical staff. In this instance, this vital rule was broken. As a result, the Board of Directors has dismissed Matt White,” the team said in a press release.
Jan 27: Slipstream response to Lowe demand for renumeration.
"The quarterly health check does not require you to go to a doctor - it doesn't require any interaction with a doctor who could prescribe medicines or a treatment to you," explained Vaughters.
"It's simply that the rider, of his own volition, can go to any clinic and he simply gives them a list of different elements that need to be tested for in his blood that is required by the UCI - that clinic then sends those results to the rider and then he would send those to [Slipstream Sports doctor] Prentice Steffen and Prentice then sends it onto the UCI.
"We make absolutely no requirements [regarding the choice of doctor to conduct the health check]," continued Vaughters. "Is it annoying that he went to del Moral's clinic? Sure. But that was his choice and since there's no interaction with the doctor or medicines being prescribed as a result of that, we're not going to require that the rider goes to a certain clinic because they're just going for a quarterly blood test - as is required by the UCI."
Well, which is it? Are all medial referral reqquired to be approved by the medical staff?
Indicting statement by Vaughters: "It's really unfortunate timing but our decision was based on policy and nothing more. It is pedantic of us to have to take that action. It's just that we have to live and die by the rules we make for ourselves."
So, here we have Mr. White, fired for cause (violating team policy) and then an immediate clarification directly from Vaughters to the contrary. What? Mr. White, you have just been scapegoated!
Number 2: Interactions
Jan 23: Mr.Lowe "...met with del Moral for a Vo2 test which contravened the team’s strict anti-doping and medical referral rules."
Jan 27: "Lowe took his third quarterly health check - which requires a blood test, as mandated by the UCI - in June 2009 and in December last year the rider told Vaughters via email that this procedure had taken place in del Moral's clinic."
Well, which is it? Did he take a VO2 test or submit to a routine blood check?
No one is syaing which it is, though the current Slipstream public statement indicates nothing about VO2 test, and focuses on the quarterly UCI blood/health check.
Keep in mind, at this point Mr. White is has now been publicly fired and is jobless, plus taking the brunt of the blame for sending Mr. Lowe to Del Moral, which is or isn't a violation of the teams policy and is or isn't an offense that requires immediate dismissal. (huh?)
Number 3: Awareness
Jan 23: "Cyclingnews understands that Garmin were notified of the meeting with del Moral after a contract dispute between the rider and team during the final stages of 2010."
Jan 26: "The PDF attachment was a copy of Trent's UCI quarterly health check blood test conducted in June 2009 and it contained the name of Dr. Luis Garcia del Moral in the letterhead of the results. Neither Dr. Steffen nor Jonathan Vaughters noticed del Moral's name on the letterhead in June 2009 and, at the time, neither Dr. Steffen nor Vaughters were aware that Trent had visited del Moral."
Ok, so now we THINK we understand that Mr. Lowe visited the Performa Clinic in April of 2009 to satisfy his UCI Quarterly Health Check. The team has clarified that the policy for which, according to a Jan 27 Slipstream statement says "We make absolutely no requirements [regarding the choice of doctor to conduct the health check]," and in hindsight it appears that Mr. Lowe, at the behest of Mr. White, adhered to the letter and spirit of the team policy by submitting the UCI Quarterly Health Check in a compliant fashion. Subsequently, as per normal mode of operation, Mr. Lowe forwarded the documentation to the Slipstream management team, including the labs and related billing (reasonable speculation) info to be handled by the team management. Incumbent on the team management is the review of said UCI Quarterly Health Check, to assure its compliance with UCI standards of reporting, and follow-up on any billing items that may be outstanding.
This leaves two pertinent questions:
1. Who reviews, approves and submits (send to the UCI) the required quarterly health checks?
2. Who reviews, approves and processes any invoices or billings related to official team business?
In answering question #1, it leads us to a dilemma I will point us back to contradiction Number 3: Awareness
Jan 26: "In fact, Slipstream was not made aware of any interaction with del Moral until Trent disclosed the information on January 6, 2011. The test results were forwarded to the UCI, as is protocol with quarterly health checks."
This is an entirely disingenuous statement which ignores the fact that Mr. Lowe, via Mr. White's direction, sought out, complied with and submitted with the requisite time period, the information necessary to meet the reporting standards as required for the UCI Quarterly Health Check. Mr. Lowe, in hindsight, as revealed subsequently by Slipstream, complied with the team policy, as outlined by Mr. Vaughters and his public statements regarding, specifically "We make absolutely no requirements [regarding the choice of doctor to conduct the health check]".
Further, Mr. White's dismissal was described by Mr. Vaughters in detail: “This was a hard thing to do, a very hard thing to do but was the only thing to do. Hard decisions need to be made and procedures and policies have to be adhered to. We don’t have a choice if we want the sport to go forward.”
Mr. Vaughters on one hand cites justification for firing Mr. White for an apparent failure to follow procedures, and then on the other exclaims that the team has no such policy related to the completion of mandatory UCI Quarterly Health Checks.... (HuH?)
As to the open question posed at item 2. Who reviews, approves and processes any invoices or billings related to official team business? The best guess that can be deduced from this affair is that NO ONE is tending to the wavering and supposed "policies" of Slipstream, as a requisite operational document from a Pro Tour Team rider, under the direction by the Team DS, clearly was passed on to the UCI and met their standard of reporting, thereby causing no circumstantial concern from the governing body and no immediate cause for concern at an internal level within Slipstream.
So, what can we draw from this?
It appears that Slipstream has:
1. Changed the description of the interaction between Mr. Lowe and the Del Moral related clinic, from one of a VO2 Max Test to one of a standard UCI mandated Quarterly Health Check (going so far as to qualify the latter as an interaction that “do not require an order or attendance from a physician and that there does not seem to be any violation of team policy by Trent Lowe in connection with the performance of the mandated UCI blood tests.”
2. Changed the cause for which Mr. White had been fired as a result of violating an “explicit internal policy that all medical referrals are approved by our medical staff. In this instance, this vital rule was broken”, despite quite the contrary as cited above.
3. It appears that Mr. Lowe, who had been photographed riding a bicycle that would appear to have broken his athlete agreement, disputed the issue of withholding his final paycheque of 2010, and illuminated the Slipstream management that this was an invalid claim, citing other riders who’d circumvented the letter of the soon to expire agreement (with the selective approval of the Slipstream management) and was feeling he was being treated unfairly.
As to any demand for payments above and beyond the amount owed from Dec. 2010, this is left to the barristers to decide, however what is now becoming clear is that Slipstream has played fast and loose with not only their policies but the underlying truth relative to collaborating with approved medical advisors, adherence to minimum reporting standards to the UCI and the causes for which contracts can be terminated and payments withheld.
Slipstream may be actively attempting to stay ahead of the story here, but this only work of the story stays consistent and the transparency matches up with reality.
...met with del Moral for a Vo2 test which contravened the team’s strict anti-doping and medical referral rules."
Bailey said:I don't understand why people are saying poor Vaughters not reading his email pdf attachments is no big deal.
This is a bloke holding himself above all other teams when it comes to rigour and protocol. He's just told us he doesn't take much notice of his emails. Neither he nor his staff do. That's incredible.
Not reading emails or pdf attachments that you NEED to read and act upon is enough to send you to jail in certain circumstances. What if a federal police officer is contacting you with some vital warning that you fail to bother reading? An FBI cease and desist notice or something like that? THe only way you'll know if it's been sent to you is if you open the bloody thing and read it. If you're too busy, employ someone to read your emails and their attachments. If you receive a lot of spam, then get someone to go through it and at least demonstrate you're trying.
At the end of the Lance Armstrong trial, an overlooked email attachment could be the very smoking gun that serves to expose his empire and put him away. I wonder how many people who are now saying "Poor Vaughters didn't read his emails, but who the hell does!" will say the same if such evidence of business incompetence seals a conviction against Lance or one of his assistants?
As someone who happens to know a bit about how incredibly critical an inconspicuous business document such as an email attachment (and what it implies) can turn out to be during a trial, i can tell you Vaughters has some problems on his hands if he's already playing down how thorough he is about processing his inbox.
Colm.Murphy said:But wait, there's more!
The contradictions now start flying:
SNIPPED FOR BREVITY
This leaves two pertinent questions:
1. Who reviews, approves and submits (send to the UCI) the required quarterly health checks?
2. Who reviews, approves and processes any invoices or billings related to official team business?
SNIPPED FOR BREVITY
.... however what is now becoming clear is that Slipstream has played fast and loose with not only their policies but the underlying truth relative to collaborating with approved medical advisors, adherence to minimum reporting standards to the UCI and the causes for which contracts can be terminated and payments withheld.
Slipstream may be actively attempting to stay ahead of the story here, but this only work of the story stays consistent and the transparency matches up with reality.
Bailey said:That stuff, while all very possibly true, is not officially (legally) relevant any more and never will be. Why? Because Vaughters has been quite clear, on more than one occasion now, about why he gave White the sack.
He explicitly said his decision was nothing to do with GreenEdge. You should now pretend that issue didn't exist, just as Vaughters is. We can't just invoke the whole GreenEdge issue on behalf of Vaughters whenever we think he's not making sense on the other stuff.
Your other concern about "rumours" doesn't matter. Rumours are just that. Hearsay and irrelevant, now, anyway.
I have no idea what the actual process is, but I assume it is #2, the team.sheenyp said:Apologies if this has already been answered, but does anybody know who pays for these UCI checks?
Is it the rider who receives an invoice and pays himself?
Is it the team that receieve an invoice from the rider or direct from the clinic?
Is it the UCI that receives an invoice from the rider or clinic or team?
Bailey said:...What if a federal police officer is contacting you with some vital warning that you fail to bother reading? An FBI cease and desist notice or something like that?...
Benotti69 said:excellent post on the situation and i fully expect this to appear in various disguised forms by lazy journos on other sites.
i hope JV reads it and prepares a carefully worded and transparent statement explaining the above if wants cycling fans to give slipstream the benefit of the doubt as to the validity Slipstream being what he claims it is.
JMBeaushrimp said:Nicely done, Colm. Thanks.
As to the journos... Seems like everyone is too busy fauning over the beauty of JV's 'pedantry'. He's quite the politician...
BroDeal said:White seems okay with all this. He probably either he has another job secured or received some sort of compensation.
Colm.Murphy said:Since writing up my thoughts on the situation, the biggest thing of all, which i looked right past is this:
Lowe visited Del Moral TWICE.
1. Once in April 2009, for a purported "VO2 Max test" (JV and White's words)
2. June 2009 to meet requirements for completing the mandatory UCI Rider Health Check.
ingsve said:1. There has been no change at all. In april Lowe was sent to Moral by White for a VO2-test. This is a test that requires interaction with the doctor which is why it's called a referral. Two months later it is time for Lowe to get his health check blood work and he simply goes back to the same clnic he was 2 months earlier since it is in his town of residence.
2. The health check blood works is not something that requires interaction with a doctor. A nurse can simply draw the blood and the clinic does the required tests. This is not a referral and thus does not violate any internal policy just like stated.
3. Vaughters has stated that he requires written permission for riders to attend early-camps while the rider is still under contract. Lowe apparently had not gotten permission while others apparently has i.e. it's Lowes own fault.
I think to speculate is one thing but when doing so I think it's important to try and stick with the facts and not elaborate beyond them.
Elagabalus said:I think you looked past it because of the poor wording of the Slipstream communique. However, I'll let Ingsve answer your question:
Beyond that it seems as if TL was p***ed that he didn't receive his wages and bonuses for December and together with Hardie decided to put pressure on JV by using the ol' "ask for the sun, moon and stars and maybe they'll give you just the moon" trick! If anything I think JV's suggestion that they were trying to extort money was perhaps a tad overwrought. It also seams a bit anal of Slipstream not to pay TL's wages because he was photographed riding another teams bicycle. I know it's in the contract but it has a "let's see if we can get out of paying his salary" feel to it.
Elagabalus said:I think you looked past it because of the poor wording of the Slipstream communique. However, I'll let Ingsve answer your question:
Beyond that it seems as if TL was p***ed that he didn't receive his wages and bonuses for December and together with Hardie decided to put pressure on JV by using the ol' "ask for the sun, moon and stars and maybe they'll give you just the moon" trick! If anything I think JV's suggestion that they were trying to extort money was perhaps a tad overwrought. It also seams a bit anal of Slipstream not to pay TL's wages because he was photographed riding another teams bicycle. I know it's in the contract but it has a "let's see if we can get out of paying his salary" feel to it.
Colm.Murphy said:I agree.
If it was White who had responsibility for sending Lowe twice to Del Moral, Lowe could have a claim that by White sending him, it "must" have already been approved.
Once the first visit goes by with no consequence, then going a second time (for the health check) seems all the more OK.
If Lowe then felt maligned by JV withholding his pay over a contract issue, and felt he could cite a previous, and more egregious, violation of contract or policy which had NOT been enforced, I can now see why Lowe would hold it out as selective.
IE, on one hand you won't pay me because I rode the wrong bike in the waning moments of my contract but you've ignored, or tacitly endorsed, a very significant contract/policy/team rule violation, so either pay me or I will explain the details of the inconsistencies with which you do/don't apply your own rules.
As Slipstream has publicized some rather large sum being asked for by Lowe, I can only imagine that this # is based on what Lowe might consider damages from having Slipstream implicate him in the firing of White, thereby tainting him with suspicion and "guilt by association" due to visiting Del Moral, furthering the assumption that Lowe felt he had reason to trust and believe White had obtained proper approvals for the visits.
That Lowe had been mentioned by name at all seems to be the root of his demand for money. In going back through, it probably was not fully necessary to specify which rider had been sent to Del Moral, unless they felt Lowe had a role to play in the decision for or the concealment of the visit. White could have been fired and the confidentiality of the details may not have needed to be disclosed.
If this is the case, Lowe could be feeling just a bit maligned by the affair, adding insult to injury while his pay was withheld.
Colm.Murphy said:I agree.
If it was White who had responsibility for sending Lowe twice to Del Moral, Lowe could have a claim that by White sending him, it "must" have already been approved.
Once the first visit goes by with no consequence, then going a second time (for the health check) seems all the more OK.
If Lowe then felt maligned by JV withholding his pay over a contract issue, and felt he could cite a previous, and more egregious, violation of contract or policy which had NOT been enforced, I can now see why Lowe would hold it out as selective.
IE, on one hand you won't pay me because I rode the wrong bike in the waning moments of my contract but you've ignored, or tacitly endorsed, a very significant contract/policy/team rule violation, so either pay me or I will explain the details of the inconsistencies with which you do/don't apply your own rules.
As Slipstream has publicized some rather large sum being asked for by Lowe, I can only imagine that this # is based on what Lowe might consider damages from having Slipstream implicate him in the firing of White, thereby tainting him with suspicion and "guilt by association" due to visiting Del Moral, furthering the assumption that Lowe felt he had reason to trust and believe White had obtained proper approvals for the visits.
That Lowe had been mentioned by name at all seems to be the root of his demand for money. In going back through, it probably was not fully necessary to specify which rider had been sent to Del Moral, unless they felt Lowe had a role to play in the decision for or the concealment of the visit. White could have been fired and the confidentiality of the details may not have needed to be disclosed.
If this is the case, Lowe could be feeling just a bit maligned by the affair, adding insult to injury while his pay was withheld.
needasmoke said:martin hardie for as much as i know tweets as @newcyclingpath -- he had an interesting tweet last night http://www.austlii.edu.au/au/cases/vic/VSC/2001/305.html -- internet defemation cases ..