[1][13][14] By November 1995, Foschi had a global ranking of 13th in the 800 freestyle, and according to Newsday was considered by "most swimming observers" to be a "longshot" for the 1996 Olympics team but otherwise "a clear candidate for elite status later in her career.
"[15] In November 1995, The Atlanta Journal-Constitution reported that Foschi tested positive for steroids after coming in third place for the 1500-meter freestyle at the August 1995 Summer Nationals championships in Pasadena, California.
[17] In November 1995, a three-member USA Swimming panel, by a vote of 2–1, put Foschi on probation, which meant she continued to be eligible to compete, including for the 1996 Olympics.
[21] According to the Buffalo News, Foschi received "polite applause" at the awards ceremony, and commented about the impact of the probation decision, "It's a little more difficult than it normally would be, but I'm basically trying to focus on my swimming, and not try to worry too much about that.
[18][6][16] During the hearing, it was stipulated that Foschi did not knowingly take mesterolone, and the issue to be decided was whether international swimming guidelines permitted a lack of knowledge to serve as a defense.
[18] In February 1996, USA Swimming changed the sanction to a two-year suspension,[16][22] which made her ineligible to compete in the Olympic trials.
"[30] Before competing in the Olympics trials, Foschi had filed an appeal pursuant to the Amateur Sports Act of 1978[26] and testified before an American Arbitration Association panel.
[28] In April 1996, the AAA panel removed all United States sanctions[26][31][32] and in its ruling stated "the imposition of any sanction on [Foschi] so deeply offends our deeply rooted and historical concepts of fundamental fairness so as to be arbitrary and capricious", and found FINA strict liability rules to be unenforceable.
[32][17][33] Shortly before the open water competition, Foschi placed 9th in the 1500 meter freestyle at the United States Swimming National Championships, and referring to the FINA decision, said, "It finally all caught up with me.