TAS 2014_A_3751 Athlete X vs WADA
CAS 2014/A/3751 X vs WADA
On 9 September 2014 the TUE Committee of the World Anti-Doping Agency (WADA) partially dismissed the Athlete's TUE application for the use of the substance hydrocortisone (HC) and dismissed in total the Athlete's TUE application for the use of the substance Dehydroepiandrosterone (DHEA).
As a result this Appealed Decision rendered by WADA reversed the Athlete's TUE applications that previously had been granted by the ITF TUE Committee (TUEC).
Hereafter in September 2014 the Athlete appealed the WADA decision with the Court of Arbitration for Sport (CAS). The Athlete requested the Sole Arbitrator to set aside the Appealed Decision and to reinstate the ITF TUEC's decision.
In view of the evidence the Sole Arbitrator establishes that the Athlete failed to demonstrate:
(1) an adrenal insufficiency at the time of the Athlete's November 2012 application for her first HC TUE;
(2) a properly diagnosed medical condition responsible for the adrenal insufficiency afflicting the Athlete since 2013; and
(3) that the recommended treatment, and specifically DHEA,
relates to her medical condition.
Because of the Athlete's medical condition the Sole Arbitrator deems that the Athlete must be authorized to continue to take HC, at levels no higher than permitted in the Appealed Decision until the Athlete is granted a new TUE by the ITF TUEC, based on a proper medical diagnosis but in any event no later than 30 April 30 2015. For the avoidance of doubt, the Appealed Decision's revocation of the DHEA TUE is confirmed.
Therefore the Court of Arbitration for Sport (CAS) decides on 10 February 2015 that:
1.) The appeal filed by the Athlete against WADA's decision of
September 9, 2014 is dismissed.
2.) WADA's September 9, 2014 reversal of the DHEA TUE is upheld, except to the extent that the Appellant's current existing HC TUE is extended until the Appellant is granted a new TUE by the ITF TUEC, based on a proper medical diagnosis, but
no later than April 30, 2015.
3.) The arbitration costs, to be determined by the CAS Court Office and notified by separate letter to the parties, shall be paid by the Athlete.
4.) Each party shall bear her/its own legal and other costs incurred in relation with the present proceedings.
5.) All further prayers for relief are hereby dismissed.
