Related case:
CAS 2016_A_4697 Elena Dorofeyeva vs ITF
February 3, 2017
On 27 May 2015 the Independent Anti-Doping Tribunal of the International Tennis Federation (ITF) decided to impose a 6 month period of ineligibility on the Ukrainian Player Kateryna Kozlova after her sample tested positive for the prohibited substance 1,3-dimethylbutylamin (DMBA).
The Athlete admitted the violation and testified that the prohibited substance was an ingredient of the product Red Rum recommended, bought and supplied by Dr. Elena Dorofeyeva and used before the matches in Turkey (in December 2014) and Australia (in January 2015).
Hereafter in July 2015 the ITF reported an anti-doping rule violation against the Ukrainian Dr. Elena Dorofeyeva for the administration of prohibited substances to the Athlete Kateryna Kozlova.
After several attempts by the ITF to notify Dr Dorofeyeva of the violation she filed a statement in her defence in November 2015 and she did not attend the hearing of the ITF Independent Anti-Doping Tribunal.
Dr. Dorofeyeva submitted a number of arguments and motions in this case. She denied the violation, asserted that she had not prescribed or advised the use of Red Rum to anyone as she did not know the product.
Considering the evidence and statements in this case the Tribunal Sole Arbitrator rules:
- not to accept Dr Dorofeyeva’s denial for the prescription by her, and the provision by her, to Ms Kozlova of Red Rum in November 2014;
- not to accept her denial that the ‘Elena’ on the pharmacy receipt referred to her;
- that Dr Dorofeyeva is subject to the jurisdiction of the Tribunal and therefore her jurisdiction motion is rejected;
- not to accept the claim that she suffered due to the period of avoidable delay and therefore her deadline lapse motion is rejected;
- that her right to a fair trial is not violated and therefore her summary judgment motion is rejected;
- that Dr Dorofeyeva has committed an anti-doping rule violation for the administration of a prohibited substance to Ms Kozlova.
On 9 June 2016 the Sole Arbitrator of the Independent Anti-Doping Tribunal decides to impose a 4 year period of ineligibility on Dr. Dorofeyeva starting on 1 May 2016.
