In June 2023 the India National Anti-Doping Agency (INADA) reported an anti-doping rule violation against the fencer Radhika Prakash Awati after she tested positive for the prohibited substance Methylprednisolone.

Following notification the Athlete's application for a retrospective TUE was rejected in May 2023 by the TUE Committee. Also her TUE appeal was dismissed in July 2023.

Consequently on 17 August 2023 the Anti-Doping Disciplinary Panel of India (ADDPI) decided to impose a 15 month period of ineligibility on the Athlete.

Hereafter the Athlete and INADA appealed the ADDPI decision with the Anti-Doping Appeal Panel of India (ADAPI). Both parties requested the Appeal Panel to modify the Appealed Decision regarding the length of the sanction.

The Athlete denied the intentional use of the substance and argued that she acted with No Significant Fault or Negligence. She asserted that she was unaware that her prescribed medication contained a prohibited substance which she mentioned on the Doping Control Form.

INADA contended that there are no grounds for a reduced sanction and requested the Appeal Panel for a 2 year sanctionb. Without corroborating evidence the Athlete was not credible about the medical treatment she underwent in a hospital.

The Appeal Panel assessed the Athlete's conduct in this case and agrees that she failed to demonstrate with corroborating evidence that she acted with No Significant Fault or Negligence. She filed a dubious medical prescription while there was no hospital records, nor evidence of the purchase of the medication.

Therefore the ADAPI Panel decides on 18 November 2023 to set aside the Appealed Decision and to impose a 2 year period of ineligibility on the Athlete, starting on 17 August 2023.

Annual report 2022-2023 / Canadian Centre for Ethics in Sport (CCES). - Ottawa : CCES, 2023

In July 2023 the Athletics Integrity Unit (AIU), on behalf of World Athletics, reported an anti-doping rule violation against the Ugandees Athlete Janat Chemusto after her sample tested positive for the prohibited substance 19-norandrosterone (Nandrolone). Following notification a provisional suspension was ordered and the Athlete filed a statement in her defence.

The Athlete asserted with medical documents that the prescribed medication she had used for her condition probably were the source of the prohibited substance. Yet, the AIU concluded that her medication could not explain the presence of Nandrolone in her sample.

The AIU determined that the Athlete failed to demonstrate that the violation was not intentional. As a result the AIU offered the Athlete a 1 year reduction when she timely returned a signed Admission of Anti-Doping Rule Violations and Acceptance of Consequences Form.

Following reminders by the AIU in October 2023 the Athlete ultimately returned the Admission Form 3 days beyond the set deadline. Thereupon she failed to demonstrate with evidence that her signed Admission Form indeed had been completed on or before the date of the deadline.

The AIU establishes that the Athlete failed to respond and to  confirm that she disputed the consequences of the violation in her case by the deadlines specified by the AIU. Accordingly the Athlete is deemed to have waived her right to a hearing and accepted the consequences.

Therefore the AIU decides on 17 November 2023 to impose a 4 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 13 July 2023.

In January 2023 the Athletics Integrity Unit (AIU), on behalf of World Athletics, reported an anti-doping rule violation against the Jamaican Athlete Christopher Taylor for his failure to submit to sample collection out-of-competition on 16 November 2022. 

Following notification and a Notice of Allegation in May 2023 the Athlete gave a timely admission, waived his right for a hearing, accepted a provisional suspension and the sanction proposed by the AIU.

Thereupon the Athlete the AIU and WADA entered into a Case Resolution Agreement for the imposition of a reduced sanction due to exceptional circumstances.

Therefore on 17 November 2023 the Athlete accepts a 30 month period of ineligibility, starting on the date of the violation, i.e. on 16 November 2022.

In April 2023 the United Kingdom Anti-Doping (UKAD) reported an anti-doping rule violation against the Polish boxer Krzysztof Glowacki after his sample tested positive for the prohibited substance Boldenone. Following notification a provisional suspension was ordered and the Athlete was heard for the National Anti-Doping Panel.

The Athlete denied the intentional use of the substance and stated that prior he had received medical treatment from a doctor in Warsaw for the serious injury to his hand. Yet the Athlete was hampered to provide timely sufficient evidence from a clinic accompanied by an official translation before he attended the hearing.

The Panel determines that the Athlete's medical treatment with (the banned substance) Betamethasone for his injury could not explain the presence of Boldenone in his system. Ultimately the Panel concludes that the Athlete failed to establish with corroborating evidence that the violation was not intentional and that there are no exceptional circumstances.

Therefore the Panel decides on 13 November 2023 to impose a 4 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 6 April 2023.

In August 2023 the United Kingdom Anti-Doping (UKAD) reported an anti-doping rule violation against the rugby player Tobias Richardson after his sample tested positive for the prohibited substance Cocaine.

Following notification the Athlete admitted the violation, waived his right for a hearing, accepted a provisional suspension and the sanction proposed by UKAD.

The Athlete acknowledged that on a Friday with friends he recreationally had used Cocaine out-of-competition and thereupon on Sunday had a match and sample collection. Besides consuming pints of beer on Friday night he had used a total of one gram of Cocaine.

UKAD accepts that the Athlete had used Cocaine out-of-competition in a context unrelated to sport performance that permits the imposition of a reduced sanction.

Therefore UKAD decides on 13 November 2023 to impose a 3 month period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 17 August 2023.

2022/ADD/52 Federation International de Ski (FIS) v. Ms Valentyna Kaminska

Ms Valentyna Kamiska is a Ukrainian cross-country skier, competing in the Women’s ski events at the Beijing Winter Olympics in February 2022.

In February 2022 the International Testing Agency, on behalf of the International Olympic Committee (IOC), reported an anti-doping rule violation against the Athlete after her A and B samples tested positive for the prohibited substances 1,4-dimethylpentylamine, Heptaminol and Mesterolone. Following notification a provisional suspension was ordered.

In October 2022 the case was referred to the CAS Anti-Doping Division (CAS ADD) for a Sole Arbitrator first instance procedure. A Partial Award was rendered based on the written submissions of the Parties.

Consequently the CAS Sole Arbitrator decided on 6 March 2023 that the Athlete had committed an anti-doping rule violation. Also the Athlete's results obtained at the Beijing 2022 Winter Olympics were disqualified.

Hereafter the proceedings against the Athlete were continued by the Internationation Ski Federation (FIS) regarding the further consequences of the anti-doping rule violation to be imposed on the Athlete.

The Athlete admitted the violation, waived her right for a hearing and accepted the sanction proposed by FIS. She denied the intentional use of the substances, requested for a reduced sanction and argued that she had been tested before without issues.

The Athlete was unable to demonstrate the source of the  substances. She assumed that contaminated supplements might be the source of the positve test.

Because of the war in Ukrain the Athlete was only able to ship 5 of her 14 supplements she had used in June 2022 to the Lausanne Laboratory for analysis. However the Laboratory established that these supplements tested negative for all three prohibited subsances.

FIS contended that the Athlete had committed an anti-doping rule violation and failed to establish that the violation was not intentional, nor the source of the prohibited substances. Accordingly FIS requested the Panel to impose a sanction of 4 years on the Athlete.

The Sole Arbitrator confirms that the presence of the prohibited substances had been established in the Athlete's samples and accordingly that she had committed an anti-doping rule violation.

The Arbitrator determines that the Athlete had admitted the violation, yet failed to demonstrate that the violation was not intentional. He considers that the war in Ukrain makes it difficult for the Athlete, if not impossible, to identify the source of the prohibited substance. 

The Arbitrator deems that the fact that three different substances were found in the Athlete's samples does lessen the propability of contamination. Furthermore the Arbitrator is not satisfied that the Athlete took all possible steps to determine the origin of the contamination.

Therefore the Court of Arbitration for Sport decides on 7 November 2023 that:

1.) The Application filed by the Fédération Internationale de Ski & Snowboard on 3 April 2023 is upheld.

2.) Ms. Valentyna Kaminska is found to have committed an anti-doping rule violation pursuant to Article 2.1 and/or Article 2.2 of the FIS ADR.

3.) Ms. Valentyna Kaminska is is sanctioned with a period of ineligibility of four (4) years starting on the date on which the CAS award enters into force. The period of ineligibility served during the period of provisional suspension imposed on Ms Valentyna Kaminska from 21 February 2022 through the date of the present Award shall be credited against the total period of ineligibility.

4.) (…).

5.) (…).

6.) All other motions or prayers for relief are dismissed.

2022/ADD/49 International Weightlifting Federation (IWF) v. Yunder Beytula

In June 2021 and August 2021 the International Testing Agency, on behalf of the International Weightlifting Federation (IWF), reported multiple anti-doping rule violations against the Bulgarian weightlifter Yunder Beytula. The IWF charged the Athlete with the following violations:

• tampering with the doping control process by purposely providing false Whereabouts information to the IWF in order to obtain advance notice of forthcoming anti-doping controls;
• refusal to submit to sample collection; and
• after being notified and provisionally suspended, testing positive for human growth hormone (hGH).

In June 2022 the case was referred to the CAS Anti-Doping Division (CAS ADD) for a Sole Arbitrator first instance procedure.

Previously in January 2014 the Athlete had been sanctioned for 2 years after he tested positive for the banned substances Stanozolol and Dehydrochlormethyltestosterone.

Doping Control Officers (DCO) established in October 2019 and in November 2019 that the Athlete was not present at the house of his parents, because he had moved to the city of Dobrich. The Athlete had not updated his Whereabouts address in ADAMS, yet when called he timely arrived and provided a sample.

In December 2020 the DCO went directly to the Athlete's address in Dobrich where the he provided a sample. On all three occasions he was instructed to update his Whereabouts location in ADAMS.

In December 2020 two DCOs went directly to the Athlete's address in Dobrich despite he had failed to update his Whereabouts location in ADAMS. This time the Athlete responded angry and agitated and told the DCOs to come back one hour later of in the evening.

When the DCOs returned to the Athlete's address one hour later the he failed to respond to the doorbell, nor responded to the telephone calls. The DCOs reported that they clearly heard the presence of the Athlete inside the apartment.

Consequently in June 2021 a provisional suspension was ordered because the Athlete had tampered with the Doping Control. Thereupon in July 2021 the Athlete's A and B samples tested positive for the prohibited substance human Growth Hormone (hGH).

The Athlete denied that he purposely had provided wrong  Whereabouts information to the IWF. Futher he explained his conduct at his apartment in December 2020 and alleged that the DCOs never had returned, neither had called him.

The ITF contended that not only had the Athlete committed a second anti-doping rule violation, he also committed a third anti-doping rule violation after he had been notified and provisionally suspended. The ITF argued that he acted intentionally and by contrast failed to demonstrate that these violations were not intentional.

The Sole Arbitrator assessed and addressed the evidence in this case and concludes that:

• The Athlete had Tampered with the Doping Control Process and accordingly committed an anti-doping rule violation.
• In December 2020 he Refused or, at the very least, Failed to submit to Sample Collection and accordingly committed an anti-doping rule violation.
• The Presence of a prohibited substance had been established in his samples and accordingly he committed an anti-doping rule violation.
• The erroneous Whereabouts information on the ADAMS system was done knowingly by him.
• The Athlete acknowledged having opened the door to the DCOs, recognizing who they were and did not challenge having been notified of the doping control.
• He has not compelling justification for his failure to allow the DCOs to enter his apartment, nor for not opening the door one hour later, nor for not answering their phone calls.
• His second anti-doping rule violations shall be considered together as one single violation.
• After being notified and provisionally suspended he committed a third anti-doping rule violation for the presence of a prohibited substance.
• He failed to demonstrate that these violations were not committed intentionally.

Therefore the Court of Arbitration for Sport decides on 7 November 2023 that:

1.) The request for arbitration filed by the International Weightlifting Federation on 17 June 2022 against Mr Yunder Beytula is upheld.

2.) Mr Yunder Beytula is found to have committed one or multiple anti-doping rule violations for Tampering or Attempted Tampering with the doping control process pursuant to Article 2.5 of the 2019 IWF Anti-Doping Rules.

3.) Mr Yunder Beytula is found to have committed an anti-doping rule violation for Refusal or Failure to Submit to sample collection pursuant to Article 2.3 of the 2019 IWF Anti-Doping Rules.

4.) Mr Yunder Beytula is found to have committed an anti-doping rule violation for Presence of a Prohibited Substance in his systems pursuant to Article 2.1 of the 2021 IWF Anti-Doping Rules.

5.) Mr Yunder Beytula is sanctioned with a period of ineligibility of eight (8) years for the anti-doping rule violations committee in 2019 pursuant to Articles 2.3 and 2.5 of the 2019 IWF Anti-Doping Rules, with effect from the date of this Award, with credit provided for the period of ineligibility served between 10 June 2021 and the date of this award.

6.) Mr Yunder Beytula is sanctioned with a lifetime period of ineligibility for the anti-doping rule violation committee in 2021 pursuant to Article 2.1 of the 2021 IWF Anti-Doping Rules.

7.) The periods of ineligibility shall be served consecutively.

8.) All competitive results obtained by Mr Yunder Beytula from and including 7 October 2019 and the date of 10 June 2021 are disqualified with all resulting consequences, including forfeiture of any medals, points and prizes.

9.) (…).

10.) (…).

11.) All other motions or prayers for relief are dismissed.

Annual Report 2022 / Kazakhstan National Anti-Doping Centre (KazNADC). - Almaty : KazNADC, 2023

In April 2023 the United Kingdom Anti-Doping (UKAD) reported an anti-doping rule violation against the rugby player Taiye Ryan Olowofela after his sample tested positive for the prohibited substance Cocaine.

Following notification a provisional suspension was ordered by the Rugby Football Union (RFU). The Athlete admitted the violation, waived his right for a hearing and stated that the use of Cocaine occurred out-of-competition on a Thursday.

Considering the findings of the test result and the Athlete's statements UKAD concluded that the ingestion of Cocaine occurred during the in-competition period. Hereafter the Athlete demonstrated that he had the date wrong and that the use of Cocaine indeed had occurred out-of-competition.

He explained that the match and sample collection had not occurred on a Saturday since the rugby match was this time played unusually on a Sunday. He showed with corroborating evidence that he was at home on the Saturday, feeling unwell from the excesses of the Friday night before.

In view of the new evidence the RFU accepts that the Athlete had used Cocaine out-of-competition in a context unrelated to sport performance. Because he had admitted the violation a reduced sanction shall be imposed on the Athlete.

Therefore the RFU decides on 6 November 2023 to impose a 3 month period of ineligibility on the rugby player, starting on the date of the provisional suspension, i.e. on 28 April 2023. Because the Athlete already had served this period of ineligibility during the provisional suspension he is eligible to participate in sport forthwith.