2022/ADD/52 International Olympic Committee (IOC) & Federation International de Ski (FIS) v. Ms Valentyna Kaminska - Partial Award

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.

Ultimately 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.

The Athlete admitted the violation, denied the intentional use and could not explain how the substances had entered her system. She assumed that contaminated supplements might be the source of the positve test.

In June 2022 the Athlete shipped five supplements to the Lausanne Laboratory for analysis. However the Laboratory established that these supplements tested negative for all three prohibited subsances.

In view of the evidence the Sole Arbitrator finds that the presence of the prohibited substances have been established in the Athlete's samples and accordingly that she committed an anti-doping rule violation. Consequently the Athlete's results obtained at the Beijing Winter Olympics shall be disqualified.

Therefore the Court of Arbitration for Sport decides on 6 March 2023 that:

1.) The request for arbitration filed by the International Testing Agency on behalf of the International Olympic Committee on 19 October 2022 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 IOC Anti-Doping Rules applicable to the Games of the XXIV Olympic Winter Games Beijing 2022.

3.) The results obtained by Ms. Valentyna Kaminska in the Women’s Sprint Free, the Women’s 10km Classic shall be disqualified, with the resulting forfeiture of any and all medals, diplomas, points or prizes.

4.) The results obtained by the team of the Olympic Athletes from Ukraine in Women’s 4 x 5km Relay of 12 February 2022 event at the Olympic Winter Games Beijing 2022 are disqualified with the resulting forfeiture of any and all medals, diplomas, points or prizes.

5.) With the issuance of this Partial Arbitral Award, the IOC’s participation in this proceeding is hereby terminated.

6.) (…).

7.) (…).

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

In July 2021 and in August 2021 the International Testing Agency (ITA), on behalf of World Triathlon, reported anti-doping rule violations against the Ukrainian Athlete Yulia Yelistratova. The ITA established that her samples, provided in June 2021 in Ukrain and in July 2021 in Japan, tested positive for the prohibited substance Recombinant Erythropoietin (RhEPO).

Following notification a provisional suspension was ordered. The Athlete filed a statement in her defence and did not accept the sanction proposed by the ITA.

Thereupon the case was referred to the CAS Anti-Doping Division (CAS ADD) for a Sole Arbitrator first instance procedure. The Athlete requested for a reduced sanction, whereas the ITA requested for the imposition of a 6 year period of ineligibility.

At first the Athlete denied the intentional use of the substance and assumed that the Covid-19 vaccination could have effected her heamatological profile. After the second notification in August 2021 she admitted the violations and accepted the test results.

The Athlete alleged that she most likely had been a victim of sabotage by a Russian person claiming to be a doctor. She acknowledged that she had injected herself with supplements 35 times during 7 weeks.

The ITA contended that the Athlete failed to demonstrate that these violations were not intentional, nor did she prove with evidence that she was the victim of fraud or sabotage. The ITA deemed that she acted highly recklessly and negligently with grounds for aggravating circumstances.

After assessment of the evidence the Sole Arbitrator determines that:

• The Athlete wanted to improve her sporting performance in relation to the Tokyo Olympics;
• The violation happened 35 times in terms of multiple use and the circumstances of the case;
• Her samples tested positive for a prohibited substance and accordingly she committed multiple anti-doping rule violation;
• There is no corroborating evidence that proves that she is the victim of fraud or sabotage;
• She failed to demonstrate that these violations were not intentional;
• There are aggravating circumstances present in this case that justifies the imposition of a more severe sanction;
• There are no grounds that she provided substantial assisstance in this case.

Therefore the Court of Arbitration for Sport decides on 4 July 2023 that:

1.) The Request for arbitration filed by the International Testing Authority (ITA) on behalf of the World Triathlon on 14 September 2022 against Ms. Yulia Yelistratova is partially upheld.

2.) Ms. Yulia Yelistratova committed an Anti-Doping Rule Violation in accordance with the Article 2.1 of the TRI Anti-Doping Rules.

3.) In accordance with the Articles 10.9.3., 10.2. and 10.4. of the TRI Anti-Doping Rules, Ms. Yulia Yelistratova is sanctioned with a period of ineligibility of five (5) years starting from the date of this Award.

4.) Ms. Yulia Yelistratova shall receive credit for period of Provisional Suspension served from 25 July 2021 against the period of ineligibility imposed by this Award.

5.) Ms. Yulia Yelistratova’s results from the 2021 Europe Triathlon Cup Dnipro are disqualified, along with all other consequences, including forfeiture of any medals, points and prizes.

6.) (…).

7.) (…).

8.) 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 en 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.

In March 2023 the International Tennis Federation (ITF) reported an anti-doping rule violation against the Russian tennis player Vladislav Ivanov for his evasion, refusal or failure to submit to sample collection. The Athlete filed a statement in his defence and he was heard for the ITF Disciplinary Tribunal.

Anti-Doping Personnel reported that on 14 September 2022, the Athlete did not attend immediately the Doping Control Station at the tournament in Morocco. Instead following notification he shouted at the Chaperone, threw the paperwork on the grount and went to his hotel.

After the Athlete had received a new nofication he first watched a match of friends and had discussions. Only two and a half hours after he had received notification from the Chaperone he attended the Doping Control Center and provided a sample.

The Athlete denied the charges and disputed the testimonies of the Chaperone, the Doping Control Officer and the Tournament Official. He believed that he had permission to go to his hotel room.

He asserted that at the tournament he indeed had provided a sample. He acknowledged that he had received anti-doping education and had been tested.

Because the Athlete previously had received anti-doping education and had been tested two weeks before the incident the Tribunal Panel considers that he should have understand his obligations as an Athlete.

The Panel establishes that the Athlete provided different and confusing explanations to justify his conduct. Further the Panel determines that he knew or should have known that he was not allowed to delay the provision of the Sample and nothing should have made him legitimately think that he was authorised not to give it at that moment.

The Panel deems that the Athlete understood the situation and took a conscious decision not to comply with the request. The Panell believes that the he simply decided not to provide the sample at that moment and went directly to the hotel without permission to do so.

The Panel concludes that the Athlete had committed an anti-doping rule violation by refusing to provide a sample when asked to do so. He also failed to demonstrate that this violation was justified because of exceptional circumstances.

Therefore the Independent Tribunal decides on 21 December 2023 to impose a 4 year period of ineligibility on the Athlete, starting on the date of the decision.

In September 2022 the International Equestrian Federation (FEI) reported an anti-doping rule violation against the Polish rider Katarzyna Milczarek after her sample tested positive for Testosterone and its metabolites.

Following notification a provisional suspension was ordered. The Athlete filed a statement in her defence and the FEI tribunal rendered a decision based on the written submissions of the Parties.

The Athlete gave a prompt admission, denied the intentional use of the substance and requested for a reduced sanction. She explained with evidence that the source of the postive test was her medication she had used as treatment for her diagnosed condition.

The Athlete asserted that she had mentioned her medication on the Doping Control Form and that prior she had not received anti-doping education. She was unaware that this medication contained a prohibited substance, neither that she needed a valid TUE.

The Athlete made an application for a retrospective TUE for Prasterone. However this application was denied in February 2023 due to the medication was deemed not appropriate as treatment for her condition.

FEI accepted that the Athlete's violation was not intentional and that she had demonstrated with evidence how the prohibited substance had entered her system. Following assessment of the Athlete's conduct and the filed evidence FEI determines that she acted with No Significant Fault or Negligence.

The Panel agrees that the Athlete's violation was not intentional. Further the Panel concludes that she acted with No Significant Fault or Negligence and that there are grounds for a reduced sanction.

Therefore the FEI Tribunal decides on 11 March 2024 to impose only a 16 month period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 27 September 2022.

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

Following notification a provisional suspension was ordered. The Athlete filed a statement in his defence and he was heard for the National Anti-Doping Panel.

The Athlete admitted the violation, denied the intentional use of the substance and requested for a reduced sanction. He explained that at the relevant time he had mental health issues and was coping with the difficulties and challenges through the COVID-19 pandemic.

Before the Athlete was diagnosed with ADHD in July 2022 he was unaware that he suffered from any medical or mental healt condition. However until Elvanse (Methylphenidate) had been prescribed in January 2023 he had experienced severe side effects from the previous prescribed medications that effected his mental state.

The Athlete acknowledged that when he returned to rugby in December 2022 he did not check his medication, nor made a TUE application. Yet, when he was tested in February 2023 he mentioned Elvanse on the Doping Control Form.

After the positive test in April 2023 the Athlete's application for a retrospective TUE was rejected. Moreover, pending the issue of a required psychiatric report, for months he was unable to make an application for a prospective TUE.

UKAD accepts that the Athlete's violation was not intentional. However UKAD dismissed that he had acted with No Significant Fault or Negligence.

In view of the evidence the Panel agrees that the Athlete's violation was not intentional and that he had acted with a degree of negligence. Further the Panel determines that the Athlete has demonstrated that his ADHD led to cognitive impairment and that this was linked to the circumstances surrounding the commission of the violations.

Therefore the Panel decides on 2 Febuary 2024 to impose an 18 month period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 6 April 2023.

In February 2024 the Athletics Integrity Unit (AIU), on behalf on World Athletics, reported an anti-doping rule violation against the Kenyan Athlete Winnie Jemutai Boinett after her sample tested positive for the prohibited substance Testosterone and its metabolites.

Following notification the Athlete timely admitted the violation, waived her right for a hearing, accepted a provisional suspension and the sanction proposed by the AIU. The Athlete explained that she had received several medical treatments in hospitals for her injury without having corroborating documents.

The AIU deems that the Athlete failed to demonstrate that the violation was not intentional. Because she had signed and submitted the Admission of Anti-Doping Rule Violations and Acceptance of Consequences Form she received a 1 year reduction from the AIU.

Therefore the AIU decides on 11 March 2024 to impose a 3 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 29 February 2024.

In June 2023 the India National Anti-Doping Agency (INADA) reported an anti-doping rule violation against the wrestler Pooja Dhanda. INADA contended the Athlete had 3 Whereabouts Failures within a 12 month period:

• a Filing Failure for July-September 2022;
• a Filing Failure October-December 2022; and 
• a Filing Failure / Missed Test on 21 December 2022.

Following notification a provisional suspension was ordered. The Athlete filed a statement in her defence and she was heard for the Anti-Doping Disciplinary Panel of India (ADDPI).

The Athlete denied the charges and requested for a reduced sanction. She asserted that she timely had submitted her Whereabouts for Q4-2022. 

She acknowledged the Missed Test on 21 December 2022. Nevertheless she was available for sample collection and alternatively on the same day she provided a sample.

The Athlete claimed that there had been substantial delays in the notification of her Whereabouts Failures. Further she alleged that she was hampered by technical problems when she attempted to enter her Whereabouts in ADAMS.

The Panel finds that 3 Whereabouts Failures had been established and accordingly that the Athlete had committed an anti-doping rule violation. The Panel deems that she acted with a light degree of fault.

Therefore the ADDPI decided on 5 December 2023 to impose a 1 year period of ineligibility on the Athlete, starting on the dat of the Provisional suspension, i.e. on 15 June 2023.

In September 2023 the South African Institute for Drugfree Sport (SAIDS) reported an anti-doping rule violation against the rower Lebone Mokheseng. Following notification the Athlete was heard for the SAIDS Anti-Doping Tribunal. 

SAIDS contended that the Athlete had 3 Whereabouts Failures within a 12 month period:

• a Filing Failure / Missed Test on 8 June 2023;
• a Filing Failure / Missed Test on 14 June 2023; and
• a Filing Failure / Missed Test on 12 September 2023.

The Athlete denied the charges and he requested for a reduced sanction. He explained that he already had retired from rowing at the time of the first test.

He testified about his personal circumstances and the problems he had in the family whereas he was hampered by the lack of assistance from Rowing South Africa (RSA). After he officially had resigned he assumed that the RSA should have notified SAIDS about his resignation.

The Panel accepted the Athlete's explanations and finds that he acted not intentional since he offically had resigned from RSA. Further the Panel deems that there are grounds for a reduced sanction and that he can continue his current job as a rowing coach.

Therefore the Panel decides on 29 January 2024 to impose a 1 year period of ineligibility on the Athlete, starting on the date of the 3rd Whereabouts Failure, i.e. on 12 September 2023.

In September 2023 United Kingdom Anti-Doping (UKAD) reported an anti-doping rule violation against the rugby player Jack Little after his sample tested positive for the prohibited substance Higenamine. Following notification a provisional suspension was ordered.

The Athlete admitted the violation, denied the intentional use of the substance and disputed the sanction proposed by UKAD. Thereupon he accepted the sanction and waived his right for a hearing.

The Athlete explained that he had used a recommended supplement Shredabull Untamed 2.0, purchased from a sports nutrition store. He asserted that Higenamine was not mentioned on the bottle label as ingredient, yet instead mentioned as nandina domestic extract.

in view of the evidence UKAD accepted that the Athlete's violation was not intentional, yet deems that he acted with some degree of negligence. Further UKAD considers that prior he had not received any anti-doping education.

Therefore UKAD decides on 8 March 2024 to impose a 2 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 29 September 2023.