Facts
John Paul Fruttero (player) was reported for a violation of the Anti-Doping Rules. During the Comerica Challenger tournament in Aptos, California, on July 16, 2007, he provided an urine sample for a doping test. Both samples (A and B) tested positive for the prohibited substance modafinil and metabolites. The player admitted the doping offence but requested an oral hearing.
history
The player used Provigil for jet lag and problems resuming normal sleep patterns when traveling extensively. He didn't knew it was a stimulant and would be performance enhancing. The substance is not mentioned on the prohibited list for this reason he claims no significant fault or negligence. The player voluntarily suspended himself from competition after receiving notification about the confirmed B sample analysis.
Before the oral hearing was held the parties agreed a compromise and an oral hearing was cancelled.
decision
The tribunal rules:
1. It confirms the commission of the doping offence specified in the notice of charge set out in the ITF's letter to the player dated November 7, 2007.
2. It orders in accordance with the results obtained by the player (double and single competitions) at the tournament be disqualified, including forfeiture of the associated ranking points and prize money (without deduction for tax).
3. It accepts the player's plea of no significant fault or negligence. In consequence, it imposes a period of ineligibility of 14 months instead of the period of two years otherwise applicable.
4. The commencement of this period of ineligibility is to be back-dated to October 1, 2007. Accordingly, the player shall be ineligible until (and including) November 30 from participating in any event or activity (other than authorized by the ITF or any national or regional entity which is a member of or is recognized by the ITF as the entity governing the sport of tennis in that nation or region.
5. The player's result in tournaments after the tournament but prior to October 1, 2007, shall not be disqualified, but his results from October 1, 2007, onwards shall be disqualified, including forfeiture of the associated ranking points and prize money (without deduction for tax).
