ITF 2008 Laura Pous Tio vs ITF - Retrial

Laura Paus Tio (player) was reported for an Anti-Doping Rules Violation (ADRV). During the Wimbledon tournament in 2007 her urine samples tested positive for the prohibited substances hydrochlorothiazide and Amiloride. The decision was a two-year ban on the player, starting from October 11, 2007, which was the date she voluntarily withdrew from competition because of the doping charge against her. The tribunal also disqualified certain of the results obtained by the player prior to her withdrawal from competition.

The player filed an appeal against the decision to the court of arbitration in sport (CAS) on February 15, 2008, asking the CAS to reduce the ban impose because of "no fault or negligences" or "no significant fault or negligence". The player subsequently dropped the first part of the appeal.
The CAS rejected the appeal because her fault was to great for being regarded as "no significant fault or negligence" because she did not take responsibility for checking whether her prescribed medication contained substances that were prohibited under the program of 2007 regarding the code for the ADRV. She didn't tell or showed her doctor the anti-doing rules, only she asked if the substances would enhance her performance. However the 2009 World Anti-Doping Code would classify her diuretics as specified substances, meaning that the decision could be a reprimand up to a two-year period of ineligibility. By this the CAS recommended to apply for a reconsideration at the ITF for an earlier reinstatement.
The player filed an application for an earlier reinstatement.

Decision
1. The ITF hereby reduces the period of Ineligibility to be served by the Player from 24 months to 18 months. Accordingly, the Player’s ban will end on 10 May 2009, and she will be eligible to compete again from 11 May 2009 onwards, provided that the Player has by that date paid to the ITF all of the prize money forfeited under the Tribunal’s decision of 25 January 2008.
2. The ITF notes that this decision may be appealed to the CAS by the Player, the Player’s NADO or WADA, in accordance
with Article O of the 2009 Programme.

Original document

Parameters

Legal Source
Decisions International Federations
Date
23 August 2008
Arbitrator
Miller, Stuart
Original Source
International Tennis Federation (ITF)
Country
Spain
Language
English
ADRV
Adverse Analytical Finding / presence
Legal Terms
Application for early reinstatement
No intention to enhance performance
No Significant Fault or Negligence
Period of ineligibility
Revision
Specified substance
WADA Prohibited List International Standard
Sport/IFs
Tennis (ITF) - International Tennis Federation
Laboratories
Montreal, Canada: Laboratoire de controle du dopage INRS-Institut Armand-Frappier
Doping classes
S5. Diuretics and Other Masking Agents
Substances
Amiloride
Hydrochlorothiazide
Medical terms
Legitimate Medical Treatment
Document type
Pdf file
Date generated
12 August 2013
Date of last modification
18 November 2014
Category
  • Legal Source
  • Education
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  • Country
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  • ADRV
  • Legal Terms
  • Sport/IFs
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  • Laboratories
  • Analytical aspects
  • Doping classes
  • Substances
  • Medical terms
  • Various
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