Facts
Filippo Volandri was reported for a Ani-Doping Rules Violation (ADRV). His urine sample, taken on March 13, 2008, at the Indian Wells tournament in California, United States, tested positive on the prohibited substance salbutamol. The player doesn't dispute this fact. An oral hearing was held on 15-01-2009.
History
The player had a therapeutic use exemption (“TUE”) in respect of salbutamol when he gave his sample. The abnormal result was the consequence of the therapeutic use of inhaled salbutamol for his asthma.
Considerations tribunal
Salbutamol was not a specified substance under the 2008 Program, but is under the 2009 Program. The parties agree that Salbutamol in this case will be regarded as a specified substance. An application therefore will be regarded as a lex mitior by the Anti-Doping Tribunal hearing the case. Several times a TUE was granted. Unfortunately applying lately the player forgot to mention the explanation that the treatment was ongoing. On 27 December 2004 the player, applied for an Abbreviated Therapeutic Use Exemption (“ATUE”) in respect of use of salbutamol. However, the player’s use of salbutamol on March 12-13, 2008, can't properly be characterised as therapeutic.
decision
The Tribunal:
1. confirms the commission of the doping offence specified in the notice of charge set out in the ITF’s letter to the player dated 13 November 2008; namely that a prohibited substance, salbutamol, has been found to be present in the urine sample that the player provided at Indian Wells on 13 March 2008;
2. finds that the player has failed to establish on the balance of probabilities that the abnormal test result was the consequence of the player’s therapeutic use of inhaled salbutamol;
3. orders that the player’s individual result must be disqualified in respect of the Indian Wells tournament, and in consequence rules that the prize money and ranking points obtained by the player through his participation in that event must be forfeited;
4. orders, further, that the player’s individual results (including ranking points and prize money) in competitions including and subsequent to the Manerbio competition on 18 August 2008 shall be disqualified and all prize money and ranking points in respect of those competitions shall be forfeited;
5. orders, however, that the player’s results (including ranking points and prize money) in all competitions subsequent to the Indian Wells tournament up to and including the Cordenons competition on July 28, 2008 shall remain undisturbed;
6. finds that the player has succeeded in establishing to the comfortable satisfaction of the Tribunal that his use of the prohibited substance leading to the positive test result in respect of the sample taken on March 13, 2008, was not intended to enhance his sport performance;
7. declares that the player shall be ineligible for a period of three months (i.e. calendar months) starting on January 15, 2009 and expiring at midnight London time on April 14, 2009 from participating in any capacity in any event or activity (other than authorized anti-doping education or rehabilitation program) 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.
