CAS 2010/A/2216 Ryan Napoleon v. Fédération Internationale de Natation (FINA)
Related case:
FINA 2010 FINA vs Ryan Napoleon
August 20, 2010
The Féderation Internationale de Natation (FINA) has reported an anti-doping rule violation against the Swimmer after his A and B samples tested positive in November 2009 for the prohibited substance formoterol.
After notification the Swimmer filed a statement in his defence and he was heard for the FINA Doping Panel in August 2010.
The Swimmer stated he suffers from asthma from a young age and uses prescribed medication, for which he was granted a TUE since 2008. The Person’s father also suffers from asthma and they stored their asthma medication in the same place in their family home. Person argued that they may have, on occasion, inadvertently used each other’s inhaler, due to incorrect labelling by their pharmacist. His father uses another type of asthma medication, which contains the prohibited substance formoterol.
The FINA Doping Panel accepted Swimmer’s statement and finds the Person’s degree of care was less that should be expected from and elite athlete. Without intention to enhance performance and considering the circumstances the FINA Doping Panel decided to impose a 3 month period of ineligibility on the Swimmer starting on 20 August 2010. In addition, all results which were achieved by the Swimmer from 16 November 2009 until 6 April 2010 would be annulled.
The Swimmer appealed the FINA decision to CAS in September 2010 in order to request for a stay on the period of ineligibility and a stay of the annulment of the Swimmer’s results.
The CAS Panel concludes there was an unduly lengthy period of time, from collection to imposition of ban in relation to Swimmer’s situation. Therefore the CAS Panel decides that the Swimmer’s period of ineligibility is commencing on 14 June 2010 and the period of disqualification of results from 16 November 2009 until 29 January 2010.
