Facts
The Internacional Baseball Federation (IBAF) charges Geovany Soto (the player) for a violation of the Anti-Doping Rules. His provided sample for doping control on March 17 2009 tested positive on cannabis metabolites. Cannabinoids are included on the 2009 Prohibited List in category S8, as substances In-Competition.
History
The Player is a 30 year-old professional baseball player from Puerto Rico who has played professional baseball for over ten years. He admits his doping offence.
Considerations panel
By admitting the panel concentrates on the period of ineligibility.
Decision
1. The Player has committed an anti-doping rule violation under Article 2.1 of the IBAF Anti-Doping Rules in that cannabis metabolites, a Prohibited Substance, was present in the sample collected from him after the 2009 Classic match between Puerto Rico and the United States on March 17, 2009.
2a. The Player’s individual results from the matches he played in the 2009 Classic are Disqualified in accordance with Articles 9.1 and 10.1 of the IBAF Anti-Doping Rules, with any medals, points or prizes that he earned from his participation in those matches to be forfeited.
2b. In accordance with Article 10.2 of the IBAF Anti-Doping Rules, the Player is ruled Ineligible for a period of two years. In accordance with Article 10.10 of the IBAF Anti-Doping Rules, during that period of Ineligibility the Player may not “participate in any capacity in any Event or activity (other than authorized anti-doping education or rehabilitation programs) authorized or organized by IBAF or any National Federation or a club or other member organization of IBAF or any National Federation, or in Competitions authorized or organized by any professional league or any international or national level Event organization.” This includes Major League Baseball. If the Player does continue to participate in Major League Baseball, then Article 10.10.2 of the IBAF Anti-Doping Rules will apply to push back the commencement date of the period of Ineligibility imposed in this Award to the date of his last Major League Baseball match.
2c. In accordance with Article 10.9.2 of the IBAF Anti-Doping Rules, the two-year period of Ineligibility shall be deemed to have commenced on June 10, 2009 and therefore shall end at midnight on June 10, 2011.
2d. In accordance with Article 14.4 of the IBAF Anti-Doping Rules, the IBAF is to report this decision publicly within 20 days of the date of this decision. To ensure that baseball players are properly informed about the nature and extent of their responsibilities under the IBAF Anti-Doping Rules, the entirety of this decision should be published on the IBAF’s official website.
Costs
There is no provision in the IBAF Anti-Doping Rules conferring on this Tribunal the power to award a party its costs of proceedings taken under these rules. Therefore, as set out at paragraph 15 of the Standing Directions for cases referred to the IBAF Anti-Doping Panel in connection with the World Baseball Classic 2009, each of the parties shall bear its own costs of these proceedings.
Appeal
In accordance with Article 8.2.8 and Article 13.2 of the IBAF Anti-Doping Rules, each of the following persons may appeal against this final award to the Court of Arbitration for Sport in Lausanne, Switzerland: the Player, the IBAF, WADA and any other Anti-Doping Organization under whose rules a sanction could have been imposed. The IBAF is directed to disseminate a copy of this Final Award to each such person without delay. Article 13.6 provides that any such appeal must be filed with the CAS within 21 days from the date of receipt of the decision.
In accordance with Article 14.4 of the IBAF Anti-Doping Rules, the IBAF is to report this decision publicly within 20 days of the date of this decision. To ensure that baseball players are properly informed about the nature and extent of their responsibilities under the IBAF Anti-Doping Rules, the entirety of this decision should be published on the IBAF’s official website.
