Facts
The International Baseball Federation (IBAF) charges Roger
Luque (Player) for violation of the 2009 IBAF Anti-Doping Rules (ADR). The Player was required to give an urine sample on 19 September 2009 as part of an in-competition test. His sample tested positive for Stanozolol and 4-OH-Stanozolol (a metabolite of Stanozolol).
History
Due to a car accident the player had treatment in a hospital. He claims the medication administered contained the prohibited substance medical purposes only and under the health personnel’s supervision. He didn't use the prohibited substance to improve athletic performance. In response to IBAF's request he delivers a more detailed medical record.
Considerations panel
The athlete stays responsible for substances in his body. However considering the urgency of his hospitalization a retrospective TUE (Therapeutic Use Exemption) could lift the standard period of ineligibility of 2 years.
Decision
The Tribunal rules as follows:
7.1.1 The Player has committed an anti-doping rule violation under IBAF ADR Article 2.1, in that a Prohibited Substance (Stanozolol) was found to be present in the urine sample collected from him on 19 September 2009.
7.1.2 As a consequence:
a. The individual results obtained by the Player in the 2009 BWC are disqualified in accordance with IBAF ADR Article 10.1, with any individual medals, points and prizes that he earned from his participation in those matches to be forfeited.
b. In accordance with IBAF ADR Articles 10.2 and 10.5.2, the Player is ruled Ineligible for a period of sixteen months. In accordance with IBAF ADR Article 10.9, the period of Ineligibility will be deemed to have commenced as of 19 September 2009 and therefore will end at midnight on 18 January 2011.
c. Further to IBAF ADR Article 10.10, 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 IBAF v. Luque, IBAF Anti-Doping Tribunal, IBAF 10-001: Final Award, 13 December 2010 18 league or any international or national level Event
organization.”
7.3 In accordance with IBAF ADR Article 14.4, 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 ADR, the IBAF is directed to publish this decision in its entirety on the IBAF’s official website.
Appeal
In accordance with IBAF ADR Articles 8.2.8 and 13.2, 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. IBAF ADR 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.
