Facts
The International Baseball Federation (IBAF) against Sidney Ponson (Player) for violation of the IBAF Anti-Doping Rules. The prohibited substance, phentermine, was present in the urine sample provided by the Player immediately following the match against the Dominican Republic on, 7 March 2009. He didn't request a B-sample analysis
History
The Player, a pitcher, participated in the 2009 Classic for his national team, the Netherlands. He used the prohibited substance, on prescription from his doctor, to lose weight and admits the doping offence.
Considerations panel
The Player took the phentermine on the advice of a licensed medical physician, not to enhance his performance but to help him lose weight, after seeking and obtaining the physician's assurance that phentermine was not baned by Major League Baseball.
Decision
The Tribunal unanimously rules as follows:
1. The Player has committed an anti-doping rule violation under Article 2.1 of the IBAF Anti-Doping Rules in that phentermine, a Prohibited Substance, was present in the sample collected from him afer the 2009 World Baseball Classic match between the Netherlands and the Dominican Republic on 7 March 2009.
2. As a consequence:
a. The Player's individual results from the 2009 World Baseball Classic matches in which he played are Disqualified in
accordance with Articles 9.1 and 10.1 of the IBAP Anti-Doping Rules, with any medals, points or prizes that he eared from his participation in those matches to be forfeited.
b. In accordance with Article 10.2 of the IBAP 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 94 See paragraph 3.3, above. IBAF v. Ponson, lBAF Anti-Doping Tribunal, lBAF 09-001: Final Award, dated 8 June 2009 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 paricipate in
Major League Baseball, then Article 10.10.2 of the IBAP 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 MLB match.
c. In accordance with Article 10.9.2 of the IBAP Anti-Doping Rules, the two-year period of Ineligibility shall be deemed to
have commenced on 7 March 2009 and therefore shall end at midnight on 6 March 2011.
Costs
Each of the parties shall bear its own costs of these proceedings.
Appeal
The following persons may appeal against this Pinal A ward to the Cour of Arbitration for Sport in Lausane, Switzerland: the Player, the IBAP, WADA, and any other Anti-Doping Organization under whose rules a sanction could have been imposed. The IBAP 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.
Publication
The IBAP reports this decision publicly within 20 days of the date of this decision. To ensure that baseball players are properly informed about the natue and extent of their responsibilities under the IBAP Anti-Doping Rules, the entirety of this decision should be published on the IBAP's official website.
