CAS 2012/A/2986 World Anti-Doping Agency (WADA) v. Riley Salmon & Fédération Internationale de Volleyball (FIVB)
Volleyball
Doping (methylhexaneamine (dimethylpentylamine))
CAS jurisdiction (notion of appealable decision)
Condition to benefit from a reduced sanction for the presence of a Specified Substance
Sanction for a second anti-doping rule violation
Absence of reduction of the sanction in case of retirement of an athlete
1. CAS has jurisdiction to hear an appeal against a doping-related decision where the rules of a federation clearly provide for the jurisdiction of the CAS against decisions rendered by a federation with regards to anti-doping issues. In this regard, a document called “Acceptance of Sanction”, although not signed by the federation but prepared according to the provisions of the federation’s medical regulations which can be considered to contain a unilateral ruling tending to affect the legal situation of an athlete therefore constitutes a “reasoned decision” appealable before the CAS.
2. Based on the applicable regulations, an athlete failing to give any explanation on how a prohibited substance came to be present in his body and to prove that his level of negligence was not significant will not be able to benefit from a reduced sanction.
3. Based on the applicable regulations, a second anti-doping rule violation committed by an athlete shall be sanctioned by a period of ineligibility between 4 to 6 years.
4. The purpose and intention of WADA is, inter alia , to make the fight against doping more effective by harmonising the legal framework and to provide uniform sanctions to be applied in all sports. These rules, for instance, do not distinguish between amateur or professional athletes, old or young athletes or individual sport or team sport. Considering the scope of the applicable rules, being active or retired should not allow an athlete to claim a different treatment and therefore justify a reduction of a sanction.
In 2009 the Fédération Internationale de Volleyball (FIVB), the International Federation of Volleyball, has reported an anti-doping rule violation against Ridley Salmon (the Player) after his sample tested positive for the prohibited substance hydrochlorothiazide. The Player was taking an approved medication by the FIVB for hypertension, however the drug’s replacement medication contained the banned substance hydrochlorothiazide. The FIVB decided to impose a 4 month period of ineligibility on the Player, starting on 27 May 2009.
In August 2012 the FIVB has reported again an anti-doping rule violation against the Player after his A and B samples tested positive for the prohibited substance methylhexaneamine (dimethylpentylamine).
On 27 September 2012 the Player signed a retirement form from the FIVB and accepted a 1 year period of ineligibility for his second anti-doping rule violation.
In November WADA appealed the FIVB sanction with CAS.
Without Player’s reply the CAS Panel has no explanation on how the prohibited substance came to be present in Player’s body, neither did he prove that his level of negligence was not significant.
The Court of Arbitration for Sport decides on 30 May 2013 that:
1.) The appeal filed by the World Anti-Doping Agency against the decision of the International Volleyball Federation dated 27 September 2012 is upheld.
2.) The decision rendered on 27 September 2012 by the FIVB is overturned.
3.) Riley Salmon is ineligible to compete for a period of 4 years starting from 27 September 2012. Any period of ineligibility already served by Mr Riley Salmon shall be credited against the total period of ineligibility imposed.
4.) The arbitration costs of the present procedure, to be determined and served by the CAS Court Office, shall be supported by the International Volleyball Federation.
5.) The International Volleyball Federation is ordered to pay CHF 2,000.- (two thousand Swiss Francs) to the World Anti-Doping Agency as a contribution towards the latter’s legal costs and all other expenses incurred in this arbitration.
6.) All other or further claims are dismissed.
