Facts
The Canadian Centre for Ethics in Sport (CCES) charges Benjamin Martel (the athlete) for a violation of the Canadian Anti-Doping Program (CADP). On August 28, 2011, during the Quebec Road Championships held in St. Agathe, Québec, during a doping control, the Athlete provided a urine sample which resulted in an adverse analytical finding.
The analysis indicated the presence of testosterone, a prohibited substance according to the 2011 Prohibited List of the World Anti-Doping Agency (WADA). On January 10, 2012, an arbitration hearing was held in the presence of the parties in Montreal.
History
The athlete suffered from open wounds. In order to procure him with some relief, his lesions had to be punctured. He tried all kinds of creams and household remedies but nothing worked. The probable cause of contamination was a cream but he had not enough money to pay for the analysis.
Desicion
1. The athlete did not establish exceptional circumstances and did not satisfy the criteria in order to get a reduction or elimination of the two-year ineligibility period.
2. On November 9, 2011, Mr. Martel signed an admission in compliance with Rule 7.13 of the CADP in which he declares having committed the violation assessed against him by the CCES.
When an Athlete unequivocally admits the anti-doping rule violation in writing the period of Ineligibility may start as early as the date of Sample collection. The sample of Mr. Martel was collected on August 28, 2011. On January 12, 2012, this Doping Tribunal rendered the following decision:
It is ordered that the recommended sanction by the CCES of two-year (2) ineligibility period be upheld. The suspension will be in effect from August 28, 2011 to August 28, 2013.
