Facts
The Canadian Centre for Ethics in Sport (CCES) alleges Chris Korol (the athlete) for a violation of the Canadian Anti-Doping Porgram. The substance was detected in a urine sample collected during in-competition doping control on October 21, 2012, at the Canadian bobsled championships in Calgary. The sample was found to contain SARM S-22, which the CCES classifies as a new drug with presumed anabolic properties.
History
There is a connection with an earlier case with Derek Plug, who was ordered to serve a period of ineligibility of two years. Derek Plug was a member of the same team as the athlete. They were using the same supplements while sharing accommodations. The athlete makes acquisitions that Derek Plug had deliberately switched vitamine D3 bottles with a tainted bottle, but these are speculative theories. But the arbitrator accepts that the probable source of contamination was tainted Vitamin D3 drops.
Decision
1. The Athlete has voluntarily, and promptly, admitted to an anti-doping rule violation in connection with the presence in his bodily Sample of SARM S-22, an anabolic agent, which is a Prohibited Substance according to the 2012 Prohibited List forming part of the World Anti-Doping Code.
2. The presumptive sanction for a first anti-doping rule violation for the Presence of a Prohibited Substance or its Metabolites or Markers in an Athlete's bodily Sample is a period of Ineligibility of two (2) years.
3. In this case, the Athlete has met the burden of establishing exceptional circumstances pursuant to CADP Rule 7.45 ("No Significant Fault or Negligence"), thereby warranting reduction of the otherwise applicable period of Ineligibility.
4. In the circumstances, a period of Ineligibility of 15 months shall apply, to run from 21 October 2012.
Costs
The Doping Tribunal may award costs to any party payable as it directs. If either party wishes to apply for costs, an application should be made within the time limit.
