Facts
The Fédération Equestre Internationale (FEI) charges Mark Armstrong (athlete) for a violation of the Anti-Doping Rules. On 18 November 2007, the Athlete was selected for in-competition testing. His sample tested positive on salbutamol at a concentration measured as 610 ng/ml. Salbutamol is listed as a prohibited substance on the WADA 2007 prohibited list.
History
The athlete doesn't request an B-sample analysis nor an oral hearing. In a written statement he explains that the source of the contamination is his use of Asthma medication. The Athlete acknowledges that it was his responsibility to obtain a Therapeutic Use Exemption ("TUE") and expresses his deep regret and apology for this omission. He, however, expresses his disappointment that his National Federation ("NF") "did not direct [him] proactively to obtain a TUE as, through [his] involvement in their elite squad, [he is] quite certain they knew [he's] asthmatic and required Ventolin". the Athlete applied for a national TUE with UK Sport and for an international TUE with the FEI. His International TUE was granted on 21 January 2008 by the FEI TUE Committee ("TUEC") with an approval expiry date of 31 December 2009. The Athlete assures that he had no intention to enhance his performance and that his omission to obtain a TUE and his rule violation were unintentional.
Submissions tribunal
The athlete was negligent to ask for a TUE.
Decision
The Tribunal decides to disqualify the Athlete from the Event and that all medals, points and prize money won at the Event must be forfeited, in accordance with ADRHA Article 9.
The Athlete shall be warned and reprimanded.
Costs
The Athlete shall contribute CHF l/OOO.- towards the legal
costs of the judicial procedure.
