Facts
International Equestrian Federation (FEI) charges Aleksandr Kovshov (the athlete) for a violation of the Anti-Doping Rules. The Athlete participated at the CDI-W in Zhashkiv, UKR (the "Event") from 24 to 26 February 2012, in the discipline of Dressage. On 25 February 2012, the Athlete was selected for in-competition testing. The analysis of the sample revealed the presence of ll-nor-delta-9-tetrahydrocannabinol-9-carboxylicacid (Carboxy-THC), which is a Prohibited Substance according to the WADA Prohibited List in force at the time of the Sample collection. Carboxy-THC is a metabolite of THC, which is listed in Class S8 "Cannabiniods" of Prohibited substances, It is prohibited in-competition and considered a "Specified Substance" under the WADA Prohibited List. The athlete waved is right for a B sample analyis.
History
The Athlete provided his response to the charges. The Athlete submitted that on the eve of the competition he had attended a billiard club with friends. That they had ordered a hookah
containing a fruit mixture, and that his friends had persuaded him to try it, He further submitted that he was not aware that the hookah contained any Prohibited Substances and was therefore relaxed when informed at the Event that he had been selected for doping control. That he was surprised at the subsequent positive test result. That he had no intention to enhance his sporting performance, that the case at hand was his first violation in his career, and that he regretted the incident.
Submission tribunal
The athlete didn't established how the Carboxy-THC had entered his body. In this context the FEI argued that the Athlete had been highly negligent to smoke the hookah as he could not possibly have known what he ingested by smoking the fruit mixture, and that apparently he did not question the content of the hookah, in order to assure that it did not contain any Prohibited Substances.
Decision
1. The Athlete shall be suspended for a period of two (2) years to be effective immediately and without further notification. Therefore the Athlete shall be ineligible through 26 November 2014,
2. The Athlete is fined CHF 1,000.-.
3. No Athlete who has been declared Ineligible may, during the Period of Ineligibility, participate in any capacity in a Competition or activity (other than authorised anti-doping education or rehabilitation programs) that is authorised or organised by the FEI or any National Federation or be present at an Event (other than as a spectator) that is authorised or organised by the FEI or any National Federation, or participate in any capacity in Competitions authorised or organised by any international or national-level Event organisation (Article 10.10.1 of the ADRHA). Under Article 10.10.2 of the ADRHA, specific consequences are foreseen for a violation of the Period of Ineligibility.
Costs
The Athlete shall contribute CHF 500,- towards the legal costs of the
legal procedure.
