Facts
The International Equestrian Federation (FEI) alleges Ali Nilforushan (the athlete) for a violation of the Anti-Doping Rules. Mr. Ali Nilforushan (the "Athlete") participated at the CSI2*- W, in Thermal CA, United States from 28 February to 3 March 2012 (the "Event"), in the discipline of Jumping. On 3 March 2012, the Athlete was selected for in-competition testing. His sample showed the presence of Phentermine, Hydrochlorothiazide and Carboxy-THC ("THC"), which are Prohibited Substances according to the 2012 Prohibited List of the World Anti-Doping Agency.
History
On 24 April 2012, the Athlete submitted a statement of the same
day by Dr. E. Michael Tachuk of Viva Wellness Medical Group, by which the latter confirmed having prescribed Phentermine 37,5 mg and Hydrochlorthiazide to the Athlete "as part of a comprehensive weight loss program." He had never received any Anti-Doping education, he had no idea that the three Substances detected were Prohibited Substances. During the Preliminary Hearing on 27 April 2012, the Athlete waived his right to have the B-Sample analysis performed.
Considerations panel
Multiple substances may generally be considered as an aggravating circumstance, however in this case there is no basis to increase sanctions due to the fact that the Athlete admitted the anti-doping rule violation promptly.
Decision
As a consequence of the foregoing, the Tribunal decides to impose the following sanctions on the Athlete:
1) The Athlete shall be suspended for a period of 12 months to be effective immediately and without further notice from the date of the notification. The Period of Ineligibility is deemed to have started on the date of Sample collection on 3 March 2012. Therefore, the Athlete shall be ineligible through 2 March 2013.
2) The Athlete is fined CHF 1000,-.
Costs
The Athlete shall contribute CHF 2000,- towards the legal costs of the judicial procedure.
No Athlete who has been declared Ineligible may, during the period of Ineligibility, participate in any capacity in a Competition or activity (other than authorized anti-doping education or rehabilitation programs) that is authorized or organized by the FEI or any National Federation or be present at an Event (other than as a spectator) that is authorized or organized by the FEI or any National Federation, or participate in any capacity in Competitions authorized or organized by any international or national-level Event organization (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.
According to Article 168.4 of the GRs, the present Decision is effective from the day of written notification to the persons and
bodies concerned.
Appeal
In accordance with Article 12 of the ADRHA, the Athlete and the FEI may appeal against this decision by lodging an appeal with the Court of Arbitration for Sport within 30 days of receipt hereof.
