Related case:
CAS 2013_A_3151 Jonathon Millar vs FEI
October 7, 2013
Facts
The International Equestrian Federation (FEI) alleges Jonathon Millar for a violation of the Anti-Doping Rules for Human Athletes (ADRHA). From 30 June to 3 July 2011, the Athlete participated at the CSI4*-W in Spruce Meadows AB in Calgary, Canada, in the discipline of Jumping. On 30 June 2011, the Athlete was selected for in-competition testing. The analysis of the urine sample revealed the presence of Prasterone (DHEA). DHEA is a Prohibited Substance according to the List, in force at the time of Sample collection (Analysis Result Record dated 3 August 2011 and Amended Certificate of Analysis dated 3 August 2011).
History
On 8 September 2008, the Athlete informed his National Anti-Doping Agency, the Canadian Centre of Ethics in Sport ("CCES") that his doctor had concluded that his DHEA level was very low and that he had suggested taking DHEA, at a dose of 25 mg per day. His standard Therapeutic Use Exemption (TUE) application to the CCES had been denied, outlining in detail the areas for which evidence to support the Athlete's application was lacking. A new TUE form needed to be submitted and that furthermore clear medical support was required for the TUE application to be considered. Because he tested positive the athlete requisted an extension of the deadline to respond to the charge for awaiting his second application for a TUE. Eventually DHEA was not the appropriate medication for his condition.
Decision
1. The athlete is disqualifying from the Competition and all medals, points and prize money won at the Competition must be forfeited, in accordance with Article 9 of the ADRHA. The Tribunal is further disqualifying all other results obtained by the Athlete, in accordance with Article 10.1 of the ADRHA.
2. As a consequence of the foregoing, the Tribunal is imposing the following sanctions on the Athlete, in accordance with Article 169 of the Gemeral Regulations (GR's) and Article 10 of the ADRHA:
a. The Athlete shall be suspended for a period of two (2) years to be effective immediately and without further notice from the date of the notification. The Period of Provisional Suspension, effective from 24 August 2011, i.e. the date of Provisional Suspension,
shall be credited against the Period of Ineligibility imposed in this decision. Therefore, the athlete shall be ineligible through 23 August 2013.
b. The Athlete is fined CHF 2,000.
Costs
The Athlete shall contribute CHF 4,000 towards the legal costs of the judicial procedure, as well as the costs of the B-Sample analysis.
