Facts
The Canadian Centre for Ethics in Sport (CCES) Alleges Giulio Zardo (the athlete) for a violation of the Canadian Anti-Doping Program (CADP). On April 21 and 22, 2005, the CCES attempted to conduct no-notice, Out-of-Competition doping control on the Athlete but despite several attempts on these two days, the Doping Control Officer (DCO) was unable to locate the Athlete for the purpose of sample collection. On April 22, 2005, the CCES re-scheduled the Athlete’s no-notice test to an advance notice test. The CCES asserts that the Athlete refused to submit to sample collection on April 23, 2005 after being informed of his selection for doping control and that he has not demonstrated “compelling justification” for his refusal.
History
The athlete was retiring from his sport. In the past he had several Therapeutic Use Exemption (TUEs) he thinks if ask for he would have gotten a TUE again.
Desicion
The required sanction for a first anti-doping rule violation for refusal to submit to doping control, in the circumstances to impose, is a two year period of ineligibility from sport as well as permanent ineligibility from direct Government of Canada funding.
The CADP states that the period of ineligibility shall start on the date of the hearing decision providing for Ineligibility. Any period of Provisional Suspension shall, however, if any, be credited against the total period of Ineligibility to be served.
The period of Ineligibility should start on the date of the hearing decision, namely August 31, 2005.
Costs
Under Rule 7.69 of the CADP, the Doping Tribunal may award costs to any party payable as it directs.
