Facts
The Canadian Centre for Ethics in Sport (CCES) alleges Roland Green (the athlete) for a violation of the Canadian Anti-Doping Program. The athlete provided a urine sample pursuant to the Anti-Doping Regulations following the UCI sanctioned "UCI MTB World Cup" in Houffalize Belgium on 30 May 2004. His sample indicated the presence of prednisolone a metabolite of Budesonide.
History
The athlete in his submission states that he finished 21st in the race in Belgium despite feeling unwell and was selected for random testing. He admitted that on the race morning he took 2 to 3 puffs of Symbicort-200. He made no declaration to that effect on his anti-doping control form provided at the time of giving the urine sample. He states that he knew he was not cleared to use the inhaler but did so anyway. He states that he did this because he hoped that the testing would miss these medications and I would avoid a huge problem.
Decision
1. The Definition of doping in Article 4(2) has been established. A First Doping Offence has occurred under Article 130(1). The Doping Offence involved the use of a Prohibited Substance.
2. The athlete is disqualified from the UCI MTB World Cup event held on 30 May 2004 for having committed a Doping Offence during competition.
3. Under Article 130 as modified by the principle of lex mitior and upon a finding of the application of the principles of Article 124 a period of suspension for six months is to be served.
4. Under Article 150 and 134 and having regard to the principles of Article 124 the suspension commenced on 5 July 2004 and will end on 4 April 2005 having taken account of the period of inactivity set out in Article 152(b).
Fine
Under Article 128(2) the athlete, being a licence-holder in the mountain bike trade team, must pay an obligatory fine. In accordance with Article 128(4) the fine is set at
CHF 2000.
