SDRCC 2006 CCES vs Rashad Najeeb

Facts
The Canadian Centre for Ethics in Sport (CCES) alleges Rashad Najeeb (the athlete) for a violation of the Canadian Anti-Doping program. On October 20, 2006, the athlete was selected for out-of-competition doping control. His sample indicated an adverse analytical finding for the presence of Testosterone precursor.

History
In a letter to the CCES dated November 29, 2006, Mr. Najeeb explained that he had been fasting and that some four days before providing his urine sample, he returned home after work and practice and was extremely tired and out of breath. He also explained that he ate quickly and then experienced difficulty breathing, as a result of which he used his sister’s asthma inhaler approximately three times. He stated that he notified the “testers” of his use of the inhaler and his use of Echinacea for a sore throat and sinus problems. Dr. Christiane Ayotte, the Director of the Laboratory, advised the CCES that in her opinion, fasting, the use of the inhaler or Echinacea based products could not have caused the adverse analytical finding.
The CCES then informed Mr. Najeeb that it did not accept his explanation and offered him a further opportunity to explain the presence of Testosterone in his sample. The athlete admitted using Testosterone booster pills and he evidently did so with the intention of enhancing his performance. While he expressed regret for his actions, given his intentional use of Testosterone.

Decision
There can be no question of eliminating or reducing the penalty based on exceptional circumstances. In the result, in accordance with the CADP, the penalty required to impose for a first anti-doping rule violation is a two year period of ineligibility from sport and permanent ineligibility for direct financial support from the Government of Canada.
The period of ineligibility shall run from the date of this decision.

Costs
Unless a written request is made to the SDRCC within one week of the date of the decision, there will be no order as to costs.

Original document

Parameters

Legal Source
National Decisions
Date
13 February 2007
Arbitrator
Devlin, Jane H.
Original Source
Sport Dispute Resolution Centre of Canada (SDRCC) - Centre de règlement des différends sportifs du Canada (CRDSC)
Country
Canada
Language
English
ADRV
Adverse Analytical Finding / presence
Legal Terms
Admission
Sport/IFs
Football (FIFA) - International Football Federation
Other organisations
Canadian Centre for Ethics in Sport (CCES)
Football Canada (FC)
Sport Dispute Resolution Centre of Canada (SDRCC)
World Anti-Doping Agency (WADA)
Doping classes
S1. Anabolic Agents
Substances
Testosterone
Various
Lying / false statement
Document type
Pdf file
Date generated
7 November 2013
Date of last modification
24 September 2020
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  • ADRV
  • Legal Terms
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  • Analytical aspects
  • Doping classes
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  • Various
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