Facts
The Canadian Centre for Ethics in Sport (CCES) alleges Valentyna Zolotarova (the athlete) for a violation of the Canadian Anti-Doping Program (CADP). On July 5, 2008, the CCES conducted out-of-competition doping control in St. John, New Brunswick. A sample collection took place which included the athlete. Her sample tested positive on Hydrochlorothiazide.
History
The athlete does not dispute that an anti-doping rule violation occurred in the circumstances of this case. However, Ms. Zolotarova claims there are “exceptional circumstances” that justify a reduction in the two-year period of suspension. The athlete submits that taking into account the totality of the evidence, the appropriate suspension should be reduced, commencing with the date when the anti-doping rule violation was detected. The resulting anti-doping rule violation was probably caused by the athlete taking a diuretic, prescribed by a doctor in connection with excessive swelling in her sprained ankle, which did contain Hydrochlorothiazide. Also she took medication without making any independent inquiry or even questioning her doctor.
Decision
The evidence establish that the athlete's conduct cannot be characterized as insignificant fault or negligence. Accordingly it is no proper basis to reduce the mandated two-year period of ineligibility. The ineligibility shall commence as of the date of this Decision.
