TASS 5/S/2012 WADA vs Polish Ice Hockey Federation & Michal Radwański

In September 2011 the Polish Ice Hockey Federation has reported an anti-doping rule violation against the Athlete Michal Radwański after his sample tested positive for the prohibited substance methylhexaneamine.
At the hearing the Athlete stated that he had used a supplement for accelerated fat burning. He had no intention to enhance his sports performance but admits the intention to reduce his weight. He consulted the supplementation with his physician who stated she acquainted with the composition and description of the preparation and had found no negative effects on the Athlete’s health or substances known to the physician as prohibited by anti-doping regulation.
On 19 October 2011 the Games and Discipline Department of the Polish Ice Hockey Federation decided to impose a 1 month period of ineligibility on the Athlete starting on 18 October 2011.

In July 2012, due to the late delivery of the complete case file, WADA appealed the decision of the Polish Ice Hockey Federation with the Court of Arbitration for Sports at the Polish Olympic Committee (Trybunał Arbitrażowy do Spraw Sportu przy Polskim Komitecie Olimpijskim). WADA argued that the Athlete should be sanctioned with ineligibility for a period of 2 years and that there are no grounds for waiving or shortening the sanction.

The Tribunal concludes that the Athlete used the supplement to improve his competitive result due to the high content of the prohibited substance found in Athlete’s body on the day of the competition. The Tribunal finds that the experienced Athlete acted negligently because he used the supplement upon recommendation of a supplement store salesman and failed to research the ingredients of the supplement before using it. He consulted a physician but not a specialist in sports medicine.

The Tribunal rules to that WADA's appeal fully deserves being granted and amends the decision of the Games and Discipline Department of the Polish Ice Hockey Federation.
Therefore the Court of Arbitration for Sports at the Polish Olympic Committee decides to impose a 2 year period of ineligibility on the Athlete. This period of ineligibility is included until the date of giving this decision in the overall period of ineligibility. All competitive results obtained by the Athlete during competitions in the period specified in the conclusion hereof are invalidated.

Original document

Parameters

Legal Source
National Decisions
Date
21 March 2013
Arbitrator
Granecki, Pawel
Sendecki, Piotr
Zuchowicz, Maria
Original Source
Court of Arbitration for Sports at the Polish Olympic Committee
Country
Poland
Language
English
ADRV
Adverse Analytical Finding / presence
Legal Terms
Competence / Jurisdiction
Negligence
Substantial delay / lapsed time limit
WADA Prohibited List International Standard
Sport/IFs
Ice Hockey (IIHF) - International Ice Hockey Federation
Other organisations
Polski Związek Hokeja na Lodzie (PZHL) - Polish Ice Hockey Federation
World Anti-Doping Agency (WADA)
Doping classes
S6. Stimulants
Substances
4-Methylhexan-2-amine (methylhexaneamine, 1,3-dimethylamylamine, 1,3 DMAA)
Various
Contamination
Supplements
Document type
Pdf file
Date generated
8 January 2014
Date of last modification
9 January 2019
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