CAS 2013/A/3075 World Anti-Doping Agency (WADA) v. Laszlo Szabolcs & Romanian Anti-Doping Agency (RADA)
Wrestling
Doping (methylhexaneamine)
Requirements for the application of a reduced period of ineligibility for the use of a Specified Substance
Assessment of the athlete’s degree of fault
Determination of the ineligibility period
1. In order to prove his entitlement to any reduced period of ineligibility for the use of a specified substance under the applicable national law which implements the provisions of the WADA Code (Article 10.4), an athlete must establish: 1) how the specified substance entered his body; and 2) that the specified substance was not intended to enhance his sport performance or to mask the use of another prohibited substance. If these requirements are satisfied, the athlete’s “degree of fault” will be considered to determine whether the presumptive two-year period of ineligibility should be reduced, and if so, by what period of time.
2. An athlete who makes an internet research on various websites aimed at checking the ingredients of the product and at comparing the detected ingredients with the contents of the Prohibited List before ingesting the product has taken some precautions. Even if further reasonable precautionary steps could have been taken such as the obtaining of a doctor or any reliable person advice, the fault of the athlete can be considered as not significant. The fact that prohibited substances are referred to by different names and do not appear from the Prohibited List as such is not self-evident and is to be taken into account. Therefore, the negligence for not having taken this last step can be considered as rather small.
3. In case of use of a Specified Substance, the standard sanction of a two-year period of ineligibility may be replaced with a sanction ranging between a mere reprimand, with no period of ineligibility, up to two (2) years of ineligibility, depending upon the athlete’s degree of fault. Where the negligence of an athlete is rather light and in light of the analysis of several other CAS decisions, the appropriate period of ineligibility can amount to a few months of ineligibility.
In August 2012 Agenţia Naţională Anti-Doping (ANAD), the National Anti-Doping Agency of Romania, has reported an anti-doping rule violation against the Athlete after his sample tested positive for the prohibited substance methylhexaneamine (dimethylpentylamine). After notification ANAD ordered a provisional suspension. The Athlete file a statement in his defence and he was heard for the ANAD Hearing Commission.
The Athlete stated he used a supplement provided by a person he knew. He argued that before using he researched the ingredients of the supplement on the internet and double-checked 1,3 dimethylamylamine as a prohibited substance on the ANAD and WADA website. He had no intention to enhance his performance and did not know that 1,3 dimethylamylamine is another name for methylhexaneamine (dimethylpentylamine).
On 20 September 2012 the Romanian Hearing Commission decided to impose a 3 month period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 7 August 2012.
On 14 November 2012 WADA appealed the decision of the Hearing Commission with the Appeal Commission of the Romanian National Anti-Doping Agency. On 18 December 2012 the Appeal Commission dismissed WADA’s appeal and confirmed the decision of the Hearing Commission.
Hereafter in February 2013 WADA appealed the decision of the Romanian Appeal Commission with the Court of Arbitration for Sport (CAS). WADA requested CAS to set aside the decision of the Appeal Commission and to sanction the Athlete with a 18 month period of ineligibility.
Considering the circumstances the sole CAS arbitrator concludes that the Athlete’s negligence is rather light and finds that a 5 month period of ineligibility is appropriate in this case.
Therefore the Court of Arbitration for Sport decides on 12 August 2013:
1.) The Appeal filed by the World Anti-Doping Agency (WADA) against the decision of the Appeal Commission of the Romanian Anti-Doping Agency dated 18 December 2012 is partially upheld.
2.) The decision of the Appeal Commission of the Romanian Anti-Doping Agency dated 18 December 2012 is set aside and replaced with the following: The Athlete is sanctioned with a period of ineligibility of 5 months, commencing on 8 August 2012.
3.) All sporting results obtained by the Athlete from 8 August up to the date of the expiring of the period of ineligibility shall be disqualified.
4.) The costs of arbitration, to be calculated by the CAS Court Office and communicated separately to the parties, shall be borne entirely by the World Anti-Doping Agency.
5.) Each party shall bear its own legal fees and other expenses incurred in connection with this arbitration
6.) All other or further claims are dismissed.
