In November 2010 the Agenţia Naţională Anti-Doping (ANAD), the National Anti-Doping Agency of Romania, has reported an anti-doping rule violation against the Athlete Kamil Mihail Sobota after his sample tested positive for the prohibited substance stanozolol.
The Athlete admitted he had used a prescribed medication Winstrol to treat his relapsed foot injury.
On 11 January 2011 considering the circumstances the Romanian Hearing Commission for Athletes and Athletes Support Personnel decided to impose a 12 month period of ineligibility on the Athlete.
Hereafter WADA appealed the decision of the Hearing Commission for Athletes and Athletes Support Personnel with the Romanian Appeal Commission.
WADA requested the Romanian Appeal Commission to set aside the decision of the Hearing Commission and to impose a period of ineligibility on the Athlete between 18 and 24 months. WADA argued that the Athlete had to research the ingredients of the medication before using and he had not applied for a TUE. Also Athlete’s sanction cannot be reduced on the basis of no fault or negligence when the administration of a prohibited substance has been done by the Athlete’s physician or trainer without informing the Athlete.
The Romanian Appeal Commission concludes that there was no intention to enhance sport performance due to the fact that when the medication was prescribed and used the Athlete served a disciplinary suspension for 6 months (24 April-23 October 2010) imposed by the International Federation of Rugby Amateur – European Rugby Association (FIRA-AER). Also after using the medication could stay in the system for two-three months when tested hereafter (10 November 2010). However the Appeal Commission finds that the Athlete acted negligently due to the principle of strict liability. The Appeal Commission rules that the WADA appeal is partly allowed and to set aside the decision of the Hearing Commission for Athletes and Athletes Support Personnel.
Therefore Romanian Appeal Commission decides to impose a 14 month period of ineligibility on the Athlete, starting on the date of the decision. Athlete’s previous 12 month period of ineligibility shall be counted to the total period of ineligibility.
