Related case:
FISA 2005 FISA vs Ganna Gryhchenko
February 9, 2005
In August 2004 the Athlete Olena Olefirenko competed in the Women’s quadruple sculls event during the Athens 2004 Olympic Games.
The International Olympic Committee (IOC) has reported an anti-doping rule violation against the Athlete after her sample tested positive for the prohibited substance etamivan.
The Ukraine Delegation declared, in absence of the Athlete, to the IOC Disciplinary Commission that the Athlete took the medication, listed on the Doping Control Official Record. The medication were prescribed by the Athlete’s team doctor.
The Disciplinary Commission noted that, on the Doping Control Official Record filled out by the athlete at the time of the collection, one of the medications declared by the athlete, Instenon, contains the prohibited substance etamivan, found in her urine.
The Disciplinary Commission unanimously concluded that the Athlete had committed a doping offence in that there was etamivan in the Athlete’s urine. The Athlete had no possibility of knowing that she was taking a prohibited substance and that she had no reason not to trust her doctor.
On 26 August 2004, based on the recommendation of the Disciplinary Commission, the IOC Executive Board decided:
1.) that, due to the adverse analytical finding in the urine of the Athlete Ms. Olena Olefirenko and the Ukraine team (women’s quadruple sculls in final A) be disqualified from the Women’s quadruple sculls event, in which they had placed third;
2.) that all bronze medals and diplomas be withdrawn from the above-noted athletes;
3.) that the International Rowing Federation be requested to modify the results of the above-mentioned event accordingly and to consider any further action within its own competence;
4.) the Ukraine Olympic Committee be ordered to return to the IOC, as soon as possible, the medals and diplomas awarded to the athletes in relation to the above-noted event;
5.) that the International Rowing Federation consider possible action against the Athlete’s team doctor;
6.) that the Ukraine Olympic Committee consider possible action against the team doctor;
7.) that the IOC reserves the right to open a new procedure in front of the IOC with respect to any participation of the team doctor in the 2006 or 2008 Olympic Games; and
8.) this decision shall enter into force immediately.
Hereafter in November 2004 the International Federation of Rowing Associations (FISA) notified the Athlete, her team doctor and the National Olympic Committee of Ukraine, of a FISA hearing about this doping case.
The athlete claimed that she did not take any other substance than those listed in the doping form that she had completed. The analytical finding of the lab is compatible with this statement and confirmed the intake of etamivan, a stimulant. She insisted that she only took the medication given to her by the team doctor, without any consideration that it could be prohibited.
The FISA Anti-Doping Hearing Panel concludes that the Athlete had no intention to enhance her sport performance and that she followed the advice of her team doctor in order to treat her medical condition. The FISA Anti-Doping Hearing Panel decides:
1.) The Athlete Ms. Olena Olefirenko committed a doping violation in that there was etamivan in her urine sample of 22 August 2004.
2.) The Athlete has established that in this violation, she was not at fault and was not negligent in her behaviour.
3.) Therefore the period of ineligibility which would otherwise be the sanction for such a doping violation is eliminated and further, the violation shall not be considered a violation for the limited purpose of determining the period of ineligibility for multiple violations.
4.) This award is rendered without costs.
