FISA 2005 FISA vs Ganna Gryhchenko

Related case:
FISA 2005 FISA vs Olena Olefirenko
February 9, 2005

In August 2004 dr. Ganna Gryhchenko was the team doctor of the Athlete Olena Olefirenko who 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 Ms. Olena Olefirenko 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 team doctor Ms. Ganna Gryhchenko.
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 Ms. Ganna Gryhchenko.

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 that all bronze medals and diplomas be withdrawn from the above-noted athletes;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 Ms. Ganna Gryhchenko;
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 Ms. Ganna Gryhchenko 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, the team doctor Ms. Ganna Gryhchenko and the National Olympic Committee of Ukraine, of a FISA hearing about this doping case. The team doctor Ms. Ganna Gryhchenko did not file a statement in her defence and failed to appear for the FISA Anti-Doping Hearing Panel.

The Athlete Ms. Olena Olefirenko 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 Ms. Ganna Gryhchenko, 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 Panel finds that the team doctor is expected to know the IOC Anti-Doping Rules and the list of prohibited substances. In spite of this, Dr. Ganna Gryhchenko provided to the athlete Ms. Olena Olefirenko the medication Instenon, which contained the prohibited substance etamivan, resulting in disqualification of the Athlete and her crew and the loss of an Olympic medal.
The Hearing Panel rules that Doctor Ganna Gryhchenko had probably no intention to violate any anti-doping rules. Her negligence in this case is significant and it had disastrous consequences for the Athletes. Therefore the FISA Anti-Doping Hearing Panel decides to impose a 4 year period of ineligibility on Dr. Ganna Gryhchenko, starting from the date of the sample collection, i.e. 22 August 2004.

Original document

Parameters

Legal Source
Decisions International Federations
Date
9 February 2005
Arbitrator
Oswald, Denis
Rolland, Jean-Christophe
Smith, Tricia C.M.
Original Source
International Federation of Rowing Associations (FISA)
Country
Ukraine
Language
English
ADRV
Administration / attempted administration
Legal Terms
Aggravating circumstances
Consequences to athletes / teams
Negligence
No intention to enhance performance
Sport/IFs
Rowing (WR) - World Rowing
Other organisations
International Olympic Committee (IOC)
Laboratories
Athens, Greece: Doping Control Laboratory of Athens
Doping classes
S6. Stimulants
Substances
Etamivan
Medical terms
Legitimate Medical Treatment
Various
Athlete support personnel
Contamination
Disqualified competition results
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Pdf file
Date generated
28 January 2014
Date of last modification
24 July 2015
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