CAS 2011/A/2398 World Anti-Doping Agency (WADA) v. World Triathlon Corporation (WTC) & Timothy Marr, award of 20 February 2012
Related case:
CAS 2011_A_2398 WADA vs WTC & Timothy Marr - Partial Award
August 19, 2011
- Triathlon
- Doping (amphetamine)
- Assessment of the ineligibility period
In assessing the period of ineligibility to impose, a panel must have regard to the particular circumstances of each case. In a particular case where the facts are agreed to between the parties that the athlete had no intention to take the prohibited substance thus no intent to enhance sports performance, he was consuming a beverage he thought to be his, he was travelling with a friend, he was not in a hostile environment when he consumed the beverage, he was not aware that his friend suffered from Attention Deficit Disorder, nor was he aware that his friend was prescribed medication for the disorder, the degree of fault or negligence by the athlete is very limited.
On 22 February 2011 the North American Court of Arbitration for Sport Panel (AAA) decided to impose a 6 month period of ineligibility on the Athlete Timothy Marr after his A and B samples tested positive for the prohibited substance Amphetamine.
Hereafter in April 2011 the World Anti-Doping Agency (WADA) appealed the AAA decision with the Court of Arbitration for Sport (CAS). WADA requested the Panel to set aside the Appealed Decision and to impose a period of ineligibility on the Athlete between 12 and 14 months.
The Athlete denied the intentional use of the substance and explained that he ingested the substance when he consumed his friend's drink. This drink contained prescribed Adderall and this medication was poured into his drink by his friend during his absence.
The Panel accepts that the violation was not intentional and finds that the Athlete had acted with very limited degree of fault or negligence in order to impose a reduced sanction.
Therefore the Court of Arbitration for Sport decides on 20 February 2012:
1.) The appeal filed by the World Anti-Doping Agency against the decision issued by the American Arbitration Association on 22 February 2011 is upheld.
2.) The Award rendered on 22 February 2011 by the American Arbitration Association in the matter of World Triathlon Corporation v. Mr. Timothy Marr is set aside.
3.) Mr. Timothy Marr shall serve a twelve months period of ineligibility, beginning 13 August 2010 and ending 12 August 2011. All competitive results obtained by Mr. Marr between 23 February 2011 and 12 August 2011 shall be disqualified, with all of the resulting consequences including forfeiture of any medals, points and prizes.
4.) This award is pronounced without costs, except for the Court Office fee of CHF 1,000 paid by WADA which shall be retained by the CAS.
5.) All other or further prayers for relief are dismissed.
