Facts
The French University Sport Federation (Fédération Française du Sport Universitaire, FFSU) charges respondent M29 for a violation of the Anti-Doping Rules. During a fencing event on March 19, 2009, a sample was taken for doping test purposes. The analysis of the sample showed the presence of a metabolite of cannabis. Cannabis is a prohibited substance according the World Anti-Doping Agency (WADA) prohibited list and is regarded as a specified substance.
History
The respondent claims errors in the doping procedure by the sampler. Also she hadn't used cannabis, the positive test must be because of passive smoking. A test in a private laboratory shows no traces of cannabis. There was no intention to enhance sport performance. However the panel considers the measured amount of cannabis to high to derive from passive smoking. The test in the private laboratory was three months after the doping control and this lab doesn't have the credibility of a testing lab in doping cases. The doping control was not irregular.
Decision
1. The sanction is a period of ineligibility of six months in which respondent can't take part in competition or manifestations organized or authorized by the FFSU or the French fencing federation (FFE).
2. The decision (one year period of ineligibility) dated June 26, 2009, by the disciplinary committee of the FFSU should be modified.
3. The decision will start on the date of the notification.
4. The decision will be published and sent to the parties involved.
