Facts
The French Swimming Federation (Fédération Française de Natation, FFN) charges respondent M34 for a violation of the Anti-Doping Rules. During a water polo match on November 3, 2007, a sample was taken for doping test purposes. The analysis of the sample showed the presence of a metabolite of cocaine. Cocaine is prohibited substance according the World Anti-Doping Agency (WADA) prohibited list and is regarded as a specified substance.
History
The respondent denies the use of cocaine, probably it derives from his intimate relations with his partner, which is a regular consumer of this narcotic. He even arranged a hair test on his expense which indicates an extreme low concentration of the prohibited substance. However cocaine is not regarded as a specified substance, for this reason there are no mitigating circumstances for the use of it. Also the panel regards a hair test not valid because this indicates the use over a long period of time and not the recent usage, like an urine test.
Decision
1. The sanction is a period of ineligibility of two years in which respondent can't take part in competition or manifestations organized by the FFN.
2. The decision (one year period of ineligibility), dated February 29, 2008, by the disciplinary committee of the FFN should be modified.
3. The period of ineligibility will be reduced by the period already served by the decision of February 29, 2008.
4. The decision start on the date of notification.
5. The decision will be published and sent to the parties involved.
