CAS 2012/A/2960 World Anti-Doping Agency (WADA) v. Angela Covert & Fédération Equestre Internationale (FEI)
Related case:
FEI 2012 FEI vs Angela Covert
September 4, 2012
Equestrian (jumping)
Doping (methylhexaneamine (dimethylpentylamine))
Destruction of the samples
Methylhexaneamine in geranium oil
Failure to establish the source of the specified substance
Beginning of the ineligibility period in case of delays not attributable to the athlete
Disqualification of results during the period of ineligibility
1. The International Standard for Laboratories (ISL) rules clearly require laboratories to retain samples of adverse findings for at least three months. If the laboratory has been informed by the testing authority that the analysis of a sample is “challenged” or “disputed,” the laboratory is required to hold onto the sample until “completion of any challenge”. However, if the laboratory has not been informed by the testing authority or the athlete that the analysis of the athlete’s samples is being challenged or disputed, the laboratory shall either use the sample for research purposes or dispose of it. A “purposive” interpretation of the provision(s), so as to find that the laboratory is required to retain the sample even though the laboratory has not been given notice to do so, would only be appropriate if the ISL provision in question contained some ambiguity so that consideration of the underlying purpose of the text would help to clarify the meaning of the provision. However, if the provision is clear as to what laboratories are required to do, there is no need for a “purposive” interpretation, as it would in fact be an inappropriate re-writing of the article.
2. Based on the current expert opinions and scientific studies it does not seem (based on the balance of probabilities) that geranium oil contains methylhexaneamine.
3. If the athlete fails to establish the source of the specified substance in his/her sample, i.e. how the prohibited substance entered his/her system, he/she cannot benefit of an ineligibility period reduction or elimination.
4. Where there have been substantial delays in the hearing process or other aspects of Doping Control not attributable to the athlete or other person, the federation or Anti-Doping Organization imposing the sanction may start the period of ineligibility at an earlier date commencing as early as the date of sample collection or the date on which another anti-doping rule violation last occurred.
5. It would be incongruous to the definition of ineligibility if an athlete were permitted to retain his/her results, including medals, points and prizes, during any period of ineligibility, even during a period that has been backdated.
In June 2011 the International Equestrian Federation (FEI) has reported an anti-doping rule violation against the Athlete Angela Covert after her A and B samples tested positive for the prohibited substance methylhexaneamine (dimethylphentylamine).
The Athlete submitted that she used a nasal spray (Euvanol Spray), due to she suffered from a fractured nose injury to stop the bleeding. The prohibited substance was not listed as an ingredient on the label and she had no intention to enhance her sport performance.
Based on the written material the FEI Tribunal decided on 4 September 2012 to sanction the Athlete with a reprimand and a fine of CHF 500.
Hereafter on 24 October 2012 WADA appealed the FEI decision of 4 September 2012 with the Court of Arbitation (CAS). WADA requested to set aside the FEI decision, to sanction the Athlete with a 2 year period of ineligibility and to disqualify her results.
Considering the evidence and statements, the CAS Panel finds it highly unlikely that the methylhexaneamine found in the Athlete’s sample could come from one bottle of Euvanol, used by the Athlete over the course of a week. As a result the Athlete has failed to establish the source of the substance in het sample and cannot rely on reduction or elimination of het sanction.
Therefore The Court of Arbitration for Sport decides on 31 January 2014 that:
1.) The appeal filed by the World Anti-Doping Agency on 24 October 2012 is partially upheld.
2.) The decision of the Federation Equestre Internationale Tribunal dated 4 September 2012 is set aside.
3.) The Athlete Ms. Angela Covert is sanctioned with a two-year period of ineligibility, which shall commence on 30 June 2011.
4.) All competitive results obtained by Ms. Angela Covert from 30 June 2011 to 30 June 2013, including the results of the CS14*-W event in Spruce Meadows AB (Calgary, Canada), shall be disqualified with all the resulting consequences, including forfeiture of any edals, points and prizes.
5.) This award is pronounced without costs, except for the Court Office fee of CHF 1’000 paid by the World Anti-Doping Agency, which shall be retained by the Court of Arbitration for Sport.
6.) Each party shall bear her/its own legal costs and other expenses incurred in connection with this arbitration.
7.) All other prayers of relief are dismissed.
