Related case:
IOC 2000 IOC vs Andreea Raducan & Oana Ioachin
September 26, 2000
CAS OG_2000_011 Andreea Raducan vs IOC
September 28, 2000
Ms. Andreea Raducan is a Romanian Athlete competing in the Women’s Individual Gymnastics at the Sydney 2000 Olympic Games.
On 25 September 2000 the International Olympic Committee (IOC) has reported an anti-doping rule violation against the Athlete after her A and B samples tested positive for the prohibited substance pseudoephedrine in a concentration above the IOC threshold.
On 26 September 2000 the IOC Executive Board decided to disquality the Athlete and ordered to withdraw and return the gold medal and the diploma awarded to the Ahlete.
Considering the circumstances the FIG Executive Committee hereafter decided on 27 September 2000 not to impose any sanction on the Athlete.
On 28 September 2000 the Athlete appealed the IOC decision of 26 September 2000 with the Court of Arbitration for Sport (CAS). The Athlete requested the CAS Panel to set aside the IOC decision and restoring the gold medal to the Athlete.
The Athlete argued that she bears no responsibility for the anti-doping violation, due to a cold and cough she suffered she used Nurofen medication provided to her by the Romanian team doctor. She also disputed the validation of the doping test.
The CAS Panel ruled that the Athlete’s arguments does not effect the fact that a prohibited substance was present in her system during a competition. Therefore the Court of Arbitration Panel agrees with the sanction imposed by the IOC and dismissed the Athlete’s appeal.
Hereafter the Athlete appealed the CAS Decision of 28 September 2000 with the Swiss Federal Court.
On 4 December 2000 the Swiss Federal Court considers the Athlete’s arguments and rules that these are without ground and therefore dismiss the Athlete’s appeal.
