Facts
The Canadian Centre for Ethics in Sport (CCES) alleges Austin Denman, the athlete, for a violation of the Canadian Anti-Doping Program (CADP). On July 19, 2013, the Athlete was selected for an out-of-competition doping control sample of both blood and urine. The analysis of the sample showed the presence of terbutaline which is a prohibited substance according to the 2013 Wold Anti-Doping Agency (WADA) prohibited list incorporated under the CADP.
History
The athlete suffers from asthma since childhood, for that reason he had used medication containing the prohibited substance. The reason for not applying earlier for an Therapeutic Use Exemption (TUE) was due to a busy training schedule. However he didn't mention this on the doping control form. Realizing his mistake during the procedure he tried to get an amended certificate. In the process he had received a TUE with the wrong date, which was the date of the doping control.
A retrospective TUE is only granted in medical emergencies or acute medical situations, this case is no considered to be exceptional. The Athlete has failed to establish that it would have been possible or beyond all reasonable expectations for him to submit a full application for a TUE prior to the doping control. Also it is considered that there had been enough time to apply for a TUE.
Decision
1. The Athlete has committed an Anti-Doping Rule Violation for the Presence of a Specified Substance in his bodily specimen;
2. The Athlete shall be sanctioned with a 2 month period of Ineligibility;
3. Because the Athlete has been serving a provisional suspension since December 16, 2013, the provisional suspension can be terminated effective immediately. The Athlete is free to compete.
Costs
Neither party has made a request for costs. Accordingly, no such order will be made.
