In December 2007 the Fédération Internationale de Tir à l'Arc (FITA), the World Archery Federation (WA), reported an anti-doping rule violation against the Ukrainian Athlete Markiyan Ivashko after he failed to be available for out-of-competition testing. After notification the Athlete did not open his door for the DCO but hereafter he co-operated to provide a sample on a later moment the same day.
The Panel finds that the Athlete’s decision not to open the door and not to step out of his flat into the public area, where he would not have disturbed his fiancée, constitutes a violation of his duty to make himself available for out-of-competition. In so doing, he actively prevented a notification of the test procedure which would have begun with the identification of the athlete, the legitimation of the DCO and the initiation of the testing procedure. Without proper identification and legitimation, the sample collection procedure, pursuant to the DCO’s testimony, could not “be put in motion”.
Considering the circumstances in this case, the FITA Anti-Doping Panel finds that the Athlete did no refuse to provide a sample, due to the Athlete didn’t provide a sample at that specific time and he provided a sample to the DCO 5 to 6 hours later.
The Panel concludes that the unwillingness to open the door to his flat and to seek, in a cooperative spirit together with the DCO, a mutually-agreeable solution to the dilemma constitutes an unacceptable, although temporary, denial of his availability within the meaning of art. 2.4. of the FITA Anti-Doping Rules. The Athlete did not refuse the sample collection; he made himself unavailable, contrary to the rules and the terms of his whereabouts information, to undergo the testing procedure within the confines of his small flat. Despite the cited problems on the side of the DCO and of the Sample Collection Agency, the Athlete unavailability cannot go unsanctioned.
Therefore the FITA Anti-Doping Panel decides to impose a 3 month period of ineligibility retroactively on the Athlete, starting on the date of the violation, i.e. on 9 December 2007. The Athlete’s results are annulled during the ineligibility period including forfeiture of all medals, points and prizes.
