Facts
The United States Anti-Doping Agency (USADA) charges Atalelech Ketema Asfaw, the athlete, for a violation of the Anti-Doping Rules. The athlete provided an urine specimen for an in-competition test that was administered at the Marathon Movistar Lima 42K in Lima, Peru on May 18, 2014. The sample showed the presence of ephedrine above the permissible threshold. Ephedrine is a prohibited substance according the World Anti-Doping Agency (WADA) prohibited list.
History
The athlete admitted the use of the ephedrine within one day after the notification and accepted a voluntary suspension. The use of the allergy medication Benadryl was the cause for the positive test. Competing abroad she hadn't her own allergy pills and took medication from a drugstore from which the ingredients were written in the Chinese language.
Due to the fact that the athlete has a low understanding of the English language, she was unaware of her violation towards the use of this medication. Also she hadn't received any education towards prevention of doping.
Submission panel:
That Ms. Asfaw is an international athlete, having competed internationally for two different countries, and lacked any basic anti-doping education from any relevant organization, was considered by the Panel, but such factors do not outweigh her lack of overall diligence in her anti-doping obligations under the circumstances. While she may have lacked anti-doping training, she is neither young nor inexperienced. The panel finds it significant that Ms. Asfaw is an active international competitor and yet she undertook no fundamental protections or otherwise had any apparent consciousness of the anti-doping rules required of all competitors in sport. The Panel views this athlete's actions in this regard as grossly negligent or even reckless, though not intentional, but nonetheless there is no basis for a reduction in fault.
Decision
1. The athlete has committed her first doping violation according to the 2009 version of the WADA Code;
2. Respondent has not sustained her burden of proof under WADA Code to qualify for a reduction in the length of her sanction. Therefore, the Panel imposes a period of ineligibility starting from the date of the Sample collection of her adverse analytical finding, May 18, 2014 and continuing through May 17, 2016, a period of two years;
3. The parties shall bear their own attorneys’ fees and costs associated with this arbitration;
4. The administrative fees and expenses of the American Arbitration Association (AAA), and the compensation and expenses of the arbitrators and the Panel, shall be borne entirely by USADA and the United States Olympic Committee;
5 This Award shall be in full and final resolution of all claims and
counterclaims submitted to this Arbitration. All claims not expressly
granted herein are hereby denied; and
6 This Award may be executed in any number of counterparts, each of which shall be deemed an original, and all of which shall constitute together one and the same instrument.
