TAS 98/189 Michael Dionne and US Bobsled & Skeleton Federation (USBSF) vs. Fédération Internationale de Bobsleigh et de Tobogganing (FIBT)
Facts
Michael Dionne, appellant and the United States Bobsled and Skeleton Federation (USBSF) appeal against the decision of the executive committee of the International Bobsleigh and Tobogganing Federation (FIBT). Appellant had been sanctioned with a period of ineligibility of three months for being positive tested for the prohibited substance ephedrine (A and B sample). The reason was the use of products against a cold which contained the prohibited substance. Appellant appealed because he believes the sanction was too harshly and he wanted to have the opportunity to take part in the Olympic Games of Nagano.
History
The representative of the appellant took the position that the three month suspension would violate:
- the International Olympic Committee (IOC) Medical code,
- the FIBT's own rules, and
- principles of fairness and proportionality reflected in previous decisions of the CAS.
The FIBT maintains that the appeal must fail because appellant didn't exhausted internal remedies within the FIBT rules. However the arbitrator remarks that it may be useful for the FIBT to reexamine and clarify its own procedure for appeals.
The arbitrator considers the penalty put upon the appellant and concludes that it was the lowest possible.
I was taken in consideration that the appellant wasn't cheating but careless towards the use of supplements.
Decision
1. The FIBT decision regarding appellant is upheld.
2. In the circumstances, the sanction thus confirmed is not considered to affect the status of appellant as an accredited member of the U.S. Olympic Team.
3. The application has not occasioned significant costs. There is no award in that regard.
4. This award shall immediately be made public.
