Facts
The International Swimming Federation (FINA) charged Tae-Hwan Park, the athlete, for a violation of Anti-Doping Rules. On the September 3, 2014 in Incheon Korea, the athlete underwent an out-of-competition doping control test. Analysis of the sample showed the presence of exogenous testosterone which is a prohibited substance according the World Anti-Doping Agency (WADA) prohibited list.
History
The medical physician or his nurse had injected the athlete with the prohibited substance. The athlete took legal action against his medical physician. This physician had injected him as part of chiropractic treatments and the athlete accepted her explanation that the injections would remedy his cold symptoms.
The athlete clearly failed to uphold his duty to prevent a prohibited substance from entering his body and bears the fault for his positive test. He did however had submitted that it was not his fault as he had trusted his medical physician. For this mitigating circumstances must be considered: reduction of sanction to a period no less than 12 months for "no significant fault or negligence" ; and reduction of sanction where the athlete provides "substantial assistance".
The panel disagrees that the athlete had satisfied fully the provisions for reduction of the period of ineligibility because of mitigating circumstances. Also the outcome of the legal action against the medical physician was not known to the panel, and the panel has no jurisdiction to directly sanction this medical physician. The way the prohibited substance had entered his body, by injection confirmed by the nurse, was accepted by the Panel on a balance of probability.
Decision
- The period of ineligibility will be 18 months commencing on the September 3, 2014 and ending at the conclusion of March 2, 2016, for his first anti-doping rule violation.
- All results obtained by the athlete on or after 3 September 2014 and through and including the date of this decision are disqualified. Any medals, points and prizes achieved during that period shall be forfeited.
- All costs of this case shall be borne by the Korea Swimming
Federation.
