Facts
The Canadian Centre for Ethics in Sports appeals against the decision of the doping tribunal, dated January 5, 2015, in which Alicia Brown, the athlete, was sanctioned with a reprimand for a violation of the Anti-Doping Rules. Her sample, taken during a out-of-competition doping control, tested positive on hydrochorothiazide (HCTZ) which is a prohibited substance according the Wold Anti-Doping Agency (WADA) prohibited list. She had established that she had no significant fault or negligence because she claimed, on a balance of probabilities, that the HCTZ had entered her body probably by drinking contaminated water at Ingersoll. The athlete had quickly admitted the anti-doping violation and had not participated in a sanctioned race for over a year. In this particular case the athlete made a cross-appeal.
Submissions
The Canadian Centre for Ethics in Sport (CCES) requests in his appeal to overturn the decision of January 5, 2015, and impose a period of ineligibility of two years on the athlete effective from November 26, 2013, the date of the sample collection.
The athlete wants the imposed sanction to be maintained.
THe CCES submits that the arbitrator's decision is unreasonable and must be set aside.
However the athlete claims that the decision of the arbitrator is reasonable, "means of ingestion" can be broadly interpreted. She had never heard of the substance before and it provided no benefit to her. The extreme low level of HCTZ was so low that some WADA approved laboratories would not have detected it. The athlete had made efforts to find to source of the inadvertent ingestion.
The appeal tribunal concludes that the athlete did not discharged her burden of proving on a balance of probabilities how HCTZ entered her body through a single probably source of ingestion.
Decision
- The appeal is allowed;
- The cross-appeal is denied;
- The decision rendered on January 5, 2015, by the Doping Tribunal is set aside;
- The athlete is ineligible for a period of two years commencing on November 26, 2013;
- Each party shall bear its own costs and expenses incurred in the appeal and cross-appeal;
- All other request for relief by the parties are dismissed.
