Facts
The International Dance Sport (IDSF) charges Boris Maltsev & Zarina Shamsutdinova, the dancers, for a violation of the IDSF Anti-Doping rules. On Sunday, the 7th of December 2008, the 2008 IDSF Asian Championships Latin which took place at Taipei. After having completed the competition, the Athletes, as the winning couple of the competition, were notified by the Chaperons, that due to their 1st place they had been selected beforehand to be tested, and because of that they would have to report to the anti-doping control room. Both Athletes refused to countersign the notification form but agreed to go to the doping-control room being escorted by the Chaperons.
Refusing the procedure the Athletes stated:
• We did not receive an IDSF Consent Form about free will doping control passing before the start of the competition.
• We were not warned about doping control in the Asian championships.
• There was no representative of the Kazakhstan Dance Sport Federation (KDSF) present.
• We have signed no document about free will doping control passing.
The Athletes were informed by the Doping Control Officer (DCO) that the refusal may result in sanction for an anti-doping rule violation and - under witness signature - did sign the Doping Control Form including the reasons for refusal.
Additionally the Athletes were provisionally suspended from all IDSF competitions and/or national competitions until the case is decided by the IDSF.
The panel considers In contrast to the statement of the Athletes there is no obligation for a representative of the Dance Sport Federation of the participant who is going to be tested to be present at the doping control. The Athletes could not state the selection and notification to be tested as invalid.
Nevertheless the panel has its serious doubts, that the procedure at this event did fulfill the standards for doping control. The statement of the Athletes, not having been asked about a form of consent and the declaration of the Chairman K. Ukai together do show, that the procedure at least in this point has not been formally correct. A consequent and accurate handling of this rule would have had the result that the Athletes could have signed a missing form before the start of the competition and on the strength of it no anti-doping rule violation would have taken part. So this failure has to be taken into consideration substantially. Also the Anti-Doping Code was not included in the rules of the KDSF. Understanding the importance of the matter, the presidium of the KDSF had made a decision to include the AntiDoping Code obligatory into the rules of KDSF.
Although the IADC follows in general the “strict liability principle” and a respective violation of the Anti-Doping Code would have to be sanctioned with a certain period of ineligibility (min. 2 years for a first violation) the Chamber in Charge takes the view, that sanctioning the Athletes with such a period of ineligibility under the circumstances of this case would constitute an inappropriate sanction. On the other hand the Chamber in Charge clearly sees a rule violation committed by the Athletes. the period of ineligibility in such a case may be reduced, but not less than one year for first violations as given here.
Decision
1. The Athletes have been found guilty of a violation of the IDSF Anti-Doping Code.
2. The Athletes shall be declared ineligible for competition for one year (12 months), starting from 7 December 2008, date of the sample collection.
3. The Athletes shall pay the amount of CHF 200,00 (two hundred Swiss Francs) as the minimum costs for the proceedings.
4. The expenses of this procedure incurred with the IDSF Disciplinary Council shall be borne by the IDSF.
5. The Athletes shall bear their own costs and expenses of the present procedure.
