Facts
On 29 March 2014, Flora Bouchereau, the athlete, addressed an appeal against a doping sanction, dated October 15, 2013, to the WDSF Disciplinary Council (WDSF DC) by e-mail.
History
On 17 August 2013, the Athlete competed in the World Championships in Boogie Woogie Main Class, held in Stuttgart, Germany. The Athlete was selected for a doping control and was asked to refer to the check-in-desk immediately after finishing the competition. Nevertheless, the Athlete presented herself to the WDSF Anti-Doping representative more than 30 minutes after she had completed her last competition. During the test, the Athlete stated that she had health problems and therefore had used phloroglucinol the week before the competition. The Athlete did not request a Therapeutic Use Exemption (TUE) for this or other medications.
Her sample tested positive for morphine. The Athlete had stated to have taken a medication called “Dafalgan Codeine” against sore throat, common cold and headaches. The Athlete assured to the WRRC representative that she had not known that the substances contained in her medication were not allowed. the WDSF Anti-Doping Commission Chair stated that codeine is a weak opiate, which would explain the traces of morphine in the urine sample of the Athlete. The WDSF Anti-Doping Commission Chair added that she could exclude that codeine had been taken by the Athlete to enhance her performance in the competition. Morphine is regarded as a specified substance. Her suspension was set from 3 October 2013 until 2 October 2014 and not from 17 August 2013 until 16 August 2014. The athlete waived her rights for a hearing.
The athlete did not dispute her violation and period of ineligibility of one year but in her belief the sanction is 14,5 months and not on year. Also she was not informed correctly about her rights to appeal and documents were not disclosed to her.
The panel considers the athlete as experienced, she knows she has to check the ingredients of her medication. There are no exceptional circumstances, the athlete was able to explain how the prohibited substance had entered her body.
Decision
1. The sanction is a period of ineligibility for competition for one year, starting from September 6, 2013 and ending on September 5, 2014.
2. All results obtained by the Athlete in competitions on and since August 17, 2013, until the end of the ineligibility period shall be invalidated.
3. The present formal decision is rendered without cost. The expenses of the procedure incurred by the WDSF Disciplinary Council shall be borne by the WDSF. The Athlete shall bear her own cost and expenses of the present procedure.
