CAS 2014/A/3688 Maxim Simona Raula v. Romanian National Anti-Doping Agency
CAS 2014/A/3668 Maxim Simona Raula vs ANAD
Related cases:
- ANAD Comisia de Apel 2014_02 Maxim Simona Raula vs ANAD
June 2, 2014 - ANAD Comisia de Audiere 2013_12 ANAD vs Maxim Simona Raula
August 28, 2013
- Athletics (marathon)
- Doping (EPO)
- Burden of proof in connection with an anti-doping rule violation committed by evading sample collection
- Anti-doping rule violation by the presence of EPO in the athlete’s biological sample
- Aggravating circumstances justifying an increase of the standard sanction
1. The national anti-doping authority has the burden of proof to establish that a doping rule violation was committed “to the comfortable satisfaction of the hearing panel”. The national anti-doping authority has met its burden where it has established that an athlete was informed of an upcoming doping control test and intentionally evaded the sample collection with no compelling justification.
2. The Prohibited Substance (EPO) is a stimulating agent included in the WADA 2013 Prohibited List classified under section S2 Peptide Hormones, Growth Factors and Related Substances. The human body cannot excrete EPO naturally, so the only means that EPO can be administered is through an injection into the human body. This is, unless it has been established that the athlete’s sample was somehow spiked with EPO or switched out and replaced with some other athlete’s sample along the way. This also means that neither the conditions during which the sample has been stored including the temperature during transportation and handling of the sample nor any alleged departures from the IST, can cause the Adverse Analytical Finding and therefore could invalidate the result.
3. The evasion of the doping control is an aggravating factor that justifies an increase in sanction, but an additional 2 years (4 years total) is excessive in light of CAS jurisprudence. Nevertheless, the fact to participate in an intentional scheme of doping in a sophisticated manner to improve the athlete’s performance, and while doing so, to intentionally evade detection by failing to attend the doping control should be taken into account to increase the 2 years standard sanction.
In August 2013 the National Anti-Doping Agency of Romania (ANAD) has reported anti-doping rule violations against the Athlete after she evaded sample collection on 31 July 2013. Thereupon her A and B samples - provided on 5 August 2013 - tested positive for the prohibited substance recombinant human erythropoietin (rhEPO).
- On 28 August 2013 the Romanian Hearing Commission decided to impose a 4 year period of ineligibility on the Athlete.
- On 19 November 2013 the Romanian Appeal Commission upheld the Athlete's appeal.
- On 11 March 2014 the Romanian Hearing Commission confirmed the 4 year period of ineligibility it previously had imposed on the Athlete.
- On 23 April 2014 the Romanian Appeal Commission dismissed the Athlete's second appeal.
Hereafter in July 2014 the Athlete appealed the decision of the Romanian Appeal Commission with the Court of Arbitration for Sport (CAS). The Athlete requested the Panel to set aside the Appealed Decision and for a reduced sanction.
The Athlete denied that she had evaded sample collection and explained that she went home to her sick father despite she had been informed of the upcoming doping control at the training camp (and failed to return when requested). Further she alleged that there had been severaral departures of the ISTI and ISL that would invalidate the testing results.
Considering the evidence and statements in this case the Sole Arbitrator concludes that the Athlete intentionally evaded the doping control. He also deems that the presence of a prohibited substance had been established in her samples and accordingly that the she committed a second anti-doping rule violation.
The Sole Arbitrator is not of the view that this is a case where the Athlete should be suspended with the maximum sanction available. Nevertheless, the Sole Arbitrator is comfortably satisfied that the Athlete participated in an intentional scheme of doping in a sophisticated manner to improve her performance, and while doing so, intentionally evaded detection when she failed to attend the doping control.
Therefore the Sole Arbitrator of the Court of Arbitration for Sport decides on 4 June 2015 that:
1.) The appeal filed by the Athlete on 4 July 2014 is partially upheld.
2.) The decision of the Appeal Commission of the Romanian National Anti-Doping Agency is set aside.
3.) Maxim Simona Raula is sanctioned with a period of ineligibility of two (2) years nine (9) months as of 5 August 2013. The period of suspension already served by Maxim Simona Raula shall be credited against the total period of ineligibility.
4.) All competitive results obtained by Maxim Simona Raula, if any, from 5 August 2013 shall be disqualified with all the resulting consequences including forfeiture of any medals, points and prizes.
5.) The costs of the arbitration, to be determined by the CAS Court Office, shall be borne 50% by Maxim Simona Raula and 50% by the Romanian National Anti-Doping Agency.
6.) Each party shall bear their own legal and other costs.
7.) All other motions or prayers for relief are dismissed.
