Related case:
CAS 2015_A_4127 Ian Chan vs CWSA & CCES
December 11, 2015
In March 2015 the Canadian Centre for Ethics in Sport (CCES) has reported an anti-doping rule violation against the Athlete, a wheelchair rugby player, after his sample tested positive for the prohibited substances fentalyl and oxycodone.
After notification a provisional suspension was ordered. The Athlete filed a statement in his defence and was heard for the Tribunal.
The Athlete admitted the violation and stated that he mentioned the use of oxycodone on the Doping Control Form with a TUE application still under review.
The Athlete submitted that his team doctors made the TUE application and he believed that the TUE was already approved when the team doctors gave him permission to play. Hereafter the Athlete applied for a TUE on 3 February 2015 which was approved on 5 March 2015 for a period of 4 years.
Due to his medical and personal situation the Athlete used prescribed oxycodone and also oxycodone supplied by a friend. The Athlete acknowledged that he did not conduct any research to ensure that these pills were not contaminated with a prohibited substance (fentalyl).
The Tribunal finds that the Athlete failed in his responsibility that no prohibited substances enters his body. Considering the Athlete’s circumstances and with a high degree of fault the Tribunal decides on 23 June 2015 to impose a 16 month period of ineligibility on the Athlete starting on the date of the sample collection, i.e. on 13 december 2014.
