CAS 2014/A/3472 World Anti-Doping Agency (WADA) v. Marzena Karpinska & Polish Weightlifting Federation (PWF)
Weightlifting
Doping (19-norandrosterone)
Consequences of the inadmissibility of an appeal before the first instance body having imposed the original sanction
Fairness of the sanction
1. If, pursuant to the applicable Article 13.2.1 of the Anti-Doping Model Rules of the Polish Commission Against Doping in Sport, in cases involving an International-Level Athlete, a decision may be appealed exclusively to CAS and the athlete is considered to be an International-Level Athlete in the meaning of the abovementioned Article 13.2.1, he or she must lodge his/her appeal against the first instance decision before the CAS. Therefore the PWF Disciplinary, Anti-Doping and Club Change Committee which issued the original decision has no jurisdiction over an appeal and cannot re-examine its own decision and decide to shorten the ineligibility period of 2 years originally imposed to 16 months.
2. If the suspension sought by WADA of the athlete’s individual results between the first 16 months of suspension and the now 8 additional months imposed on the athlete as a result of WADA’s appeal have the additional effect to extend the overall sanction over the period of two years of ineligibility originally imposed, reasons of fairness suggest that the relevant request for relief put forward by WADA shall not be upheld and any awards, earnings, etc. earned by the athlete after he/she began to compete, in good faith, following the conclusion of the first 16 months of suspension until the date of this award imposing the additional 8 months of suspension shall be retained by the athlete.
In June 2012 Polski Zwiazek Podnoszenia Ciezarow (PZPC), the Polish Weightlifting Federation (PWF) has reported an anti-doping rule violation against Marzena Karpinska after her A and B samples tested positive for the prohibited substance 19-norandrosterone (metabolite of nandrolone). As a result the Disciplinary, Anti-Doping and Club Change Committee of the PWF decided on 13 September 2012 to impose a 2 year period of ineligibility on the Athlete. The Athlete appealed in October 2012 and the PWF decided to reduce the imposed sanction from 2 years to 16 months.
Hereafter in In January 2014 WADA appealed the PWF decision of 3 October 2013 with the Court of Arbitration for Sport (CAS).
WADA requested the CAS Sole Arbitrator to set aside the PWF decision and to impose a 2 year period of ineligibility on the Athlete.
WADA argued that the Polish Anti-Doping Model Rules don’t allow PWF amending of the appealed decision and without permission of both WADA and IWF. The Model Rules also don’t allow reduction of the imposed sanction for violations with anabolic steroids and under the Model Rules the Athlete failed to explain how the prohibited substance entered her body. In addition the Athlete failed to file her appeal within 21 days after receipt of the original decision.
The Sole Arbitrator finds that the Athlete’s appeal was not admissible due to the fact that she filed her appeal too late according to the Polish Anti-Doping Model Rules and the PWF Disciplinary Regulations and without PWF jurisdiction should have been addressed to CAS.
Therefore the Sole Arbitrator of the Court of Arbitration for Sport decides on 5 September 2014 that:
1.) The appeal filed by the World Anti-Doping Agency is partially upheld.
2.) The decision rendered by the Polish Weightlifting Federation Disciplinary, Anti-Doping and Club Change Committee on 3 October 2013 is set aside.
3. )The decision rendered by the PWF Disciplinary, Anti-Doping and Club Change Committee on 13 September 2012 (the Original Decision) is re-established.
4.) Ms Marzena Karpinska is sanctioned with an additional period of ineligibility of eight (8) months starting from the notification of the present award by the CAS Court Office.
5.) The costs of the arbitration, to be determined and served to the parties by the CAS Court Office, shall be borne by the Polish Weightlifting Federation.
6.) The Polish Weightlifting Federation shall contribute CHF 3,000.00 towards the legal expenses and costs incurred by the World Anti-Doping Agency in connection with this procedure.
7.) All other motions or prayers for relief are dismissed.
