Related case:
CAS 2016_A_4631 William Brothers vs FINA
March 21, 2017
In September 2015 the International Swimming Federation (FINA) has reported an anti-doping rule violation against the Swimmer for his refusal to provide a sample out-of-competition for drug testing.
In August 2015 the Swimmer initially cooperated with the two Doping Control Officers (DCO) at his residence. However after a phone call from his father under observation of the DCOs the Swimmer notified the DCOs that he will not take the blood test due to health reasons and that he will retire from sport. Also the Swimmer mentioned his reason on the Doping Control Form.
After notification of the violation the Athlete filed a statement with medical files in his defence and he was heard for the FINA Doping Panel. The Athlete acknowledged his refusal of sample collection but explained that he was dealing with a serious medical problem in August 2015 and found his situation as a result of that stressful. He explained he already had decided to retire but had not filled out the relevant documentation at the time the DCOs arrived at his home.
Considering the Swimmers statement the Panel finds that the Swimmers’s medical condition was no ground to refuse the sample collection. The Panel concludes that the Swimmer’s refusal was intentional after he followed his father’s instruction not to cooperate with the DCOs.
Therefore on17 May 2016 the FINA Doping Panel decides to impose a 4 year period of ineligibility on the Swimmer starting on the date of the sample collection, including forfeiture of medals/prizes, reimbursement of prize-money.