FINA 2016 FINA vs William Brothers

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.

Original document

Parameters

Legal Source
Decisions International Federations
Date
17 May 2016
Arbitrator
Ben Belkacem, Farid
Fox, Robert
Hack, Raymond
Original Source
International Swimming Federation (FINA)
Country
Canada
Language
English
ADRV
Refusal or failure to submit to sample collection
Sport/IFs
Swimming (FINA) - World Aquatics
Medical terms
Cardiovascular diseases
Treatment / self-medication
Various
Blood Sample Collection
Doping control
Retirement
Sample collection procedure
Document type
Pdf file
Date generated
9 August 2016
Date of last modification
11 April 2018
Category
  • Legal Source
  • Education
  • Science
  • Statistics
  • History
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  • Country
  • Language
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  • ADRV
  • Legal Terms
  • Sport/IFs
  • Other organisations
  • Laboratories
  • Analytical aspects
  • Doping classes
  • Substances
  • Medical terms
  • Various
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Origin