In May 2012 the Japan Anti-Doping Agency (JADA) has reported an anti-doping rule violation against the Athlete J-4133 (the Athlete) after he refused or failed without compelling justification to provide a sample for drug testing. After notification a provisional suspension was ordered. The Athlete filed a statement in his defence and he was heard for the Japan Anti-Doping Disciplinary Panel
The amateur Athlete was selected to provide a sample during a cycling competition in April 2012 but he already had left the competition after an accident, his fall from his bicycle and his disqualification in the race.
Later that day the Athlete’s coach managed to contact the Athlete who was riding home on his bicycle to inform him that he was selected but the sample collection was already finished.
Before the competition started the athletes had received information about the doping test from the Doping Control Officers. Not mentioned was that athletes who abandoned the competition could also be be selected to provide a sample.
The Panel finds that it was not desirable that the Athlete left to return home after being disqualified in the race and did not confirm whether he was selected to undergo testing. Neither does the Panel intend to fully deny the notification method generally used in the cycling world.
Considering the circumstances in this case the Panel concludes that the Athlete cannot be found to have received “notification as authorized in these Anti-Doping Rules” in Article 2.3, and therefore a violation of anti-doping rules as set forth in the Japan Anti-Doping Code cannot be found to have occurred.
The Japan Anti-Doping Disciplinary Panel decides on 4 June 2012 to cease the proceedings against the Athlete including the imposed provisional suspension.
