CAS 98/213 Union Cycliste Internationale (UCI) / C. & Federazione Ciclistica Italiana (FCI)
- Cycling
- Doping (testosterone)
- Jurisdiction of CAS
- Endogenous substance
1. By applying for a licence and by participating in races belonging to the international calendar of the UCI, athletes agree to comply with and to be bound by all provisions of the Regulations applying thereto, i.e. the UCI rules including the AER.
2. For endogenous steroids, a sample is deemed positive if the T/E ratio is higher than 6, unless it can be proven that this ratio is due to physiological or pathological condition.
3. Pursuant to the UCI Regulations, a sanction, in order to be effective, must be served during the period of normal activity. As a consequence, a suspension falling to a considerable extent within a “dead period”, which means a period where the athlete does usually not compete, cannot be regarded as an effective sanction.
In Juni 1998 the Italian Cycling Federation (FCI), initiated by the International Cycling Union (UCI), has reported an anti-doping rule violation against the Italian Athlete C. after his A and B samples, provided in April and May 1998, tested positive for the prohibited substance testosterone with a T/E ratio above the WADA threshold. Thereupon the Athlete underwent an endocrinological examination which showed that the Athlete did not have naturally elevated T/E ratio.
On 31 August 1998 the FCI Disciplinary Commission decided to impose on the Athlete C. a 6 month period of ineligibility and a CHF 2’000,-- fine without specification of the starting and or ending of the suspension.
Hereafter the UCI appealed in October 1998 the FCI decision of 31 August 1998 with the Court of Arbitration for Sport (CAS). The UCI requested the CAS Panel for disqualification of two competition results and to impose a sanction on the Athlete of at least 9 months including a higher fine.
The Panel – with the approval of the UCI – decides to consider the different positive results as one single offence. The Panel thus holds that the analysis of the A-samples, confirmed by the analysis of the B-samples, revealed the presence of prohibited substances, which as such constitutes an infringement of the UCI Rules.
With regard to the sanction, the Panel only partially agreed and therefore modifies the decision of the FCI.
The Panel notices that the discussion about the dead period is a consequence of the particular sanction system of the UCI, which provides for a minimal duration of suspension of less than one year. The discussion could be avoided if the UCI would harmonize its sanctions with other sport federations and provide for minimum suspension of at least twelve months.
Therefore the Court of Arbitration for Sport decides on 24 February 1999:
1.) The appeal by the UCI is partially upheld.
2.) The decision of the Federazione Ciclistica Italiana (FCI) dated 31 August 1998 is partially modified:
a.) The disqualification from the “Giro del Trentino” 1998 is cancelled.
b.) The Athlete C. is sanctioned as follows:
- disqualification from the “Tour de Romandie” 1998;
- suspension for nine months from 6 September 1998 to 5 June 1999;
- fine of CHF 2’000.-- (two thousand Swiss francs).
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