CAS 2002/A/396, Baxter / International Ski Federation (FIS)
- Alpine skiing
- Inadvertent doping
- Calculation of the suspension
- Interpretation of regulations
1. Suspensions based on Section D, Rule 2, art. 1.2.1 of the FIS Medical Guide, which provides the following sanction for inadvertent doping : « Suspension from participation in all international ski competitions for three months for the first offence (during a fixed period within the actual or next competition season) », should
a) begin to run on the day the sample was taken until the end of the competition season underway,
b) be interrupted between competition seasons (in order to be effective) and
c) resume during the next competition season(s), either Northern or Southern Hemisphere season, until the suspension period has entirely run.
The exact starting and ending date of each competition season (Northern and Southern Hemispheres) to be accounted for when calculating the period of suspension should be the most up-to-date FIS Calendar at the time the decision to sanction is made by the FIS.
2. The Panel considers that “all” international ski competitions must mean all the competitions classified as such by the FIS in its International Ski Competition Rules (“ICR”) and listed by it in the FIS Calendar. Thus, the current wording of the regulations does not allow calculating a suspension period in such fashion that only certain competitions on the FIS Calendar are selectively covered by the suspension.
Mr. Alain Baxter is a British Athlete competing in the men’s alpine slalom event at the Salt Lake City 2002 Olympic Winter Games.
On 11 June 2002 the International Ski Federation (FIS) decided to impose a 3 month period of ineligibility on the Athlete after his A and B samples, provided in February 2002 at the Olympic Winter Games, tested positive for the prohibited substance methamphetamine.
After deliberations between FIS, the British Ski & Snowboard Federation (BSSF) and the Athlete about the calculation of the suspension the Athlete appealed the FIS decision of 11 June 2002 with the Court of Arbitration for Sport (CAS).
The Athlete argued that the FIS violated the applicable regulations by incorrectly accounting several factors when deciding the 3 month period of ineligibility.
Following assessment of the case the Panel deems that FIS' decision to sanction the Athlete with a three-month suspension period did not observe the applicable regulations insofar as the calculation of the suspension period is concerned.
The Panel understands FIS' desire to seek effectiveness in its sanctions. However, since such effectiveness must be sought while observing the regulations in force, the FIS would need to modify its regulations if it wished to have the right to distinguish certain categories of competitions and/or the two competition seasons when calculating a suspension period for certain categories of racers or all racers.
That said, such distinctions are not easy to make because they involve speculating on the relative effectiveness of a sanction for given individuals (this being illustrated by the precedents listed by FIS in relation to prior sanctions for inadvertent doping offences). Also, the goal of achieving effective sanctions must be appropriately balanced with the need for the FIS to decide upon and notify sanctions rapidly (in order to account for the competitors’ need for planning).
The Court of Arbitration for Sport decides on 30 September 2002 that:
1.) The appeal filed by Alain Baxter on 24 June 2002 is upheld.
2.)This decision made by the International Ski Federation (FIS), notified to the Appellant on 11 June 2002 is modified as follows:
The three-months suspension is fixed between 23 February and 30 April 2002 (Northern-Hemisphere competition season) and between 25 July and 18 August 2002 (Southern-Hemisphere competition season).
3.) (…)
