CAS 2012/A/2859 Alexander Ruoff v. Vlaams Basketballiga v.z.w. (VBL), award of 12 September 2012 (operative part of 24 August 2012)
- Basketball
- Doping (4-Methyl-2-Hexanamine)
- Starting date of the period of ineligibility
- Substantial delay in the disciplinary proceedings
1. To asses specifically if there are substantial delays not attributable to the player, the judging body has to take into account the following circumstances:
(i) the total duration of the disciplinary proceedings, starting from the date of sample collection till the date of notification of the decision by the disciplinary authorities;
(ii) the lapse of time of each separate phase of the disciplinary proceedings;
(iii) the complexity of the case, including the scope of the investigations;
(iv) the way in which the competent authorities have dealt with the case, including the extent to which the competent authorities did proceed expeditiously and
(v) the influence of the player on the course of the proceedings.
2. In general, a total duration of eight months in disciplinary proceedings with regard to an anti-doping violation does not constitute a substantial delay by itself. However, established multiple delays in separate phases of the judging process, such as the stay of the proceedings and the fact that the competent authorities could have proceeded in a more expeditious manner, whereas the case was not complex and the player
In October 2011 the Flanders Basketball Federation (VBL) has reported an anti-doping rule violation after the Athlete's sample tested positive for the prohibited substance Methylhexaneamine (dimethylpentylamine).
As a result on 27 June 2012 the Disciplinaire Commissie voor Elitesporters (DCE) decided to impose a 6 month period of ineligibility on the Athlete starting on the date of the decision.
Here the DCE considered that there have been no substantial delays in the disciplinary proceedings or other aspects of the doping control and previously no provisional suspension was imposed on the Athlete.
Hereafter in July 2012 the Athlete appealed the DCE decision of 27 June 2012 with the Court of Arbitration for Sport (CAS).
The Athlete did not contest the anti-doping violation or the duration of the imposed sanction. He argued that there were substantial delays in the hearing process or other aspects of doping control not attributeable to the Athlete and that the DCE failed to bring forward the commencement of the period of ineligibility under the Rules.
The Sole Arbitrator observes that in general a total duration of 8 months in disciplinary proceedings with regard to an anti-doping violation does not constitute a substantial delay by itself.
However, the Sole Arbitrator is of the opinion that there are multiple delays in separate phases of the proceedings, which constitute the substantiality of the delay.
Accordingly, the Sole Arbitrator holds that, in view of all the circumstances of the case, the 6 months period of suspension must start on 26 April 2012, which is the date of the first assigned hearing in the VBL Internal proceedings.
Therefore the Court of Arbitration for Sport decides on 12 September 2012 that:
1.) The appeal filed by Mr Alexander Ruoff on 12 July 2012 against the decision of the “Disciplinaire Commissie voor Elitesporters” dated 28 June 2012 is partially upheld.
2.) The decision of the “Disciplinaire Commissie voor Elitesporters” of the “Vlaams Doping Tribunaal” dated 28 June 2012 is set aside only with respect to the starting point of the period of ineligibility imposed on Mr Alexander Ruoff.
3.) The six-month period of ineligibility imposed on Mr Alexander Ruoff shall start on 26 April 2012.
(…)
6.) All other and further claims or prayers for relief are dismissed.
