CAS 2014/A/3820 World Anti-Doping Agency (WADA) v. Damar Robinson & Jamaica Anti-Doping Comission (JADCO)
Athletics (high jump)
Doping (Selective Androgen Receptor Modulator [SARM S-22])
Condition for a reduction or elimination of the sanction
No Fault or Negligence
No Significant Fault or Negligence
Substantial assistance
Credit for the period of provisional suspension
1. In order for a reduction or elimination of the otherwise applicable 2 years period of ineligibility to apply, an athlete must first establish the origin of the prohibited substance on the balance of probabilities. The failure to demonstrate the origin of the substance excludes the reduction of the sanction. If the athlete establish the source of the prohibited substance, then he must establish that he bore No Fault or Negligence or No Significant Fault or Negligence by a balance of probability.
2. The speculative allegation of sabotage of an athlete’s drink by his own coach is precisely an example where No Fault or Negligence does not apply. In this respect, even assuming that a substance described as a vitamin complex provided by the athlete’s coach was the source of the prohibited substance in the athlete’s sample, the athlete has not met his burden of establishing that he acted with No Fault or Negligence in ingesting that substance.
3. An athlete who was aware that another individual had placed an unknown substance in his drink, and who voluntarily chose to ingest that substance must bear the consequences arising from his failure to exercise the required duty of care. The fact not to have yet reached the age of nineteen and to still be in high school when the anti-doping rule violation occurred, cannot be the basis for finding that the athlete did not act with significant fault or negligence. The fact to be an elite athlete competing in national competitions and to be fully aware of his anti-doping responsibilities are relevant in this respect.
4. Pursuant to CAS jurisprudence, even where an athlete provides an anti-doping organization with “as much assistance as he reasonably could under the circumstances”, substantial assistance is not established where that assistance does not lead to the discovery or the establishing of any anti-doping rule violation by any person.
5. An athlete shall only be given credit for the period of the provisional suspension insofar as that provisional suspension was actually “respected” by the athlete. Participation in competition organized by a “national level event organization” is a failure to respect the provisional suspension. An athlete’s obligation to respect a provisional suspension in order to receive credit for that period of ineligibility applies to the provisional suspension as a whole and not merely to a portion of it.
On 14 April 2014 the Disciplinary Panel of the Jamaica Anti-Doping Commission (JADCO) decided to impose a 1 year period of ineligibility on the Athlete Damar Robinson after his A and B samples tested positive for the prohibited substance selective androgen receptor modulators (SARM’s).
The Athlete appealed the JADCO Disciplinary Panel decision with the Jamaica Anti-Doping Appeals Tribunal and argued that the JADCO Disciplinary Panel failed to consider his substantial assistance about the role played by the his coach in administering substances that he believed caused his positive test and that the he bears no fault or negiligence under the Rules. On 21 September 2014 the Appeals Tribunal dismissed the Athlete’s appeal and upheld the imposed 1 year period of ineligibility on the Athlete.
Hereafter in November 2014 WADA appealed the Jamaica Anti-Doping Appeals Tribunal decision of 21 September 2014 with the Court of Aribtration for Sport (CAS). WADA requested the Panel to impose a 2 year period of ineligibility on the Athlete for his anti-doping rule violation and argued that the Athlete failed to establish any link between any specific product (whether given to him by his coach or ontherwise) and the prohibited substance in his system.
The Panel finds that the Athlete has not met his burden to establish, by a balance of probability, how the SARM S-22 entered his system. The Panel concludes that, even if he had met this burden, the Athlete has not established that he bore No Fault or Negligence or No Significant Fault or Negligence. Also the Panel holds that the Athlete has not met his burden to establish that he provided JADCO with Substantial Assistance as defined by the JADCO Anti-Doping Rules.
Therefore the Court of Arbitration for Sport decides 14 July 2015 that:
1.) The decision rendered by the Jamaica Anti-Doping Appeals Tribunal dated September 21, 2014 is set aside.
2.) Mr. Damar Robinson is declared ineligible to compete for a period of two years, which shall commence on the date of the issuance of this Award.
3.) Any results obtained by Mr. Damar Robinson in events sanctioned, organized or authorized by organizations bound by the WADA Code from June 16, 2013 until the date of this Award are disqualified.
4.) (…).
5.) (…).
