CAS 2014/A/3651 Agnieszka Gortel-Maciuk v. The International Association of Athletics Federations & The Polish Association of Athletics
In November 2013 the International Association of Athletics Federations (IAAF) reported an anti-doping rule violation against the Polish Athlete Agnieszka Gortel-Maciuk after her sample tested positive for the prohibited substances DHEA (Prasterone).
After notification the Athlete admitted the violation and explained that she suffered from hypothyroidism and used prescribed medication DHEA (Prasterone) as treatment. She mentioned her medication on the Doping Control Form and admitted she didn’t apply for a TUE.
The Committee for Awards, Discipline and Counteracting of the Polish Association of Athletics (PZLA) accepted the Athlete’s explanation and decided on 18 December 2013 to impose a reprimand on the Athlete.
After deliberations with the IAAF about the imposed sanction the PZLA Committee resumed in February 2014 the disciplinary proceedings and recognized it had applied an erroneous procedure. It suspended its decision of 18 December and referred the case to the IAAF Doping Review Board.
After the IAAF Doping Review Board had concluded that the Athlete did not establish exceptional circumstances the PZLA Committee decided on 26 May 2014 to impose a 2 year period of ineligibility on the Athlete.
Hereafter in July 2014 the Athlete appealed the decisions imposed by the PZLA with the Court of Arbitration for Sport (CAS).
The Athlete requested the Panel for a reduced sanction due to the grounds for exceptional circumstances under IAAF Rules. She argued that the failures in the disciplinary proceedings against her were a violation of her rights.
The Panel notes that the Athlete raises serious concerns as to the compliance of the procedure applied by the IAAF and PZLA with an international human rights treaty and an international convention or agreement, in particular Article 6.1 ECHR, and the WADC, in particular Article 8 WADC. The concerns relate to two different stages of the procedure: (a) the establishment of the anti-doping-rule violation and (b) the imposition of a sanction.
Following assessment the Panel does not see any circumstances which amount to a procedural error that cannot be cured through the course of the proceedings before CAS. The Panel holds that the procedural errors had no influence on the establishment of an anti-doping-rule violation and, thus, can be cured by the de novo power of the Panel.
The Panel also finds that the Appellant showed a complete ignorance of even the most basic anti-doping obligations of an athlete, and she undertook no affirmative measure's to protect herself. The Panel views the Athlete’s actions in this regard as grossly negligent or even reckless. Nevertheless the Athlete is not a cheater and showed no intention to violate any rules.
Therefore the Court of Arbitration for Sport decides on 28 January 2015 that:
1.) The appeal filed on 4 July 2014 by Ms Agnieszka Gortel-Maciuk against the decision of the PZLA Committee for Awards, Discipline and Counteracting Doping of 3 December 2013, the IAAF's Doping Review Board's determination of 12 May 2014, and the decision of the PZLA Committee for Awards, Discipline and Counteracting Doping of 13 June 2014 is dismissed.
2.) The decision of the PZLA Committee for Awards, Discipline and Counteracting Doping of 13 June 2014, imposing a two-year period of ineligibility on the Appellant, commencing on 13 October 2013, is confirmed.
3.) The present arbitration procedure shall be free, except for the CAS Court Office fee of CHF l ,000 (one thousand Swiss francs), which has already been paid by the Appellant and which is retained by the CAS.
4.) Each party shall bear her/its own costs incurred in connection with these arbitral proceedings.
5.) All other motions or prayers for relief are dismissed.
