CAS 2015/A/3979 International Association of Athletics Federations (IAAF) v. Athletics Kenya & Rita Jeptoo
Related case:
CAS 2015_O_4128 IAAF vs Rita Jeptoo
October 26, 2016
In October 2014 Athletics Kenya reported an anti-doping rule violation against the Kenyan Athlete after her A and B samples tested positive for the prohibited substancerecombinant human erythropoietin (rhEPO).
On 30 January 2015 Athletics Kenya decided to impose a 2 year period of ineligibility on the Athlete without aggravating circumstances.
Hereafter in March 2015 both the IAAF and the Athlete appealed the decision of Athletics Kenya with the Court of Arbitration for Sport. In June 2015 the Athlete withdrew her appeal CAS 2015/A/3978.
The IAAF requested the Panel to impose a 4 year period of ineligibility due to aggravating circumstances. The IAAF argued that the Athlete did not only used rhEPO in September 2014 but her ABP shows that she used rhEPO (or similar) earlier in 2014.
Also the IAAF asserted that the Athlete was involved in a ‘doping plan or scheme’ in conjunction with a local doctor Kalya with evidence that such cheating is widespread in Kenya. In addition in another CAS case (CAS 2015/O/4128) against the Athlete the IAAF requested the Panel to sanction the Athlete for Attempted Tampering.
In July 2015, the IAAF and the Athlete in both cases (CAS 2015/A/3979 & CAS 2015/O/4228) were informed that the Panel in this procedure would also preside over the ordinary procedure. Accordingly, both procedures would be handled simultaneously for purposes of judicial economy.
The Panel finds it undisputed that the Athlete tested positive for rhEPO in September 2014 and that the substance was injected by Dr Kalya. Disputed between the parties is whether the athlete knew that rhEPO was injected into her system, i.e. whether the athlete acted intentionally.
The Panel is comfortably satisfied that the Athlete acted intentionally because she mentioned a couple of times that injections were given to her by Dr Kalya and she changed her story at least twice. The Athlete’s competition schedule sustains the intentional use of rhEPO and there were desperate attempts to hide that there was already contact for a considerable time between the Athlete and Dr Kalya.
The Panel is also comfortably satisfied that the Athlete intentionally used rhEPO multiple and repeated times before September 2014 based on the Athlete’s ABP. The Panel finds that there are various aggravating factors in the case at hand, that the Athlete drew significant sportive and financial benefit from her illicit behaviour, and that the damage inflicted on her competitors was considerable.
Therefore the Court of Arbitration for Sport decides on 26 October 2016 that:
1.) The appeal filed by the IAAF on 13 March 2015 is upheld.
2.) The Decision issued by Athletics Kenya on 27 January 2015 (with reasons on 30 January 2015) is set aside.
3.) Ms Rita Jeptoo is sanctioned with a period of ineligibility of 4 years starting as from 30 October 2014.
4.) The results of Ms Jeptoo in the 2014 Boston marathon and all other results from 17 April 2014 (including the 2014 Chicago marathon) are disqualified pursuant to IAAF Rule 40.8, with all resulting consequences, including the forfeiture of the title, medal, prize money, and any appearance money.
5.) The costs of these proceedings, which shall be specified and communicated separately by the CAS Court Office, shall be borne by the Ms Rita Jeptoo.
6.) Ms Rita Jeptoo is ordered to pay CHF 15,000 as a contribution to IAAF's legal fees and expenses.
7.) All other motions or prayers for relief are dismissed.
