CAS 2015/A/4285 World Anti-Doping Agency (WADA) v. Russian Anti-Doping Agency (RUSADA) & Serguei Prokopiev
Beach volleyball
Doping (dehydrochloromethyl-testosterone)
Consent award
In cases of appeals against the sanctions initially imposed by the competent anti-doping organisation, if all parties agree that the initially imposed sanctions have been incorrect, the panel may impose the sanctions agreed upon by all parties concerned, provided those sanctions comply with the applicable anti-doping rules.
In May 2015 the Russian Anti-Doping Agency (RUSADA) has reported an anti-doping rule violation against the Athlete Serguei Prokopiev after his sample tested positive for the prohibited substance dehydrochloromethyltestosterone (Turinabol).
The Athlete explained that he had used Turinabol provided by a friend to recover from a knee injury that he suffered.
On 17 August 2015 the Disciplinary Anti-Doping Committee of RUSADA decided to impose a 2 year period of ineligibility on the Athlete.
Hereafter in November 2015 the World Anti-Doping Agency (WADA) appealed the RUSADA decision with the Court of Arbitration for Sport (CAS).
WADA requested the Panel to set aside the RUSADA decision of 17 August 2015 and to impose a 4 year period of ineligibility on the Athlete for the intentionally committed anti-doping rule violation.
RUSADA contended that the Athlete could prove that the violaton was not intentially committed as justification for the imposed sanction under the Rules.
In January 2016 the parties agreed that a 4 year period of ineligibility shall be imposed on the Athlete.
The Sole Arbitrator finds no legal or factual basis to reject the Athlete’s concession of liability of an anti-doping rule violation and a four-year period of ineligibility. Moreover, the Sole Arbitrator finds no reason to reject the parties’ agreement to memorialize such concession to this anti-doping rule violation and period of ineligibility in an award. The proposed four-year period of ineligibility complies with the sanctioning regime of both the World Anti-Doping Code (“WADC”) and the RUSADA ADR.
Therefore the Court of Arbitration for Sport decides on 26 February 2016 that:
1.) The appeal filed by the World Anti-Doping Agency against the Russian Anti-Doping Agency and Mr. Serguei Prokopiev with respect to the decision rendered by the Disciplinary Anti-Doping Committee of RUSADA dated 17 August 2015 is upheld.
2.) The decision of the Disciplinary Anti-Doping Committee of RUSADA dated 17 August 2015 is set aside. Mr. Serguei Prokopiev is sanctioned with a four-year period of ineligibility from the date of this Award, with credit given for any period of ineligibility already served.
3.) All competitive results obtained by Mr. Serguei Prokopiev from 24 May 2015 through the commencement of the applicable period of ineligibility shall be disqualified with all resulting consequences, including the forfeiture of any medals, points, and prizes.
(…)
6.) All other motions or prayers for relief are dismissed.
