CAS 2008/A/1490 World Anti-Doping Agency (WADA) v. United States Anti-Doping Agency (USADA) & Eric Thompson
- Athletics (high jump)
- Doping (cocaine)
- Reduction of the period of ineligibility
- Factors to consider when reducing the sanction
1. In determining whether a period of ineligibility may be reduced pursuant to Rule 40.3 of the IAAF Rules, the adjudicating body must determine whether exceptional circumstances exist which, when viewed in the totality of the circumstances of the specific case, demonstrate that the athlete’s fault or negligence is not significant. When the athlete has established how the prohibited substance entered his system, the threshold for consideration of a reduction of the period of suspension pursuant to IAAF Rule 40.3 is met.
2. It is a series of factors all of which taken together in the factual context which gives rise to the exceptional nature of a case and justifies the reduction of the athlete’s period of ineligibility. Among those factors are the athlete’s complete lack of experience in doping matters and as a national or international athlete the lack of guidance and support from his coaches or others; the lack of intention to influence or enhance his/her performance at the relevant time; and his/her relatively young age.
Mr. Eric Thompson is a track and field Athlete and at the time student at the University of Arkansas.
USADA has reported an anti doping rule violation against Respondent after his samples tested positive for the prohibited substance cocaine. After notification the Athlete accepted a provisional suspension and he was heard for the North American Court of Arbitration for Sport (NACAS).
The Athlete acknowledged he had used a small amount of cocaine at a school party two days before the competition and he had no intention to enhance sports performance. The result of the doping test confirmed the Athlete’s statement.
Considering the circumstances in this case the North American Court of Arbitration for Sport Panel decides on 31 January 2008 to impose a 1 year period of ineligibility on the Athlete.
Hereafter in February 2008 the World Anti-Doping Agency (WADA) appealed the NACAS decision with the Court of Arbitration for Sport (CAS). WADA requested the Panel to set aside the NACAS decision and to sanction the Athlete with a 2 year period of ineligibility.
The CAS Panel concludes that exceptional circumstances permit a reduction of the otherwise applicable period of ineligibility of two years. However the CAS Panel arrive at the same conclusion for somewhat different and more comprehensive reasons that those of the NACAS Arbitrator.
Therefore the Court of Arbitration for Sport decides on 25 June 2008:
1.) The appeal filed by WADA on 20 February 2008 is dismissed.
2.) This Award is pronounced without costs, except for the Court Office fee of CHF 500 paid by WADA, which is to be retained by the CAS.
3.) Each party shall bear its own costs.
