TAS 2002/A/363 Pastorello c./USADA
Related case:
AAA 2001 No. 31 190 00164 01 USADA vs Joseph Pastorello
Janaury 15, 2002
In March 2001 the United States Anti-Doping Agency (USADA) has reported an anti-doping rule violation against the Athlete after his A and B samples tested positive for the prohibited substances 19-norandrosterone and 19-noretiocholanolone (Nandrolone) due to a supplement he had used.
Consequently on 21 December the American Arbitration Association Panel decided to impose a 18 month period of ineligibility on the Athlete.
Hereafter in February 2002 the Athlete appealed the AAA decision with the Court of Arbitration for Sports (CAS). The Athlete requested the Panel to set aside the Appealed Decision and to impose a reduced sanction.
The Athlete denied the intentional use of the substance, nor that he acted negligently and therefore had not breached the AIBA Doping Regulations. He asserted that a contaminated supplement was the source of the positiv test.
The Panel finds that the presence of prohibited substance has been established in the Athlete's samples and accordingly that he committed an anti-doping rule violation.
Following assessment of the case the Panel has considerable misgivings about the AAA's reduction of the sanction below the mandatory minimum, as well as about the condition imposed as a purported justification for that reduction and the jurisdictïon to impose such a condition. The Panel concludes, with considerable reluctance, that, on this occasion, it should not interfere with the AAA's decision.
Therefore the Court of Arbitration for Sport decides on 27 June 2002:
1.) The appeal fïled by Joseph Pastorello on the 7 February 2002 is dismissed.
2.) The decision of the AAA Panel dated the 18 January 2002 is affirmed.
3.) The award is pronounced without costs, except for the court office fee of CHF 500- (five hundted Swiss, Francs) paid by the Appellant, which is retainted by the CAS.
4.) Each party shall bear its own costs.
