World Rugby 2016 WR vs Alena Mikhltsova Bogacheva

In February 2016 World Rugby has reported an anti-doping rule violation against the Russian rugby player Alena Mikhltsova Bogacheva after her sample, provided on 3 February 2016, tested positive for the prohibited substance Meldonium (Mildronate) in a concentration of 20 ng/mL (0.02 μg/mL). After notification a provisional suspension was ordered. The athlete filed a statement in her defence and she was heard for the World Rugby Judicial Committee.

The Athlete admitted the violation and stated that she had used the substance as prescribed medication. Due to Meldonium would be included in the 2016 Prohibited List she stopped using this medication in October 2015.

On 11 April 2016 the World Anti-Doping Agency (WADA) issued a Notice about Meldonium with guidelines in the circumstances that there may be grounds for no fault or negligence on the part of the Athlete.

The Judicial Committee accepts the Athlete’s explanation and finds that the Athlete established on a balance of probability that the anti-doping violation was neither intentional or reckless. Due to the Athlete ceased taking Meldonium in October 2015, it is seriously questionable whether she could have reasonably apprehended there would be minute quantities of the substance in his system after 1 January 2016 and there was a significant risk it might constitute an anti-doping rule violation.

The Committee determine that there was No Fault or Negligence on the Athlete’s part and that the Athlete’s case came within paragraph number 3 of the WADA Notice (Cases where the concentration is below 1 μg/ml and the test was taken before 1 March 2016). As a result the Judicial Committee concludes that there are grounds to reduce the period of ineligibility from 4 to 2 years and also to eliminate this 2 year period of ineligibility.

Therefore the World Rugby Judicial Committee decides on 3 May 2016, and in its final decision of 3 June 2016, that with the elimination of the 2 year period of inelibilibility the Athlete was permitted to resume playing Rugby immediately.

Original document

Parameters

Legal Source
Decisions International Federations
Date
1 June 2016
Arbitrator
Gerrard, David
Gresson, Tim
Thomson, Philip
Original Source
World Rugby
Country
Russian Federation
Language
English
ADRV
Adverse Analytical Finding / presence
Legal Terms
No Fault or Negligence
No intention to cheat
No intention to enhance performance
WADA Code, Guidelines, Protocols, Rules & Regulations
WADA Prohibited List International Standard
Sport/IFs
Rugby (WR) - World Rugby
Other organisations
World Anti-Doping Agency (WADA)
Laboratories
Lausanne, Switzerland: Laboratoire Suisse d’Analyse du Dopage
Analytical aspects
Half-life / excretion time of substance
Threshold for exogenous substances
Doping classes
S4. Hormone And Metabolic Modulators
Substances
Meldonium
Medical terms
Legitimate Medical Treatment
Document type
Pdf file
Date generated
13 September 2017
Date of last modification
29 April 2020
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