CAS anti-doping Division (OG PyeongChang) AD 18/003 International Olympic Committee (IOC) & World Curling Federation (WCF) v. Aleksandr Krushelnitckii, partial award of 22 February 2018
Related case:
CAS OG_AD_2018_03 WCF vs Aleksandr Krushelnitckii
December 3, 2018
- Curling
- Doping (meldonium)
- Jurisdiction of the CAS Anti-Doping Division
- Continuation of the proceedings
1. Pursuant to Rule 59.2.4 of the Olympic Charter, the IOC Executive Board has delegated to the CAS Anti-Doping Division (ADD) its power to decide upon any violation of the World Anti-Doping Code arising upon the occasion of the Olympic Games. Pursuant to Art. 8.1.1 of the IOC Anti-Doping Rules (ADR): “Where the IOC decides to assert an anti-doping rule violation, the IOC shall promptly file an application with the CAS Anti-Doping Division as per the CAS Anti-Doping Rules”. Article 1 of the CAS ADD Rules states that: “[t]he CAS ADD shall be the first-instance authority to conduct proceedings and to issue decisions when an alleged anti-doping rule violation has been asserted and referred to it under the IOC ADR, and for imposition of any sanctions therefrom whether applied at the Games or thereafter. Accordingly, the CAS ADD has jurisdiction to rule as a first-instance authority in place of the IOC and/or the International Federation concerned”.
2. After the anti-doping rule violation has been determined, the IOC is no longer a party to the procedure. The proceedings shall continue by and between the international federation concerned, who joined the proceedings as Co-Applicant, and the athlete, in regard to the consequences of the anti-doping rule violation which may be imposed on the athlete. The Sole Arbitrator, after consultation with the parties, shall determine the procedural directions applicable to the remaining part of the arbitration and shall issue, at the conclusion of the proceedings following the Olympic Games, a final award, all in accordance with Article 20 of the CAS ADD Rules.
Mr Aleksandr Krushelnitckii is a Russian Athlete competing in the Curling events at the 2018 PyeongChang Olympic Winter Games.
On 18 February 2018 the International Olympic Committee (IOC) reported an anti-doping rule violation against the Athlete after his A and B samples - provided on 12 and 13 February 2018 - tested positive for the prohibited susbstance Meldonium.
After notification the Athlete admitted the violation and requested to be heard for the CAS Anti-Doping Division Panel (CAS ADD). The World Curling Federation requested the Panel to order a provisional suspension beyond the period of the Games.
On 22 February 2018 the Athlete re-confirmed his admission of the violation, accepted a provisional suspension beyond the period of the Games, and reserved all rights accordingly to seek the elimination or reduction of any period of ineligibility based on “No Fault or Negligence” following the conclusion of the Games.
The CAS ADD accepted the parties' respective positions and cancelled the hearing.
The Athlete expressly accepts the adverse analytical findings against him and therefore the Sole Arbitrator confirms the Athlete committed an anti-doping rule violation and that he is provisionally suspended until such time a final decision is rendered on his violations, or otherwise informed.
Therefore the CAS ADD Panel decides on 22 February 2018 that:
a.) The Athlete is found to have committed an anti-doping rule violation in accordance with Article 2.1 of the IOC ADR.
b.) The individual results obtained by the Athlete in the Mixed Doubles Curling event at the Olympic Winter Games PyeongChang 2018 are disqualified with all resulting consequences including forfeiture of the medal, diploma, medallist pin, points and prizes.
c.) The results obtained by the team of the Olympic Athletes from Russia in the Mixed Doubles Curling event at the Olympic Winter Games PyeongChang 2018 are disqualified with all resulting consequences including forfeiture of the medal, diploma, medallist pin, points and prizes.
d.) The Athlete is excluded from the Olympic Winter Games PyeongChang 2018.
e.) To the extent not yet done so, the Athlete shall leave the Village and return his accreditation (number 3043371-01) immediately.
