CAS A9/98 Australian Olympic Committee (AOC) vs. Sarah Rockell
In May 1998 the Australian Olympic Committee (AOC) has reported an anti-doping rule violation against the minor cyclist (14) Sarah Rockell after her A and B samples tested positive for the prohibited substance pseudoephedrine in a concentration above the threshold. After notification the Athlete filed a statement in her defence and she was heard for the Court of Arbitration (CAS) Oceania Division.
The Athlete accepted the test results and denied the intentional use of the substance. She explained that she suffered from exercise induced asthma and that she used Demazin recommended by the family doctor. Also when the minor Athlete was selected for Doping Control her father as her coach was not notified while he was on site and could have been notified at any time.
She and her father testified that at the time of the test Demazin was used and that they were not aware that Demazin was prohibited. They had never received the banned substance list from the Australian Sports Drug Agency (ASDA) or from their Cycling Federations, nor did they receive any anti-doping advice.
The Sole Arbitrator accepts the Athlete’s explanation and establish that extenuating circumstances exist for a reduced sanction. The Arbitrator concludes that the Athlete clearly didn’t know that she had used a prohibited substance and that she acted reasonably in all the circumstances.
Further the Arbitrator establish that the Doping Control was not conducted in accordance with the Rules as the minor Athlete’s father was not notified about the sample collection while on site.
Considering the circumstances in this case the Arbitrator decides on 22 December 1998 that the Athlete should not be sanctioned for the reported anti-doping rule violation.
In addition recommendations were made to sporting organisations to ensure that they have anti-doping policies and anti-doping education programmes provided to athletes.
