TAS 2000/A/272 UCI v/ Outchakov
CAS 2000/A/272 UCI vs Outchakov
In September 1999 the International Cycling Union (UCI) has reported an anti-doping rule violation against the Ukrainian cyclist Sergiy Oukchakov after his A and B samples tested positive for the prohibited substances Human chorionic gonadotrophin (hCG) and Testosterone with at a T/E ratio above the UCI threshold.
The UCI notified the Cycling Federation of Ukraine (FVSU) about the Athlete’s violation but the FVSU deemed in November 1999 that there was no doping and the Athlete was not subject to sanction. After deliberations between the UCI and the FVSU about implementing disciplinary proceedings the FVSU decided on 22 March 2000 to acquit the Athlete.
Hereafter in April 2000 the UCI appealed the FVSU decision with the Court of Arbitration for Sport (CAS). The UCI requested the Panel to set aside the FVSU decision of 22 March 2000 and to sanction the Athlete.
The FVSU requested the Panel to dismiss the UCI appeal and argued that in this case decisions were already rendered in November and December 1999. Here the UCI failed to appeal these decisions within the time limit and there were more delays attributed to the UCI.
Further the FVSU contended that the Athlete only had used homeopathic products, and not pharmaceutical. These products were not prohibited and when ingested could have produced an increased hCG reading and a positive test.
The Panel deems that a FVSU decision was made on or about 22 March 2000 which was appealed by the UCI within the time limit. The Panel establish that there was the admission of the positive test and that an anti-doping rule has been committed. The Panel concludes that the Athlete failed to explain the concentration levels of hCG found in his system nor did he explain with evidence how and when he had used the homeopathic products.
The Panel also considers that the UCI could have responded in a more timely fashion, particularly between 23 December and 6 March and may have resolved this dispute earlier if it had been more specific between November 1999 and March 2000 on exactly what the FVSU was required to do.
Therefore the Court of Arbitration for Sport decides on 30 August 2000 and directs as follows:
1.) That the appeal of the Union Cycliste Intemationale (UCI), the Appellant, against the decision of the Ukrainian Cycling Federation (UCF), the Respondent, is granted and therefore the decision of UCF dated 22nd March, 2000 is hereby cancelled.
2.) That Mr. Outchakov is found guilty of a doping offence under UCI Regulations.
3.) That Mr. Outchakov is hereby disqualified from the "Vuelta a Espana 1999".
4.) That Mr. Outchakov is suspended under the UCI Regulations with effect from the 22nd March 2000 for a period of six (6) months ending on the 22nd September 2000 with the consequence that all results and points are cancelled and other penalties or sanctions, if any, under the aforesaid Regulations shall apply during this period.
5.) That Mr. Outchakov shall pay a fine under the UCI Regulations of CHF 4'000.--.
6.) That Mr. Outchakov shall pay the UCI costs of this appeal limited to the amount of CHF 3'000.-- inclusive of the UCI Court Office fee of CHF 500.--.
7.) That all financial amounts referred to above shall be payable within seven (7) days of the date of this award and any sums paid later shall attract interest at the rate of 6% per annum calculated on a daily basis.
