IAAF 2018 IAAF vs Kabange Mupopo

In August 2017 the International Association of Athletics Federations (IAAF) has reported an anti-doping rule violation against the Zambian Athlete Kabange Mupopo after her A and B samples tested positive for the prohibited substance Testosterone.

After notification a provisional suspension was ordered. The Athlete filed several statements in her defence and she failed to be heard for the Disciplinary Tribunal.

In her submissions the Athlete denied the use of synthetic testosterone. She explained that because she has hyperandrogenism, she has abnormally high levels of Endogenous Testosterone, equivalent to those of a young male.

The Athlete argued that testosterone is not available in Zambia and that she cannot explain how the testosterone entered her system. Alternatively, she argued that there are variety of ways in which the Exogenous Testosterone might have been transferred in her body including food, spiked drinks and coming into contact with someone who uses testosterone gels.

The Athlete disputed the reliability of the laboratory analysis and questioned why, when she was tested four times at the London event, only one of the four samples collected was uploaded as a positive in ADAMS. She claimed that the IAAF has not acted honestly throughout the matter and contends that she has been systematically harassed, penalized and ostracized by Doping Control Officers because of her condition and physical appearance.

The IAAF contended that Exogenous Testostone was detected in the Athlete’s samples and that the test results were valid and in accordance with the relevant Rules and Standards. The IAAF rejected the unsubstantiated explanations of the Athlete regarding her hyperandrogenism and the possibility on contamination by supplements or dermal contact with an person using testosterone gels.

Based on the evidence the Panel establishes that all laboratory procedures, analyses and their reported findings are valid without deviation from any International Standard. The Panel finds that the presence of Exogenous Testosterone in her samples was not caused by her hyperandrogenism.

Here the Panel deems that the Athlete offered mere speculation and provided no credible or reliable evidence that can explain the presence of Exogenous Testosterone in her samples. The Panel concludes that the Athlete has committed an anti-doping rule violation and that she failed to establish that the violation was not intentional.

Therefore the Disciplinary Panel decides on 31 July 2018 to impose a 4 year period of ineligibility on the Athlete starting on the date of the provisional suspension, i.e. on 12 August 2017.

Original document

Parameters

Legal Source
Decisions International Federations
Date
31 July 2018
Arbitrator
Soublière, Janie
Original Source
International Association of Athletics Federations (IAAF)
World Athletics (WA)
Country
Zambia
Language
English
ADRV
Adverse Analytical Finding / presence
Legal Terms
Burdens and standards of proof
Case law / jurisprudence
International Standard for Laboratories (ISL)
Sole Arbitrator
WADA Code, Guidelines, Protocols, Rules & Regulations
Sport/IFs
Athletics (WA) - World Athletics
Laboratories
Ghent, Belgium: DoCoLab Universiteit Gent-UGent
Lausanne, Switzerland: Laboratoire Suisse d’Analyse du Dopage
Analytical aspects
B sample analysis
Mass spectrometry analysis
Reliability of the testing method / testing result
Doping classes
S1. Anabolic Agents
Substances
Testosterone
Medical terms
Endogenous production
Hyperandrogenism
Various
ADAMS
Athlete Biological Passport (ABP)
Document type
Pdf file
Date generated
27 November 2018
Date of last modification
13 March 2023
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