IAAF 2018 IAAF vs Jemimah Jelagat Sumgong

Related case:
ADAK 2017 ADAK vs Jemimah Jelagat Sumgong
October 31, 2017

On 31 October 2017 the Judiciary Office of the Kenya Sports Disputes Tribunal decided to impose a 4 year period of ineligibility on the Athlete Jemimah Jelagat Sumgong after she tested positive for the prohibited substance recombinant human erythropoietin (rhEPO).

Here the Kenyan Tribunal deemed that the Athlete failed to demonstrate that her violation was not intentional and failed to explain how the substance entered her system. Also the Panel considered that the Athlete attempted to deceive the Panel about her alleged medical treatment she underwent in the Kenyatta National Hospital.

In this matter the Kenyatta National Hospital reported in June 2017 that the medical records provided by the Athlete were not authentic and that the Athlete did not undergo medical treatment in the Hospital in February for a gynaecological emergency as an ectopic pregnancy. There was no record that EPO was administered to the Ahtlete and EPO as medication was not the standard practice as treatment in the Hospital for ectopic pregnancies.

The Hospital stated that the Athlete only visited the Hospital in April 2017 for a second opinion consultation regarding the treatment of ectopic pregnancy and surgery she underwent in 2009.
In addition the IAAF Athletics Integrity Unit (AIU) established that the Athlete’s whereabouts information contradicted the Athlete’s statements.

Consequently in 2018 the IAAF Athletics Integrity Unit (AIU) reported a second anti-doping rule violation against the International-Level Athlete for tampering with any part of doping control through submitting false medical documents to the Anti-Doping Agency of Kenya (ADAK) and to the Kenya Sports Disputes Tribunal.

The Athlete disputed the statement of the Hospital and argued that the AIU failed to prove to the necessary high standard that either the Hospital statement or her explanation were false. Later during the proceedings the Athlete failed to respond to the communications of the AIU and the IAAF Disciplinary Tribunal.

Considering the evidence in this case the Arbitrator holds that there is compelling evidence demonstrating that the Athlete submitted false medical evidence. The Arbitrator is comfortably satisfied to conclude that the Athlete committed a second anti-doping rule violation for tampering.

Therefore the IAAF Disciplinary Tribunal decides on 17 January 2019 to impose an 8 year period of ineligibility on the Athlete starting on the date of the decision.

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Type:
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Parameters:

Legal
Decisions International Federations
Date:
17 January 2019
Arbitrator
Beloff, Michael J.
Source
International Association of Athletics Federations (IAAF)
Country
Kenya
Language
English
ADRV
Tampering / attempted tampering
Legal Terms
Aggravating circumstances
Case law / jurisprudence
Circumstantial evidence
Fair trial
Second violation
Sole Arbitrator
Sport/IFs
Athletics (IAAF) - International Association of Athletics Federations
Other organisations
Anti-Doping Agency of Kenya (ADAK)
Laboratories
Lausanne, Switzerland: Laboratoire Suisse d’Analyse du Dopage
Doping classes
S2. Peptide Hormones, Growth Factors
Substances
Erythropoietin (EPO)
Medical terms
Treatment
Various
Falsification / fraud
Lying / false statement
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pdf
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  • Doping classes
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