CAS 2009/A/1871 UCI v/ Rudolf Keller, Swiss Cycling and Swiss Olympic
In September 2008 the International Cycling Union (UCI) reported an anti-doping rule violation against the Swiss cyclist Rudolf Keller. The UCI alleged that the Athlete failed to appear for sample collection at the doping control station at the UCI Road Masters World Championship in St, Johann Austria, on 31 August 2008.
However on 17 February 2009 the Disciplinary Commission of Swiss Olympic decided to acquit the Athlete. In first instance the Disciplinary Commission deemed that the announcement op the doping control at the race was not properly organized whereas the Athlete could not be seriously criticized for failing to take sufficient meaure to find out he should appear for a doping control.
Hereafter in June 2009 the UCI appealed the Decision of Swiss Olympic with the Court of Arbitration for Sport (CAS). The UCI requested the Panel to set aside the Appealed Decision and to impose a 2 year period of ineligibility on the Athlete.
The UCI refuted the arguments in the Appealed Decision and contended that the Athlete failed to submit to sample collection without compelling justification.
The Panel assessed and adressed the following issues raised by the Parties:
- valid notification;
- presence of a chaperone;
- conflicting statements;
- inadequate organization fo the announcement of the doping control;
- UCI failure to provide evidence;
- ranking; and
- Anti-Doping Switzerland.
The Panel concludes that there are no mitigating or otherwise
exceptional circumstances that could justify a deviation from the UCI sanction provisions in the ADR. Accordingly, the period of ineligibilily for failing to submit sample collection for a first violation shall be 2 years of ineligibility.
Therefore the Court of Arbitration for Sport decides on 18 August 2010 that:
1.) The appeal filed by the UCI on 10 June 2009 is upheld.
2.) The decision of 17 February 2009 from the disciplinary commission for doping cases of Swiss Olympic is set aside.
3.) Mr. Rudolf Keller is sanctioned with a 2 years period of ineligibility starting on the day, on which this award enters into force.
4.) Mr, Rudolf Keller is disqualified from the 2008 UCI Road Masters World Championship.
5.) This award is pronounced without costs, except for the Court Office fee of CHF 500.- (five hundred Swiss francs) already paid by the Appellant and which is retained by the CAS.
6.) Each party shall otherwise bear its own legal costs and all other expenses incurred with this arbitration.
7.) All other motions or prayers for relief are dismissed.
