CAS 2005/A/967 Alexis Chardenoux v/IWGA
In July 2005 the International World Games Association (IWGA) reported an anti-doping rule violation against the French dancer Alexis Chardenoux after his sample tested positive for the prohibited substance Finasteride.
Consequently the IWGA decides on 15 August 2005 to impose a period of ineligibility of the 2005 World Games and for disqualification of his results.
Although the Athlete had not a valid TUE for his medication he applied for a TUE 5 days before the competition which was denied thereupon by the International Dance Sport Federation (IDSF) in July 2005. The IDSF only approved the use of a medication for another condition he suffered.
Hereafter in September 2005 the Athlete appealed the IWGA decision with the Court of Arbitration for Sport (CAS). The Athlete requested the Panel to annul the Appealed Decision and to annul the imposed sanction.
The Panel finds that the presence of a prohibited substance had been established in the Athlete's sample. Accordingly the Panel rules that the Athlete committed an anti-doping rule violation which automatically leads to disqualification of the individual result obtained in the competition.
Following assessment of the IWGA Rules the Panel establishes poor drafting in the sub-sections under article 10. Here the IWGA acknowledged that an error in drafting the Rules had occurred. The Panel orders that the IWGA needs to apply further refinement of its Rules.
The Panel confirmes the Ineligibility imposed on the Athlete by the IWGA. However for purposes of clarity the Panel defines the temporal scope of the sanction in harmony with the applicable provisions of the IWGA Rules.
In view of the Athlete's conduct the Panel concludes that he acted negligently regarding his TUE application and his participation into the competition without a valid TUE. Further the Panel holds that the IDSF Anti-Doping Director also bears a degree of fault regarding the Athlete's TUE application.
Therefore the Court of Arbitration for Sport decides on 5 April 2006:
1.) The Appellant's motion on appeal to set aside the decision of the IWGA Anti-Doping Panel Chamber of 15 August is dismissed.
2.) The decision of the IWGA Anti-Doping Panel Chamber of 15 August 2005 is to be supplemented in Pt. 1 and Pt. 2 with the following clarifying language:
"1. The Athlete is declared ineligible for Rock' n' Roll competition for the entire term of the 2005 World Games held in Duisburg, Germany between 14 and 24 July 2005.
2. The Athlete is disqualified of all results achieved in the Rock' n' Roll competition of the 2005 World Games held in Duisburg, Germany between 14 and 24 July 2005, in particular, his third place ranking and shall forfeit all medals received"
3.) This award is rendered without costs except for the Court Office fee of CHF 500 (five hundred Swiss Francs), which is retained by the CAS.
4.) The Parties shall bear the costs which they have individually incurred in the present arbitration procedure.
