CAS OG 06/001 World Anti-Doping agency (WADA) vs United States Anti-Doping Agency (USADA) & United States Bobsled & Skeleton Federation (USBSF) & Zachery Lund
- Skeleton
- Doping (Finasteride)
- No Significant Fault or Negligence
- Period of ineligibility resulting in the exclusion from the Olympic Games
1. The use of Finasteride which has been included on the WADA Prohibited list since 1 January 2005 as a masking agent constitutes a doping violation in breach of the USADA Protocol and of the FIBT Doping Control Regulations.
2. Under the FIBT Doping Control Regulations, in order to establish “No Fault or Negligence” an athlete has to show that he did not know or suspect, and could not reasonably have known or suspected even with the exercise of utmost caution, that he had used the Prohibited Substance. It cannot seriously be argued that an athlete who realized (and has been told by his national federation) that he had to check the Prohibited List each year and who failed to look at the list at all for over a year had exercised the utmost caution. It is a failure not to continue to monitor the Prohibited List, in accordance with his duty as an athlete.
3. In order to establish “No Significant Fault or Negligence”, an athlete has to show that his fault or negligence, when viewed in the totality of the circumstances and taking into account the criteria for “No Fault or Negligence” was not significant in relation to the anti-doping rule violation. Once the test has been satisfied, the period of ineligibility can be reduced. An athlete has satisfied the test where he has shown to be an honest athlete, open and frank with his failure, who for a number of years regularly checked the Prohibited List but failed to do so one year continuing however to include on the Doping Control Form the information that he was taking medication. The fact that the information was not picked up by any anti-doping organisation until the positive test is relevant.
In January 2006 the United States Anti-Doping Agency (USADA) reported an anti-doping rule violation against the Athlete Zach Lund after his sample tested positive for the prohibited substance Finasteride.
Consequently on 22 January 2006 the Athlete admitted the violation and accepted the sanction of a warning and disqualification of his competition results.
Hereafter in February 2006 the World Anti-Doping Agency (WADA) appealed the USADA Decision with the CAS ad hoc Division. WADA requested the Panel to set aside the Appealed Decision and to impose a 2 year period of ineligibility on the Athlete.
USADA contended that the Athlete was not a cheat and that the Athlete was mislead by the contents of the FIBT website regarding the substance Finasteride. Further it asserted that the Athlete's doping test record and medical history demonstrated that the Athlete used the product for medical purposed.
By contrast the Panel established the athlete who realized (and has been told by his national federation) that he had to check the Prohibited List each year and who failed to look at the list at all for over a year had exercised the utmost caution, albeit that for several years previously he had scrutinised the list with care. It is his failure to continue to monitor the Prohibited List, in accordance with his duty as an athlete, that has placed the Athlete in his present predicament.
In these circumstances, the Panel concludes that the Athlete, on his own admission, an admission which was contained on the Doping Control Form, committed an anti-doping violation and cannot escape a period of ineligibility.
Therefore the ad hoc Division of the Court of Arbitration for Sport renders the following decision:
1.) The Appeal filed by the World Anti-Doping Agency on 2 February 2006 is allowed in part.
2.) The USADA Decision made on 22 January 2006 is overruled.
3.) Mr Lund’s period of ineligibility is for one year commencing on 10 November 2005 and concluding on 9 November 2006.
4.) WADA’s request for the disqualification of Mr Lund’s results after 10 November 2005 is rejected.
