CAS 2002/A/360 Jovanovic v/USADA
In January 2002 the United States Anti-Doping Agency (USADA) has reported an anti-doping rule violation against the Athlete Pavle Jovanovic after his A and B samples tested positive for the prohibited substances 19-norandrosterone and 19-noretiocholanolone (Nandrolone).
Consequently on 26 January 2002 the AAA Panel decided to impose a 9 month period of ineligibility on the Athlete.
Hereafter the Athlete appealed AAA Panel decision with the Court of Arbitration for Sport (CAS). In his defence the Athlete filed arguments about the strict liability, the chain of custody, the testing, supplement contaimination and the sanction.
The Panel does not accept the Appellant's evidence as to the care he took about the taking of supplements. He did not approach the United States Bobsleigh Federation, or any other body, for guidance. He did not take medical advice.
He relied only upon his own research, which, as we have found, was considerably less thorough than he would have had us believe. Further he ignored wamings about the dangers of contamination given by a number of bodies, including the IOC and USADA. Finally, he expressed no contrition, and accepted no blame, but sought to blame the IOC, WADA and USADA but not himself for the predicament in which he now finds himself.
For these reasons, even if it had had the discretion to reduce the mandatory minimum sentence of two-year suspension, the Panel would not find "specific, exceptional circumstances" for doing so.
Therefore The Court of Arbitration for Sport decides on 7 February 2002:
1.) The appeal filed by Mr. Pavle Jovanovic on 28 January 2002 is dismissed.
2.) The decision of the AAA Panel of 26 January 2002 is varied as follows:
The Appellant is ineligible for competition for a period of two years from 29 December 2001.
3.) The award is pronounced without costs, except for the court office fee of CHF 500.— (five hundred Swiss Francs) paid by the Appellant which is retained by the CAS.
4.) Each party shall bear its own costs.
