CAS 99/A/223 International Tennis Federation (ITF) / K.
- Tennis
- Doping (nandrolone)
- Collection procedure
- Exceptional circumstances
1. Pursuant to the ITF Anti-doping Programme, any deviation or deviations from the anti-doping control procedures, including, but not limited to, sample collection, chain-of-custody or laboratory analysis, do not invalidate any finding, procedure or positive test result, unless that deviation or deviations raises a material doubt as to the reliability of the finding, procedure, decision or positive test result.
2. It is for the ITF to establish with appropriately convincing evidence the existence of a doping offence, including compliance with anti-doping control procedures. A player who seeks to rely upon 'Exceptional Circumstances' to mitigate penalty must do so on the balance of probabilities. Exceptional circumstances are defined to mean that circumstances occurred in which the player had no knowledge that he had taken or been administered the prohibited substance found in his body.
In March 1999 the ITF filed an Appeal with the Court of Arbitration for Sport (CAS) against the light sanction imposed on K. after his A and B samples tested positive for 19-norandrosterone and 19-noretiocholanolone (Nandrolone).
The Court of Arbitration for Sport decides on 21 August 1999:
1.) The appeal by the ITF is upheld.
2.) The decision of the Appeals Committee of the ITF of 22 December 1998 shall be modified as follows:
K. is suspended for a period of 12 months from 1 September 1999 to 31 August 2000.
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