CAS 2005/A/828 Mr. Stefan Koubek v/ International Tennis Federation
On 18 Januari 2005 the ITF Anti-Doping Tribunal decided to impose a 3 month period of ineligibility on the tennis player Stefan Koubek after he tested positive for the prohibited substance Triamcinolone acetonide.
In first instance the Panel accepted that the violation was not intentional and the result of the medical treatment he underwent for his injury.
Hereafter in January 2005 the Athlete appealed the ITF decision with the Court of Arbitration for Sport (CAS).
The Athlete denied the intentional use of the substance and asserted that the imposed sanction wasn't admissible and appropriate. He argued that due to the medical treatment he underwent he acted with No Fault of Negligence.
The Sole Arbitrator assessed the Athlete's conduct in this case and establishes that the Athlete could and should have been
more serious in educating himself about anti-doping measures and more responsible in implementing what he had learnt.
The Sole Arbitrator agrees with the Anti-Doping Tribunal’s foregoing findings and considers the sanction of three months – compared to a possible maximum penalty of one year – to be reasonable given the Athlete’s attitude towards doping issues in general.
The Arbitrator deems that the Athlete disregarded the rules of conduct required of tennis players in relation to the wallet cards and to act without any particular precaution when dealing with his doctor.
Therefore the Court of Arbitration for Sport decides on 13 April 2005:
1.) Dismisses the appeal filed by Stefan Koubek on 31 January 2005.
2.) Declares that the award is pronounced without costs, except for the Court Office fee of CHF 500 (five hundred Swiss Francs) already paid by the Appellant and to be retained by the CAS.
3.) Orders Stefan Koubek to pay an amount of CHF 2’500 (two thousand five hundred Swiss Francs) to the ITF as a contribution towards its costs.
