CAS 2017/A/5301 Sara Errani v. International Tennis Federation (ITF) & CAS 2017/A/5302 National Anti-Doping Organisation (Nado) Italia v. Sara Errani and ITF
On 3 August 2017 the International Tennis Federation (ITF) Independent Tribunal decided to impose a 2 month period of ineligibility on the Italian tennis player Sara Errani after her A and B samples tested positive for the prohibited substance Letrozole. Here the Tribunal accepted the Athlete’s explanation and evidence that she likely ingested the substance letrozole by accidentally consuming her mother's anti-cancer medication “Femara” while visiting her family in Italy in February 2017.
Hereafter in August 2017 both the Athlete and the National Anti-Doping Organisation Italia appealed the ITF decision with the Court of Arbitration for Sport (CAS). In her appeal the Athlete challenged the disqualification of her competitive results while NADO Italia challenged in their appeal the length of the sanction imposed by the ITF.
NADO Italia request the Panel to set aside the ITF decision and to impose a more severe sanction on the Athlete. It contended that the Athlete failed to establish how the prohibited substance entered her system because there were many inconsistencies in the explanations of the Athlete and her family members.
The Athlete requested the Panel to dismiss the appeal of NADO Italia. She argued that she had admitted the violation and accepted the test results. Her violation was not intentional, her fault was in the light category and the sanction would be within the range assigned by the ITF Independent Tribunal. The Athlete asserted that it would be unfair to disqualify any of her results after 8 March 2017, 20 days after her positive test, as none of them would have been effected by her anti-doping rule violation.
The ITF requested the Panel to dismiss the Appeals of the Athlete and NADO Italian. It defended the disqualification the Athlete’s results as determined by the ITF Independent Tribunal and the imposed sanction on the Athlete. The ITF contended that the Athlete’s fault was at least on the “normal” range and based on the facts it sees no reason to change its stance.
The Panel establish that the violation was admitted by the Athlete and the fact accepted by the parties that it was not intentional. Based on the written and oral evidence and expert-evidence the Panel accepts, but just slightly, that the occurrence of the food contamination scenario is more likely than its non-occurrence.
Having thoroughly considered the partly new and modified evidence, the Panel comes to the conclusion that the Athlete’s personal departure from the objective and subjective standards of care, expected to be exercised by her, together with her mother’s fault which is imputed to her, amounts to a light degree of fault, however in its upper range. The Panel determines that a period of ineligibility of 10 months is to be imposed upon the Athlete with disqualification of her results from 16 February to 6 June 2017.
Therefore the Court of Arbitration for Sport decides on 8 June 2018 that:
1.) The appeal filed by Mrs Sara Errani on 24 August 2017 in the case CAS 2017/A/5301 is dismissed.
2.) The appeal filed by the Nado Italia on 25 August 2017 in the case CAS 2017/A/5302 is upheld.
3.) The decision of the Independent Tribunal of 3 August 2017 is partly upheld.
4.) Mrs Sara Errani is sanctioned with a 10-month period of ineligibility, starting from the date of the present Award. The period of ineligibility of two months from 3 August 2017 through 2 October 2017 served by Mrs Errani shall be credited against the total period of 10 months.
5.) All competitive results obtained by Mrs Errani between 16 February 2017 and 6 June 2017 are disqualified, with all resulting consequences including forfeiture of all medals, titles, ranking points and prize money.
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8.) All other motions or prayers for relief are dismissed.
