CAS 2011/A/2523 WADA v. Federación Colombiana de Patinaje & Yenny Paola Serrano Burgos
Related cases:
- CAS 2011_A_2522 WADA vs FCP & Nicolas Bermudez
August 23, 2012 - CAS 2011_A_2524 WADA vs FCP & Perez Moreno
August 23, 2012
On 11 April 2011 the Colombian Skating Federation (FEDEPATIN) Disciplinary Commission decided to impose a 3 month period of ineligibility on the rollers sports Athlete Yenny Paola Serrano Burgos after she tested positive for the prohibited substance Methylhexaneamine.
Hereafter in August 2011 the World Anti-Doping Agency (WADA) appealed the FEDEPATIN Decision with the Court of Arbitration for Sport (CAS). WADA requested the Panel to set aside the Appealed Decision and to impose a 2 year period of ineligibility on the Athlete.
The Athlete admitted the violation and denied the intentional use of the substance. She asserted that a fat-burner was the source she had used for weight loss.
Following assessment of the evidence and the Athlete's conduct in this case the Panel finds that she failed to explain with corroborating evidence how the substance had entered her system. Further the Panel deems that she acted negligently with her supplements.
Therefore the Court of Arbitration for Sport decides on 23 August 2012 that:
1.) The appeal of WADA is admissible.
2.) The decision rendered by the Disciplinary Commission of the FCP on 11 April 2011 2011 against Yenny Paola Serrano Burgos is set aside.
3.) Yenny Paola Serrano Burgos is sanctioned with a two-year period of ineligibility, which started on 11 April 2011, The period of provisional suspension of 30 (thirty) days and any other ineligibility period shall be credited against the total period of ineligibility to be served.
4.) All competitive results obtained by Yenny Paola Serrano Burgos from 22 October 2010 shall be disqualified with all the resulting consequences including forfeiture of any medals, points and/or prizes.
5.) This award is prononnced without costs, except for the Court Office fee of CHF 1'000 (one thousand Swiss Francs) already paid by WADA which is retained by the CAS.
6.) Each party shall bear its own costs.
7.) All other prayers for relief are dismissed.
