CAS 2008/A/1558 WADA v/ SANEF & Gertenbach
CAS 2008/A/1578 FEI v/ SANEF
CAS 2008/A/1558 World Anti-Doping Agency (WADA) v. South African National Equestrian Federation (SANEF) & Jasyn Gertenbach and CAS 2008/A/1578 Fédération Equestre Internationale (FEI) v. SANEF
- Equestrian (vaulting)
- Doping (refusal to submit to sample collection)
- Right of international federations to appeal against decisions of national federations involving anti-doping rule infractions
- Refusal without compelling justification to submit to a sample collection after notification
- Young age of an athlete as exceptional circumstance for the reduction of the ineligibility period
1. According to the CAS case law, it is essential that international federations have a right of appeal against the decisions of national federations in cases involving anti-doping rule infractions in order to create a ‘level playing field’ and ensure equity in international competition.
2. An athlete refuses or fails without compelling justification to submit to a sample collection after notification even if there were departures from the rules, where it can be proved that such departures did not cause the factual basis for the athlete’s refusal to submit to sample collection. This is particularly so if the applicable rules do not place an obligation on the Doping Control Officer to advise the athlete of the precise consequences of his refusal to comply, or to advise him of what specific sanction he is likely to incur.
3. The young age of an athlete should not be regarded as an exceptional circumstance. CAS case law provides that young athletes cannot escape responsibility for the actions of parents who are in control of their athletic careers. This is particularly the case where the athlete’s father testified clearly that his son was free at all times to decide and provide a sample if he so wished.
In July 2007 the father of the rider Jasyn Gertenbach (17) denied the SAIDS Doping Control Officer (DCO) access to their house and refused any cooperation in orde to submit the Athlete to out-of-competition testing.
On 7 April 2008 the Judicial Committee of the South African National Equestrian Federation (SANEF) decided to impose a 4 month period of ineligibility on the Athlete for his refusal to submit to sample collection.
Hereafter in May 2008 the World Anti-Doping Agency (WADA), and in June 2008 the International Equestrian Federation (FEI), appealed the SANEF decision with the Court of Arbitration for Sport (CAS).
In this appeal SANEF failed to respond whereas the Athlete in his submission disputed the jurisdiction of CAS and requested to uphold the Appealed Decision.
WADA and FEI requested the Panel to set aside the Appealed Decision and to impose a sanction of 2 years on the Athlete. They contended that CAS has jurisdiction to hear this appeal and that there were no grounds for a reduced sanction.
Following assessment of the evidence and the Athlete's conduct in this case the Panel deems that:
- CAS has jurisdiction and the appeals filed by WADA and FEI are admissible.
- The Athlete was legitimately subject to out-of-competition testing by SAIDS.
- The DCO did have authority to conduct a sample collection on the Athlete at any time or place.
- The Athlete refused to submit to a sample collection after notification as authoried in the FEI AD Rules.
- Alleged departures of the IST could not have caused the Athlete's refusal to submit to sample collection.
- There are no grounds for a reduced sanction.
Therefore the Court of Arbitration for Sport decides on 4 March 2009:
1.) The Appeal filed by the World Anti-Doping Agency against a decision of the Judicial Committee of the South African National Equestrian Federation dated 7 April 2008 is upheld.
2.) The Appeal filed by the Fédération Equestre Internationale against a decision of the Judicial Committee of the South African National Equestrian Federation dated 7 April 2008 is upheld.
3.) The period of ineligibility of four months that was imposed on Mr Jaysn Gertenbach by the Judicial Committee of the South African National Equestrian Federation is hereby increased to two years, commencing on 7 April 2008.
4.) All competitive results obtained by Mr Jaysn Gertenbach between 5 July 2007 and 7 April 2008 shall be disqualified.
5.) (…).
6.) (…).
7. All other prayers for relief are dismissed.
