CAS anti-doping Division (OG PyeongChang) AD 18/005 International Olympic Committee (IOC) & International Bobsleigh & Skeleton Federation (FIBT) v. Nadezhda Sergeeva, partial award
IBSF 2018 IBSF vs Nadezhda Sergeeva - Termination of proceedings
October 11, 2018
Jurisdiction of the CAS Anti-Doping Division
Definition of team sport
Consequences on the team of an ADRV in a sport which is not a team sport but where awards are given to teams
Continuation of the proceedings
1. Pursuant to Rule 59.2.4 of the Olympic Charter, the IOC Executive Board has delegated to the CAS Anti-Doping Division (ADD) its power to decide upon any violation of the World Anti-Doping Code arising upon the occasion of the Olympic Games. Pursuant to Art. 8.1.1 of the IOC Anti-Doping Rules (ADR): “Where the IOC decides to assert an anti-doping rule violation, the IOC shall promptly file an application with the CAS Anti-Doping Division as per the CAS Anti-Doping Rules”. Article 1 of the CAS ADD Rules states that: “[t]he CAS ADD shall be the first-instance authority to conduct proceedings and to issue decisions when an alleged anti-doping rule violation has been asserted and referred to it under the IOC ADR, and for imposition of any sanctions therefrom whether applied at the Games or thereafter. Accordingly, the CAS ADD has jurisdiction to rule as a first-instance authority in place of the IOC and/or the International Federation concerned”.
2. The IOC ADR defines a Team Sport as “A sport in which the substitution of players is permitted during Competition”. As substitution of athletes is not permitted in bobsleigh competitions, it is not a team sport.
3. Article 11.3 of the IOC ADR states that: “If one or more members of a team in a sport which is not a Team Sport but where awards are given to teams, is found to have committed an anti-doping rule violation […], the CAS Anti-Doping Division shall impose the consequences on the team […] which are provided in this respect in the applicable rules of the relevant International Federation, in addition to any consequences imposed pursuant to these Rules on the individual Athlete(s) found to have committed the anti-doping rule violation”. According to Article 11.2.2 of the IBSF ADR, “An anti-doping rule violation committed by a member of a Team occurring during or in connection with an Event may lead to Disqualification of all of the results obtained by the Team in that Event”, which gives discretion to determine whether the results of the athlete’s team are also disqualified.
4. After the anti-doping rule violation has been determined, the IOC is no longer a party to the procedure. The proceedings shall continue by and between the international federation concerned, who joined the proceedings as Co-Applicant, and the athlete, in regard to the consequences of the anti-doping rule violation which may be imposed on the athlete. The Sole Arbitrator, after consultation with the parties, shall determine the procedural directions applicable to the remaining part of the arbitration and shall issue, at the conclusion of the proceedings following the Olympic Games, a final award, all in accordance with Article 20 of the CAS ADD Rules.
On 23 February 2018 the International Olympic Committee had reported an anti-doping rule violation against the the Russian bossleigh Athlete Nadezhda Sergeeva after her A and B samples tested positive for the prohibited substance Trimetazidine. After notification a provisional suspension was ordered and the Athlete was heard for the Anti-Doping Division of the Court of Arbitration for Sport (CAS ADD). The International Bobsleigh & Skeleton Federation (IBSF) joined the procedure as a Co-Applicant.
The Athlete accepted the test results and the consequences including disqualification of results. The Athlete did not make any arguments nor presented any reasons why the results of her Team should not be disqualified as a result of her anti-doping rule violation.
The Sole arbitrator finds that the presence of a prohibited substance had been established in the Athlete’s samples and accordingly that she committed an anti-doping rule violation. On the basis of the submissions of the parties, the application of the IOC is granted.
Therefore the CAS Anti-Doping Division decides on 24 February 2018:
a.) The Athlete is found to have committed an anti-doping rule violation in accordance with Article 2.1 of the IOC ADR.
b.) The individual results obtained by the Athlete in the women’s bobsleigh event of the Olympic Winter Games PyeongChang 2018 are disqualified with all resulting consequences including, if applicable, forfeiture of any medal, diploma, medallist pin, points and prizes.
c.) The results obtained by the Athlete’s Team in the women’s bobsleigh event of the Olympic Winter Games PyeongChang 2018 are disqualified with all resulting consequences including, if applicable, forfeiture of any medal, diploma, medallist pin, points and prizes.
d.) The Athlete is excluded from the Olympic Winter Games PyeongChang 2018.
e.) To the extent not yet done so, the Athlete shall leave the Village and return her accreditation (number 3036191) immediately.
With the issuance of this Order, the IOC’s participation in this proceeding is hereby terminated. Furthermore, the application of the IBSF is granted and therefore:
a.) The Athlete is provisionally suspended from all Competition following the conclusion of the Olympic Winter Games PyeongChang 2018 pending a final decision on her violation.