CAS 2002/A/376 Baxter / International Olympic Committee (IOC)
- Alpine skiing / Olympic Games
- Doping (methamphetamine)
- Strict liability
- Irrelevance of any fault or of any enhancing effect
- Disqualification and exclusion from the Olympic Games
1. Consistent CAS case law has held that athletes are strictly responsible for substances they place in their body and that for purposes of disqualification (as opposed to suspension), neither intent nor negligence needs to be proven by the sanctioning body. Article 2.2 of Chapter II of the Olympic Movement Anti-Doping Code (OMAC) states that doping is the “presence in the body of a prohibited substance”, whether or not intentional or negligent, can affect the results of the event so that the presence of the substance is sufficient to find a doping violation.
2. Appendix A (I) to the OMAC lists among the classes of prohibited substances “amphetamines”. Thus, any form of amphetamines is covered by this listing, and there can be no doubt that both isomers of methamphetamine, including levmetamfetamine, are amphetamines within the meaning of that term. The IOC has not established any threshold level for methamphetamine. As a result, any level of methamphetamine constitutes a doping violation.
3. Disqualification is the minimum sanction that automatically follows a doping offence, in accordance with Article 3.3 of the OMAC. It is reasonable for the IOC to have determined that it may not always be possible to prove or disprove fault or performance-enhancing effect, but that in order to ensure the integrity of results the mere presence of a prohibited substance requires disqualification and invalidation of the result obtained.
Mr. Alain Baxter competed for the British team in the men's alpine skiing slalom event on 23 February 2002 at the Salt Lake City 2002 Olympic Winter Gamesy. He finished third and was awarded a bronze medal in the event.
On 21 March 2002, the IOC Executive Board decided for disqualifying Mr. Baxter and removing his bronze medal and diploma after his A and B samples tested positive for the prohibited substance Levmetamfetamine and Methamphetamine.
As a consequence of the positive urine test, the Fédération Internationale de Ski (“FIS”) suspended the Athlete from competition for three months. Mr. Baxter did not challenge the suspension or the length of the suspension.
Yet, in a separate CAS proceeding the Athlete appealed the manner of calculating the three-month period. Another CAS panel upheld the appeal and re-calculated the effective dates of the three-month suspension.
The issue of any suspension is therefore not before this Panel, which is only asked to determine the appropriateness of the disqualification of Mr. Baxter‟s Olympic results.
The Panel is not without sympathy for the Athlete, who appears to be a sincere and honest man who did not intend to obtain a competitive advantage in the race. It is unfortunate that, for whatever reason, he did not see the term levmetamfetamine on the package he bought or did not understand its import, and that he did not consult with his team doctor before taking the medication.
Nevertheless, because Mr. Baxter took the medication, at the time of his slalom race his body contained a prohibited substance. The consequence for this doping violation must be a disqualification and the loss of his bronze medal.
On 15 October 2002 the Court of Arbitration for Sport:
1.) Denies the appeal filed by Mr. Baxter and upholds the ruling of the IOC Executive Board disqualifying Alain Baxter from the men‟s alpine skiing slalom event at the Salt Lake City Winter Olympics, withdrawing his Bronze medal and diploma, and excluding him from the XIX Olympic Winter Games, Salt Lake City 2002;
2.) (…).
