Related cases:
- CAS 2019_A_6443 CCES vs Dominika Jamnicky | Dominika Jamnicky vs CCES
July 9, 2020 - SDRCC 2018 CCES vs Dominika Jamnicky & Triathlon Canada - Partial Award
May 31, 2019
In June 2018 the Canadian Centre for Ethics in Sport (CCES) has reported an anti-doping rule violation against the Triathlon Athlete Dominika Jamnicky after her sample tested positive for the prohibited substance Clostebol.
After notification a provisional suspension was ordered. The Athlete filed a statement with evidence in her defence and she was heard for the SDRCC Doping Tribunal.
The Athlete accepted the test result and denied the intentional use of the substance. She argued that the positive test was the result of contaminated meat in Australia or Canada.
The CCES contended that the Athlete failed to establish the source of Clostebol nor that the violation was not intentional.
On 31 May 2019 the SDRCC Doping Tribunal in the Partial Award decided that the Athlete has not discharged her burden of proving the source of her positive test. However the Arbitrator deemed that the Athlete indeed has discharged her burden of proving that her positive test was not intentional.
Hereafter the Parties filed their submissions as to the consequences that should follow from this Partial Award.
Considering the submissions of the Parties the Arbitrator concludes that the Athlete had committed an anti-doping rule violation. However with application of the principle of proportionality as to the seriousness of the violation the Arbitrator deems that a 2 year period of ineligibility would be wholly unfair and an excessively severe sanction.
Therefore the SDRCC Doping Tribunal decides on 16 August 2019 that the Athlete has committed an anti-doping rule violation and that the Athlete's sanction is reduced to a reprimand.
