CAS 2009_A_1755 Adam Seroczynski vs IOC

CAS 2009/A/1755 Adam Seroczynski v. International Olympic Committee (IOC)

Canoeing
Doping (clenbuterol)
Procedural rights of the athlete regarding the opening of the B sample
No minimum threshold for clenbuterol
Strict liability and automatic disqualification

1. The fact that the athlete could not attend to the opening of the B sample does not constitute a violation of the athlete’s procedural rights as such, so long as the athlete was informed of the date and time of the opening of the B sample, did not request a postponement and was represented to it.

2. The 2008 Prohibited List does not set a minimum threshold for clenbuterol. A qualitative – and not quantitative – identification is required, and the proven presence of clenbuterol constitutes an anti-doping rules violation.

3. According to the applicable regulations on automatic disqualification and based on the principle of strict liability, the athlete’s results in a competition in which the anti-doping violation occurred must be disqualified, without any further consideration on his fault or negligence.
_________________________________________________

Mr. Adam Seroczynski is an Polish Athlete competing in the Kayak event at the 2008 Beijing Olympic Games.

In Augstust 2008 the International Olympic Committee (IOC) has reported an anti-doping rule violation against the Athlete during the Beijing 2008 Olympic Games after his A and B samples tested positive for the prohibited substance Clenbuterol.
The Athlete stated he was innocent, denied any attempt of intentional use of Clenbuterol and suspected food contamination.

On 11 December 2008 the IOC Disciplinary Commission decided that:

"I. The athlete Adam Seroczynski, Poland, Kayak:
(i) is disqualified from the Kayak double (K2) 1000m Men event, where he had placed 4th;
(ii) shall have his diploma in the above-noted event withdrawn;
II. The International Canoe Federation is requested to modify the results of the above mentioned event accordingly and to consider any further action within its own competence.
III. The NOC of Poland is ordered to return to the IOC, as soon as possible, the diplomas awarded to the above-mentioned athletes in relation to the above-noted event.
IV. The decision shall enter into force immediately.''

Hereafter in December 2008 the appealed the IOC decision with the Court of Arbitration for Sport (CAS).

The Court of Arbitration for Sport decides on 20 August 2009:

1.) The appeal of the Athlete, Adam Seroczynski, is rejected.
2.) The decision issued by the IOC Disciplinary Commission on December 11, 2008 is upheld.
3.) The Athlete, Adam Seroczynski, is disqualified from the Kayak double (K2) 1000m Men event, where he had placed 4th and his diploma in this event shall be withdrawn.
4.) All other motions or prayers for relief are dismissed.
5.) This award is pronounced without costs, except for the court office fee of CHF 500 (five hundred Swiss francs) paid by Adam Seroczynski, which is retained by CAS.
6.) Each party shall otherwise bear its own legal costs and all other expenses incurred in connection with this arbitration.

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Parameters:

Legal
CAS Appeal Awards
Date:
20 August 2009
Arbitrator
Haas, Ulrich
Halgreen, Lars
Zuchowicz, Maria
Source
Tribunal Arbitral du Sport (TAS) - Court of Arbitration for Sport (CAS)
Country
Poland
Language
English
ADRV
Adverse Analytical Finding / presence
Legal Terms
Strict liability
Sport/IFs
Canoe (ICF) - International Canoe Federation
Other organisations
International Olympic Committee (IOC)
Laboratories
Beijing, China: National Anti-Doping Laboratory China Anti-Doping Agency
Analytical aspects
B sample analysis
Doping classes
S1. Anabolic Agents
Substances
Clenbuterol
Various
Contamination
Disqualified competition results
Food and/or drinks
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