CAS 2009/A/1755 Adam Seroczynski v. International Olympic Committee (IOC)
Related case:
IOC 2008 IOC vs Adam Seroczynski
December 11, 2008
- 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 a Polish Athlete competing in the Kayak event at the 2008 Beijing Olympic Games.
In September 2008 the International Olympic Committee (IOC) reported an anti-doping rule violation against the Athlete after his A and B samples, tested positive for the prohibited substance Clenbuterol.
Consequently on 11 December 2008 the IOC Disciplinary Commission decided to disqualify the Athlete including his results obtained at the Kayak double (K2) 1000m Men event, where he had placed 4th.
Hereafter in December 2008 the Athlete appealed the IOC decision with the Court of Arbitration for Sport (CAS). The Athlete requested the Panel to annul the Appealed Decision and to restore the results obtained at the Kayak event.
The Athlete denied the intentional use of Clenbuterol and disputed the reliability of the test results. He believed that food contamination or meat contamination had caused the positive test results. Further he claimed that he could not attend the opening of the B sample and because of this his test results should be disregarded.
The Panel finds that the presence of a prohibited substance has been established in the Athlete's samples and accordingly that he committed an anti-doping rule violation. The Panel determines that the Athlete was duly notified in September 2008 and that he was properly represented at the opening of his B sample in Beijing.
Following assessment of the evidence the Panel deems that the test results were valid. Furthermore there was no evidence of an alleged false positive nor evidence that food contamination had caused these postive test results.
Therefore 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.
