SDRCC 2020 CCES vs Mickael Badra

In January 2020 the Canadian Centre for Ethics in Sport (CCES) has reported an anti-doping rule violation against the football player Mickael Badrea after his sample tested positive for the prohibited substance Dexamphetamine (d-amphetamine, dextroamphetamine).

After notification a provisional suspension was ordered. In the preliminary proceedings the Athlete explained that he had used medication from a friend to help him with his diagnosed ADHD hereafter. The Athlete requested for a Tribunal hearing and applied for a retroactive TUE.

In this case there were persistent delays in the proceedings attributed to the Athlete regarding the scheduled meetings, his TUE application and the submission of relevant medical evidence for this application.

Both CCES and SDRCC establised since July 2020 that the Athlete completely disengaged from the ongoing proceedings. He did not respond to the communcation from CCES nor SDRCC. His absence and total lack of participation persisted until the conclusion of this case.

The SDRCC decided to settle the case based on the written submissions of the parties and regards that no evidence or submission of any kind from the Athlete was received.

The Sole Arbitrator finds that the presence of a prohibited substance has been established in the Athlete's sample and accordingly that he committed an anti-doping rule violation.

Previously the CCES had offered a 1 year period of ineligibility on the basis that the Athlete provided grounds for this reduced sanction. Since the Athlete completely disengaged for the current process the Sole Arbitrator concludes that the Athlete failed to establish with evidence or aguments that the violation was not intentional nor grounds for No Significant Fault or Negligence.

Therefore the SDRCC Doping Tribunal decides on 20 October 2020 to impose a 4 year period of ineligibility on the Athlete starting on the date of the provisional suspension, i.e. on 30 January 2020.

Original document

Parameters

Legal Source
National Decisions
Date
20 October 2020
Arbitrator
Dumoulin, Ross C.
Original Source
Sport Dispute Resolution Centre of Canada (SDRCC) - Centre de règlement des différends sportifs du Canada (CRDSC)
Country
Canada
Language
English
ADRV
Adverse Analytical Finding / presence
Legal Terms
Burdens and standards of proof
Circumstantial evidence
Sole Arbitrator
Substantial delay / lapsed time limit
Sport/IFs
American Football (IFAF) - International Federation of American Football
Other organisations
Canadian Centre for Ethics in Sport (CCES)
Canadian University Sports (U Sports)
Laboratories
Montreal, Canada: Laboratoire de controle du dopage INRS-Institut Armand-Frappier
Doping classes
S6. Stimulants
Substances
Dexamphetamine (d-amphetamine, dextroamphetamine)
Medical terms
Attention Deficit Hyperactivity Disorder (ADHD)
Therapeutic Use Exemption (TUE)
Various
Athlete support personnel
Lack of cooperation / obstruction
Document type
Pdf file
Date generated
18 November 2020
Date of last modification
14 June 2021
Category
  • Legal Source
  • Education
  • Science
  • Statistics
  • History
Country & language
  • Country
  • Language
Other filters
  • ADRV
  • Legal Terms
  • Sport/IFs
  • Other organisations
  • Laboratories
  • Analytical aspects
  • Doping classes
  • Substances
  • Medical terms
  • Various
  • Version
  • Document category
  • Document type
Publication period
Origin