CAS A1/2020 Shayna Jack v. Swimming Australia & Australian Sports Anti-Doping Authority
Related cases:
- CAS 2020_A_7579 WADA vs Swimming Australia & SIA & Shayna Jack; and
- CAS 2020_A_7580 SIA vs Shayna Jack & Swimming Australia
September 16, 2021
In July 2019 the Australian Sports Anti-Doping Authority (ASADA) has reported an anti-doping rule violation against the swimmer Shayna Jack after her sample tested positive for the prohibited substance LGD-4033 (Ligandrol). Consequently the Anti-Doping Rule Violation Panel decided on 19 December 2019 to impose a 4 year period of ineligibility on the Athlete.
Hereafter in January 2020 the Athlete appealed the Decision of 19 December 2019 with the Oceania Registry Court of Arbitration for Sport (CAS).
ASADA contended that the Athlete failed to demonstrate how the prohibited substance entered her system and that there are nog grounds for a reduced sanction. It acknowledged that there was no evidence that the Athlete intentionally had used the substance to enhance performance nor was there evidence of long-term use of the substance.
The Athlete accepted that she committed an anti-doping rule violation and denied the intentional use of the prohibited substance. She acknowledged that she did not know how the substance entered her system. She could only provide possible explantions: contaminated supplements; contamination through mixing supplements in a blender used by other persons; and contact or ingestion of the substance at training facilities she had visited.
The Sole Arbitrator deems that the Athlete could not demonstrate how the prohibited substance entered her system but is willing to accept that the violation was not intentional.
Based on the Athlete’s evidence and presentation and the evidence and presentations of those who know her best, the Athlete presented to the Sole Arbitrator as a person who was inherently very unlikely to intentionally or recklessly ingest a Prohibited Substance. The history of testing is also consistent with the Athlete’s evidence of a lack of intention to cheat. Futher the found concentration of the prohibited substance in her sample was low and insufficient to enhance performance.
Therefore the Court of Arbitration for Sport decides on 16 November 2020 that:
1.) The appeal filed by Ms. Shayna Jack on 2 January 2020 is partly upheld.
2.) Ms. Shayna Jack has committed a violation of Article 2.1 the Swimming Australia Limited Anti-Doping Policy 2015 and as a result, is suspended for a period of two (2) years commencing as from the date of her provisional suspensions (i.e. 12 July 2019).
3.) (…).
4.) (…).
5.) All other motions or prayers for relief are dismissed.
