In June 2020 the International Swimming Federation (FINA) has reported an anti-doping rule violation against the Ukrainian swimmer Volodimyr Voitenko after his sample tested positive for the prohibited substance Hydrochlorthiazide without a TUE.
After notification the Athlete gave a prompt admission, waived his right for a hearing, accepted a provisional suspension and the sanction proposed by FINA. Hereafter in July 2020 his application for a retroactive TUE was denied by the FINA TUE Committee. The case was settled by the FINA Doping Panel based on the written submissions of the parties.
In his defence the Athlete submitted that he suffered from Hypertension and demonstrated with medical evidence that he had used prescribed medication as treatment. He stated that he was unaware that his medication contained a prohibited substance. He asserted that he never had received anti-doping education and acknowledged that he had not checked his medication before using nor mentioned it on the Doping Control Form.
The Panel finds that the Athlete had committed an anti-doping rule violation as a result of his use of a medication that contained a prohibited substance without a valid TUE.
The Panel accepts that the violation was not intentional and that the Athlete established how the substance had entered his system. The Panel considers the circumstances in this case and holds that he gave a prompt admission and that he had not received any anti-doping education before he was tested for the first time.
Further the Panel considers that the Athlete suffered from a serious medical condition and that his medication was not known as performance enhancing. Nevertheless he acted with a degree of fault since he failed to check his medication before using it.
Therefore the FINA Anti-Doping Panel decides on 28 January 2021 to impose an 8 month period of ineligibility on the Athlete starting on 17 February 2020.
