CAS 2003/A/441 Kryxa v/PZLA
In June 2002 the Polish Athletic Federation (PZLA) has reported an anti-doping rule violation against the Athlete Violetta Kryza after her A and B samples, collected in the USA in May 2002, tested positive for the prohibited substances 19-norandrosterone and 19-noretiocholanolone (Nandrolone).
On 26 September the PZLA Disciplinary Committee decided to impose a reprimand on the Athlete. After notification of the PZLA reprimand the IAAF informed the PZLA that the appropriate minimum penalty under the IAAF Rules is two years and asked the PZLA to reconsider the matter.
Because the PZLA Disciplinary Committee failed to respond the PZLA Council decided to appeal this case with the PAA Board which imposed on 11 December 2002 a two year period of ingeligibility on the Athlete. Yet, a PAA hearing was held without notificaton to the Athlete and the decision was communicated to her afterwards.
Hereafter in December 2002 the Athlete filed an appeal with the Court of Arbitration for Sport (CAS).
The CAS Panel finds that the failure to afford Ms Kryza a hearing on the 11 December 2002, or even to notify her that a hearing was to take place, was a serious lapse on the part of the PZLA. In addition, it was a breach of the IAAf Rules and of the principle of' "audi alteram partem".
However, in the particular circumstances of this case, and hearing in mind that Ms Kryza did not challenge the test results, which showed the presence of norandrosterone in the concentration alleged, but has, on this appeal, relied simply on the procedural lapses by the IAAF to protest timeously and PZLA's failure to notify her of the 11 December 2002 hearing, the Panel concludes albeit with considerable regret, that had Ms Kryza been affofded a hearing, it would have been inevitable that the mandatory minimum 2 year suspension would be imposed.
The Panel concludes that no substantial injustice has been done to Ms Kryza as a result of the failure to afford her a hearing.
Therefore the Court of Arbitration for Sports decides on 13 August 2003:
1.) The appeal filed by Violetta Kryza on 9 February 2003 is dismissed.
2.) The Court Office fee of CHF 500 (five hundred Swiss Francs) already paid by the Appellant shall be retained by the CAS.
3.) Each party shall beat its own costs.
