CAS 2006/A/1165 Ohuruogu v/UK Athletics Limited
CAS 2006/A/1165 Christine Ohuruogu v. UK Athletics Limited (UKA) & International Association of Athletics Federations (IAAF)
- Athletics
- Athlete’s failure to provide accurate whereabouts information for out-of-competition testing
- Doping offence
- Sanction
1. The application of the UKA and IAAF Anti-Doping Rules with respect to out-of-competition testing, specifically IAAF Rules 32.2(d) and 35.17 is confirmed. The meaning of IAAF Rule 35.17 is unambiguous and states that once three failures have been evaluated as three missed tests within 5 years, then the athlete has committed a doping offence. The wording of that rule does not suggest that a missed test cannot be declared as such until the athlete has been notified of any previous missed test(s).
2. With respect to the sanction, the twelve month ban imposed by UKA on an athlete who has missed three tests is both within the range set by the World Anti-Doping Code and in line with the IAAF Rules for this type of offence. The suspension is proportionate and should not be disturbed.
In July 2006 UK Athletics has reported an anti-doping rule violation against the Athlete Christine Ohuruogu for three missed tests because of her failure to provide accurate whereabouts information for out-of-competition testing. Consequently on 15 September 2006 the UK Athletics Disciplinary Committee decided to impose a 1 year period of ineliglibility on the Athlete.
Hereafter in October 2006 the Athlete appealed the UKA decision with the Court of Arbitration of Sport (CAS).
The CAS Panel deems the burden on an athlete to provide accurate and up-to-date whereabouts information is no doubt onerous. However, the anti-doping rules are necessarily strict in order to catch athletes that do cheat by using drugs and the rules therefore can sometimes produce outcomes that many may consider unfair.
The Panel finds that this case should serve as a warning to all athletes that the relevant authorities take the provision of whereabouts information extremely seriously as they are a vital part in the ongoing fight against drugs in the sport.
Therefore on 3 April 2007 the Court of Arbitration for Sport decides:
1.) The appeal filed by Ms Christine Ohuruogu in relation to the decision of the Disciplinary Committee of the UK Athletics Limited is dismissed.
2.) Ms Christine Ohuruogu is therefore declared ineligible for competition for one year from 6 August 2006.
3.) (…).
