In July 2017 the Anti-Doping Agency of Kenya (ADAK) has reported an anti-doping rule violation against the Minor swimmer (17) after her sample tested positive for the prohibited substance Testosterone.
Also ADAK reported anti-doping rule violations against the Athlete's mother and stepfather as Athlete Support Personel for their involvement in the Athlete's anti-doping rule violation.
After notification a provisional suspension was ordered and the Athlete and her parents filed statements in their defence. The three cases were consolidated and the Kenya Sports Disputes Tribunal rendered a decision based on the Parties' written submissions.
ADAK contended that the positive test was the result of the administration of the substance by the Athlete's parents and that they failed to demonstrate that the Athlete suffered from a medical condition. They had not applied for a TUE and had not produce a prescription, nor provided other relevant evidence in this matter.
Further ADAK holds that the Athlete had previously received anti-doping education and on that account she should be aware of the necessity of a TUE and checking her medication. Finally ADAK argued that the use of the prohibited substance was only mentioned on the Doping Control Form in incomprehensible vaque terms.
The parents admitted the violation and stated that the substance was administered as medical treatment for the Athlete's hormonal condition. The Athlete's mother explained that the Athlete prior underwent hormonale therapy for 3 months in 2016 without succes whereas she had the same medical condition when she was a teenager.
As self-treatment the mother started the administration of Sustanon injections to the Athlete without a prescription. The stepfather denied that he had administered injections, nor that he was involved in this medical treatment. They acknowledged that they had not checked the medication for prohibited substances.
The Panel finds that the Athlete had admitted the violation and it rejected her ignorance since she had received anti-doping education and thus should be aware of the necessity of a TUE and checking her medication. The Panel concludes that the substance was administered with the cooperation and knowledge of the Athlete.
The Panel considered the conduct of the Athlete's mother as Athlete Support Personel and finds that there were many inconsistencies in her statements. The Panel concludes that the mother was aware that she administered the Athlete a prohibited substance. Further the Panel deems that she was dishonest, manipulative and she had actively tried to hide or shield herself from consequences behind minors.
Finally the Panel dismissed the stepfahter's ignorance and his justifications and concludes that he had administered or had facilitated the administration of the prohibited substance.
Therefore the Sports Disputed Tribunal decides on 7 November 2018 that:
- The Athlete is sanctioned with the imposition of a 4 year period of ineligibility, starting on the date of the sample collection, i.e. on 2 June 2017
- The Athlete's mother as Athlete Support Personel is sanctioned with the imposition of a lifetime period of ineligibility, starting on the date of the provisional suspension, i.e. on 5 August 2017.
- The Athlete's stepfather as Athlete Support Personel is sanctioned with the imposition of a lifetime period of ineligibility starting on the date of the provisional suspension, i.e. on 5 August 2017.
