FEI 2019 FEI vs Nicole Walker

Related case:

CAS 2020/A/6695 Nicole Walker v. PANAM Sports
CAS 2020/A/6700 Equestrian Canada v. PANAM Sports
CAS 2020/A/7386 PANAM Sports v. Nicole Walker and Equestrian Canada
April 22, 2021



In August 2019 the Pan American Sports Organization (PASO) reported an anti-doping rule violation against the Canadian Athlete Nicole Walker after her A and B samples tested positive for the prohibited substance Cocaine. Consequently the Panam Sports Disciplinairy Commission decided on 11 Decemer 2019 to disqualify the Athlete and her results related to Team Canada.

Hereafter the case was referred to the International Equestrian Federation (FEI) and in November 2019 a provisional suspension was ordered.

The Athlete denied the intentional use of Cocaine and explained with evidence that the positive test was the result of her ingestion of tea at the hotel where she stayed at the occasion of the Pan American Games. She was not aware at that time that the green tea she took was in fact coca tea. She provided statement's from the Hotel's manager which confirmed that coca tea was offered to its guests.

The parties in this case reached an agreement and requested the FEI Tribunal to issue a Decision incorporating the terms of this agreement. The FEI Tribunal settled the case based on the written submissions of the parties.

The parties agreed that the violation was not intentional and that the Athlete bears No Significant Fault or Negligence with a light degree of Fault or Negligence. The Athlete accepted the sanction and agreed to fulfil the Education Requirement within 1 year.

Therefore the FEI Tribunal decides on 4 June 2021 in accordance with the mutual consent of the Parties to impose a fine and a 1 year period of ineligibility on the Athlete starting on 26 September 2019.

Original document

Parameters

Legal Source
Decisions International Federations
Settlement
Date
4 June 2021
Arbitrator
Horyna, Valérie
Original Source
International Equestrian Federation (FEI)
Country
Canada
Language
English
ADRV
Adverse Analytical Finding / presence
Legal Terms
Acceptance of sanction
Admission
Case law / jurisprudence
Circumstantial evidence
Consequences to athletes / teams
Fine
No intention to enhance performance
No Significant Fault or Negligence
Period of ineligibility
Provisional suspension
Settlement
Sole Arbitrator
Waiver of "right to be heard"
Sport/IFs
Equestrian (FEI) - International Equestrian Federation
Other organisations
Organización Deportiva Panamericana (ODEPA) - Pan American Sports Organization (PASO)
Laboratories
Montreal, Canada: Laboratoire de controle du dopage INRS-Institut Armand-Frappier
Analytical aspects
B sample analysis
Doping classes
S6. Stimulants
Substances
Cocaine
Various
Disqualified competition results
Education
Food and/or drinks
Document type
Pdf file
Date generated
18 May 2021
Date of last modification
16 June 2021
Category
  • Legal Source
  • Education
  • Science
  • Statistics
  • History
Country & language
  • Country
  • Language
Other filters
  • ADRV
  • Legal Terms
  • Sport/IFs
  • Other organisations
  • Laboratories
  • Analytical aspects
  • Doping classes
  • Substances
  • Medical terms
  • Various
  • Version
  • Document category
  • Document type
Publication period
Origin