CAS OG_2020_06 World Athletics vs Alex Wilson & Antidoping Switzerland & Swiss Olympic

• CAS OG 20/06 World Athletics v. Alex Wilson, Swiss Anti-Doping & Swiss Olympic
• CAS OG 20/08 WADA v. Alex Wilson, Swiss Anti-Doping & Swiss Olympic
  
  
• CAS ad hoc Division (OG Tokyo) 20/006 & 20/008 World Athletics (WA) & World Anti-Doping Agency (WADA) v. Alex Wilson, Swiss Anti-Doping & Swiss Olympic

• Athletics (sprint)
• Doping (epitrenbolone)
• Jurisdiction ratione temporis of the CAS ad hoc Division
  Conditions to lift a mandatory provisional suspension

1. The CAS ad hoc Division only has jurisdiction to deal with disputes which arise during the Olympic Games or during a period of ten days preceding the Opening Ceremony. In general, the date when a dispute arises is the date of the decision with which the applicant disagrees. However, such a date can arise later, in some cases, if, for example, it is necessary for the applicant to wait until the full case file and necessary documentation is received in order to enable it to determine whether there is a dispute concerning the decision.

2. Pursuant to Article 7.4.1 of the World Anti-Doping Code (WADC), a mandatory provisional suspension may be eliminated if the athlete demonstrates to the hearing panel that the anti-doping rule violation (ADRV) is likely to have involved a contaminated product. Article 7.4.1 of the Swiss Anti-Doping Rules (Swiss ADR) reflecting the WADC provides that the mandatory provisional suspension can only be lifted if the athlete demonstrates that it was probable that the ADRV was caused by a contaminated product. Thus, the test for the hearing panel is not only whether the positive finding could have been caused by a contaminated product. The two tests are not the same and that they impose very different burdens on the athlete and necessitate very different analyses of the evidence.

In April 2021 Antidoping Switzerland reported an anti-doping rule violation against the Swiss Athlete Alex Wilson after his A and B samples tested positive for the prohibited substance Trenbolone.

After notification a provisional suspension was ordered which was callenged by the Athlete in May 2021. The Athlete requested the Disciplinary Chamber of Swiss Olympic to lift the provisional suspension in order to participate in the outdoor season and the Tokyo Olympic Games.

The Athlete argued that the source of the positive test was  contaminated meat he had ingested in a restaurant in Las Vegas, USA, in March 2021. On 2 July 2021 the Disciplinary Chamber of Swiss Olympic decided to lift the provisional suspension imposed on the Athlete.

Hereafter on 22 and 24 July 2021 both World Athletics and WADA appealed the decision of the Disciplinary Chamber with the CAS Ad Hoc Division. They requested the Panel to set aside the Appealed Decision and for the imposition of the provisional suspension with immediate effect.

The Athlete raised a number of challenges to jurisdiction of the CAS Ad Hoc Division. However the Panel deems that it has jurisdiction to hear the filed applications and that they are admissible.

Based on the evidence the Panel concludes that the Athlete has not satisfied it that, on the balance of probabilities, it is likely or probable that the Trenbolone came from contaminated meat in the circumstances presently described by the Athlete.

The Panel finds that the evidence available so far clearly shows that the provisional suspension imposed on the Athlete should not have been lifted by the Disciplinary Chamber. It follows that the decision of the Disciplinary Chamber of 2 July 2021 should not be reinstated and, thus, the mandatory provisional suspension shall be reinstated with immediate effect.

Therefore the CAS Ad Hoc Panel decides on 27 July 2021:

1. The Ad Hoc Division of the Court of Arbitration for Sport has jurisdiction to entertain the Application filed by World Athletics on 22 July 2021 and by WADA on 24 July 2021.
2. The applications filed by World Athletics and by WADA on 22 and, respectively, 24 July 2021 are upheld.
3. The Decision rendered on 2 July 2021 by the Disciplinary Chamber of Swiss Olympic is set aside.
4. The provisional suspension imposed on Mr Alex Wilson by Antidoping Switzerland on 28 April 2021 shall be reinstated with immediate effect.
5. Each Party shall bear its own legal costs and other expenses incurred by this procedure.