CAS 2021_A_7983 Brianna McNeal vs World Athletics | World Athletics vs Brianna McNeal

CAS 2021/A/7983 Brianna McNeal v. World Athletics
CAS 2021/A/8059 World Athletics v. Brianna McNeal

Related case:

World Athletics 2021 WA vs Brianna McNeal
April 21, 2021



On 21 April 2021 the World Athletics Disciplinary Tribunal decided to impose a 5 year period of ineligibility on the Athlete for Tampering.

In this matter the AIU had established that the Athlete had provided false statements and in support had produced falisified documents in order to explain her missed test on 12 January 2020. When interviewed in August 2020 the Athlete admitted that she had altered documents.

In First Instance the Disciplinary Tribunal Panel regarded that the subjective elements of this case are very specific and exceptional. The Panel considered that the personal circumstances and trauma the Athlete was suffering at the time she committed her Tampering violation justify a reduction of her degree of Fault and reduction of the period of ineligibility for her second anti-doping rule violation.

Hereafter both the Athlete and World Athletics appealed the Decision of 21 April 2021 with the Court of Arbitratration for Sport (CAS).

After assessment of the case the CAS Panel dismissed the appeal filed by the Athlete Brianna McNeal and partially upheld the appeal filed by World Athletics. The Challenged Decision is confirmed, with one additional element.

Therefore the Court of Arbitration for Sport decides on 7 July 2021 that:

  1. The appeal filed by Ms Brianna McNeal on 21 May 2021 against the decision of the World Athletics Disciplinary Tribunal dated 21 April 2021 is dismissed.
  2. The appeal filed by World Athletics on 17 June 2021 against the decision of the World Athletics Disciplinary Tribunal dated 21 April 2021 is partially upheld.
  3. The decision of the World Athletics Disciplinary Tribunal dated 21 April 2021 is confirmed in full, with the following additional item:
    "All competitive results obtained by Ms. Brianna McNeal between 13 February 2020 and 14 August 2020 shall be disqualified with all resulting consequences includingforfeiture of any medals, titles, points, prize money and prizes."
  4. This Award is pronounced without costs, except for the CAS Court Office of CHF 1 '000 (one thousand swiss francs) paid by Ms Brianna McNeal and World Athletics which is retained by the CAS.
  5. Each Party shall bear its own legal and other costs incmTed in connection with these arbitration proceedings.
  6. All other motions or prayers for relief are dismissed.

Original document

Parameters

Legal Source
CAS Appeal Awards
Date
2 July 2021
Arbitrator
Botica Santos, Rui
Haas, Ulrich
Reeves, Barbara A.
Original Source
Court of Arbitration for Sport (CAS)
Country
United States of America
Language
English
ADRV
Tampering / attempted tampering
Legal Terms
Admission
Circumstantial evidence
Exceptional circumstances
No Significant Fault or Negligence
Period of ineligibility
Second violation
Sport/IFs
Athletics (WA) - World Athletics
Medical terms
Legitimate Medical Treatment
Pregnancy
Various
Disqualified competition results
Doping control
Falsification / fraud
Lying / false statement
Document type
Pdf file
Date generated
30 August 2021
Date of last modification
27 September 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