Related case:
CAS 2020_A_6892 Andrew Starykowicz vs USADA
August 5, 2020
In October 2019 the American triathlon Athlete Andrew Starkowics suffered from an acute respiratory infection with bronchoconstriction. He underwent medical treatment and used several prescribed medication including the prohibited substances Methylprednisolone (Medrol), Glucocorticoids including Fluticasone Furoate and Vilanterol inhalation powder (Breo).
The Athlete applied for a TUE for the use of Medrol and Breo and on 8 November 2019 the USADA TUE Committee granted the use of Medrol.
Before the approval of the TUE the Athlete had participated in an IRONMAN triathlon on 2 November 2019 and was subjected to sample collection. Consequently in December 2019 the World Triathlon Corporation (WTC) reported an anti-doping rule violation against the Athlete after his A and B samples tested positive for the substance Vilanterol without a valid TUE. After notification in December 2019 a provisional suspension was ordered.
At the time of the notification the Athlete had no TUE for Vilanterol due to his applications for Breo had been repeatedly denied by the USADA TUE Committee and finally by the WADA Therapeutic Use Exemption Committee. Both Committees deemed that suitable permitted alternatives were available but were not prescribed by his pulmonologist.
In March 2020 the Athlete appealed with the Court of Arbitration for Sport (CAS) challenging the denial of his TUE applications for Breo. However on 5 August 2020 CAS dismissed the Athlete's appeal and deemed that the Athlete failed to demonstrate that the existing alternative therapies suggested by USADA were not reasonable.
Hereafter WTC resumed the proceedings against the Athlete and contended that the Athlete had committed an anti-doping rule violation on two occasions without a valid TUE. In view of the amendment in the WADA Prohibited List regarding Vilanterol, WTC requested for a reduced sanction of 2 years.
The Athlete admitted the violation and the use of Vilanterol in and out of competition between October and November 2019. He requested for a reduced sanction based on No Significant Fault or Negligence. He acknowledged that pending his TUE application he was warned by USADA when participating in a competition without a TUE he would commit an anti-doping rule violation.
The Sole Arbitration regards that the Athlete is highly experienced and fully aware of his anti-doping obligations. Further he establishes that at the relevant time USADA timely had processed and granted the Athlete's TUE application and that significant delays in the application were attributed to the Athlete.
Considering the Athlete's conduct in this case the Sole Arbitrator concludes that the he had acted negligently while he was duly informed by USADA about permitted alternative medication. As a result the Athlete failed to establish that he bears No Significant Fault of Negligence.
Due to the Vilanterol amendment of the WADA 2021 Prohibited List the Sole Arbitrator decides on 25 November to impose a reduced period of ineligibility on the Athlete. The period of ineligibility will start on the date of the provisional suspension, 5 December 2019, and end on 1 Januari 2021.
