ITF 2021 ITF vs Varvara Lepchenko

In August 2021 the International Tennis Federation (ITF) has reported an anti-doping rule violation against the Uzbek American tennis player after her A and B samples tested positive for the prohibited substances Adrafinil and Modafinil in a low concentration.

After notification a provisional suspension was ordered. The Athlete filed a statement in her defence and she was heard for the ITF Independent Tribunal.

The Athlete accepted the test results, denied the intentional use of the substances and attempted to find the source of the positive test. Yet she could not explain how the substances had entered her system. Following the notification of the positive samples the conducted analysis in a laboratory of the supplements in her possession revealed no prohibited substances.

The Athlete argued that she had been tested nearly 60 times in her career, and prior to the positive test she also had been tested without issues. Since she tested positive for Meldonium in 2016 - establishing No Fault Or Negligence - she asserted that she became extremely careful about what she ingested.

ITF contended that the Athlete failed to demonstrate how the prohibited substances had entered her system and failed to mention any medication or supplement on the Doping Control Form.

ITF finds that the Athlete's explanations were very vague about what she had consumed, and also vague about the reseach she conducted on the products before using. Further ITF questioned the qualifications of her holistic nutritionist who had recommended and provided some supplements and then used by the Athlete without being tested in a laboratory.

The Panel agrees that the Athlete provided a vague account of supplement use, non of which was disclosed on the Doping Control Form, which raises more questions than answers. The Panel holds that there is in fact no evidence whatsoever that the supplements in question were the source of the prohibited substances.

Considering the lack of corroborating evidence the Panel concludes that the Athlete failed to demonstrate the source of the prohibited substances. Neither did the Athlete demonstrate that the violation was not intentional, nor established grounds for a reduced sanction on the basis of proportionality.

Therefore the ITF Independent Tribunal decides on 3 March 2022 to impose a 4 year period of ineligibility on the Athlete, starting on the date of the provisional  suspension, i.e. on 19 August 2021.

Original document

Parameters

Legal Source
Decisions International Federations
Date
3 March 2022
Arbitrator
Casement, David
O'Driscoll, Gary
Riedl, Erika
Original Source
International Tennis Federation (ITF)
Country
United States of America
Language
English
ADRV
Adverse Analytical Finding / presence
Legal Terms
Admission
Burdens and standards of proof
Case law / jurisprudence
Principle of proportionality
Sport/IFs
Tennis (ITF) - International Tennis Federation
Laboratories
Montreal, Canada: Laboratoire de controle du dopage INRS-Institut Armand-Frappier
Analytical aspects
B sample analysis
Doping classes
S6. Stimulants
Substances
Adrafinil
Modafinil
Various
Doping control
Supplements
Document type
Pdf file
Date generated
15 March 2022
Date of last modification
6 April 2022
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