Related case:
ADDPI 2022_215 INADA vs Mickey Menenzes
October 7, 2022
On 29 Juni 2021 the Anti-Doping Disciplinary Panel of India (ADDPI) decided to impose a 4 year period of ineligibility on the Athlete Kirti Bhoite after she tested positive for the prohibited substance Drostanolone. Hereafter the Athlete appealed the Decision with the Anti-Doping Appeal Panel of India (ADAPI).
The Athlete admitted the violation, denied the intentional use of the substance and requested for a reduced sanction. She asserted that the source of the positive test were the supplements she had used provided by her coach.
Thereupon her coach failed to respond to her calls and she had filed a complaint against him. An investigation report of the Maharashtra Athletics Association (MHAA) about her coach was not included into the first instance proceedings.
INADA contended that the Athlete failed to demonstrate how the substance entered her system and she also didn't mention this product on the Doping Control Form.
The Appeal Panel established that the MHAA investigation report confirmed that the Athlete's coach had provided a number of supplements to the Athlete which were used without issues. Further he had introduced a new product that was injected. He asserted that he was unaware that this product contained a prohibited substance. The MHAA concluded that the coach had acted recklessly and negligently and it had imposed a 4 year period of ineligibility on him.
The Appeal Panel confirms that the presence of the prohibited substance has been established in the Athlete's sample and accordingly that she committed an anti-doping rule violation. In view of the evidence in this case the Appeal Panel concludes that the Athlete's violation was not intentional and that she had acted with a normal degree of fault.
The Panel considers that the coach owed the Athlete a high duty of care because he was a coach, and as such someone in whom the Athlete placed considerable trust. The Appeal Panel deems that the coach had acted far from the standard of care and alertness required of him in his professional duty as a coach.
Therefore ADAPI decides on 18 April 2022 to set aside the ADDPI Decision of 29 June 2021 and to impose a 2 year period of inelibibility on the Athlete, starting on the date of the provisional suspension, i.e. on 9 March 2020.
