NADAP Isabel Grech vs ADC - Appeal

Related case:

NADDP 2020 ADC vs Isabel Grech
January 4, 2021

On 4 January 2021 the National Anti-Doping Disciplinary Panel decided on 4 January 2021 to impose a 4 year period of ineligibility on the volleyball player Isabel Grech for her refusal to submit to sample collection.

In first instance the Panel established that the Athlete was duly warned by the Doping Control Officer of the consequences for her refusal. Further she failed to be aware of the anti-doping rules and that she could apply for a TUE regarding her prescribed medication she used.

Hereafter In January 2021 the Athlete appealed the Decision with the National Anti-Doping Appeal Panel. She requested to set aside the Appealed Decision and for a reduced sanction.

The Athlete admitted the violation and denied that she acted intentionally. She asserted that there were mittigating circumstances for the imposition of an reduced sanction.

In view of the Athlete's conduct the Appeal Panel holds that it is undisputed that the Athlete had refused to submit to sample collection and accordingly that she committed an anti-doping rule violation.

The Appeal Panel concludes that the Athlete was fully aware of the consequences of her refusal to submit to sample collection. The Appeal Panel also did not accept that an experienced Athlete, for 20 years involved in Volleybal, was unaware of the anti-doping rules and the necessity to apply for a TUE.

Therefore the Appeal Panel decides on 28 February 2021 to dismiss the Athlete's Appeal and to uphold the Appealed Decision for the imposition of a 4 year period of ineligibility, starting on the date of the provisional suspension, i.e. on 3 February 2020.

Original document

Parameters

Legal Source
National Decisions
Date
28 February 2021
Arbitrator
Cascun, Carmel
Cassar, Maria
Consiglio, Sonia
Original Source
National Anti-Doping Organisation of Malta (NADOMALTA)
Country
Malta
Language
English
ADRV
Refusal or failure to submit to sample collection
Legal Terms
Admission
Case law / jurisprudence
Intent
Negligence
Sport/IFs
Volleyball (FIVB) - International Volleyball Federation
Other organisations
National Anti-Doping Commission of Malta
National Anti-Doping Organisation Malta (NADOMALTA)
Medical terms
Legitimate Medical Treatment
Document type
Pdf file
Date generated
9 November 2022
Date of last modification
20 July 2023
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