In April 2022 the International Tennis Integrity Agency (ITIA) on behalf of the International Tennis Federation (ITF) reported that the Spanish tennis player Fernando Verdasco tested positive for the prohibited substance Methylphenidate without a valid TUE.
Following notification the Athlete denied the intentional use of the substance and argued that he acted with No Significant Fault or Negligence. He demonstrated with evidence that he used prescribed Ritalinic (Methylphenidate) as medication for his Attention Deficit Hyperactivity Disorder (ADHD).
The Athlete had a valid TUE since 2017 for the use of this medication, yet at the material time he was unaware that his TUE had expired. He was affected in 2021 and 2022 by periods of injury, surgery, and recovery, and Covid-19 pandemic-related lockdowns.
Following invitation by the ITIA the Athlete made applications for both a retroactive and a prospective TUE. However the ITIA TUE Committee rejected both applications.
Thereupon WADA only approved the Athlete's application for the prospective TUE. Meanwhile the Athlete appealed the rejection regarding the retroactive TUE with the Court of Arbitration for Sport (CAS).
After the charge for the reported anti-doping rule violation in November 2022 the Athlete gave a prompt admission, waived his right for a hearing, accepted a provisional suspension and the sanction proposed by the ITIA.
In view of the circumstances the ITIA accepts that the violation was not intentional and the result of his use of the prescribed medication as treatment for his ADHD. THe ITIA considers that the Athlete mentioned his medication on the Doping Control Form and deems that there are sufficient grounds for a reduced sanction.
Therefore the ITIA decides on 26 November 2022 to impose a 2 month period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 9 November 2022.
