CAS 2017/A/5477 Aaron Sloan v. Australian Sports Anti-Doping Authority (ASADA) & Baseball Australia (BA)
In April 2017 the Australian Sports Anti-Doping Authority (ASADA) reported an anti-doping rule violation against the baseball player Aaron Sloan after his A and B samples tested positive for the prohibited substance D-Methamfetamine.
Following notification a provisional suspension was ordered and ASADA proposed a sanction of 4 years. However the Athlete failed to repond within the set deadline. On 30 November 2017 he was deemed to have admitted the violation, to have waived his right for a hearing and to have accepted the sanction of 4 years proposed by ASADA.
Hereafter in December 2017 the Athlete appealed the Decision with the Court of Arbitration for Sport (CAS). He requested the Panel to set aside the Appealed Decision and to impose a reduced sanction.
The Athlete admitted the recreational use of D-Methamfetamine and explained that the night before the competition he had consumed alcohol with friends and used the substance. He asserted that the use occurred out-of-competition and not within the relevant 12 hours before the competition the next day.
ASADA and Baseball Australia contended that the Athlete failed to demonstrate that the use of D-Methamfetamine was not intentional, nor that it was used in a context unrelated sport performance. With expert evidence they challenged the Athlete's assertion that he had not used the substance within the relevant 12 hours prior to the competition.
Following assessment of the evidence the Sole Arbitrator concludes the Athlete failed to establish that the violation was not intentional. He could not demonstrate that the D-Methamfetamine was used out-of-competition nor in a context unrelated to sport performance.
Furthermore the Sole Arbitrator is satisfied that the Athlete has not discharged his onus of proving that he did not know there was a significant risk that the conduct might constitute or result in an anti-doping rule violation and that he did not manifestly disregard that risk.
Therefore the Court of Arbitration for Sport decides on 12 October 2017 that:
1.) The Appeal filed by Mr Aaron Sloan on 21 December 2017 against the Australian Sports Anti-Doping Authority and Baseball Australia concerning the decision of Baseball Australia rendered on 30 November 2017 is dismissed.
2.) The decision of Baseball Australia dated 30 November 2017 to impose a sanction of four years ineligibility upon Mr Aaron Sloan commencing on 26 April 2017 is confirmed.
(…)
5.) All further requests for relief are dismissed.
