Related case:
SDRCC 2021 CCES vs Dimitrios Papanikolaou
May 19, 2023
In December 2021 the Canadian Centre for Ethics in Sport (CCES) reported anti-doping rule violations against the Athletes Constantinos and his brother Dimitrios after their A and B samples - collected in October 2021 - tested positive for the prohibited substance LGD-4033 (Ligandrol).
Following notification a provisional suspension was ordered. With delays in the proceedings the CCES agreed in September 2022 to lift the provisional suspension at the request of the Athletes.
Hereafter in November 2022 the CCES reported new anti-doping rule violations against these Athletes after their A and B samples - collected in October 2022 - again tested positive for the substance LGD-4033.
Following notification in November 2022 of these second anti-doping rule violations the provisional suspension was again imposed. The Athletes filed statements in their defence and were heard for the Tribuanl of the Sport Dispute Resolution Centre of Canada (SDRCC).
The Athletes admitted the violations and denied the intentional use of the substance. They asserted that their first violations were caused by a contaminated supplement Plantman Multivitamin they had used.
Furthermore the Athletes admitted their second anti-doping rule violations and denied the intentional use. They alleged that the second positive test was caused by residual presence of the substance after their use of the Plantman supplement a year before.
The CCES contended that the Athletes failed to demonstrate that their first anti-doping rule violations were caused by a contaminated product, nor that the admitted violations were not intentional. Alternatively, if the violations were not intentional the CCES deemed that the Athletes acted with significant fault and negligence.
In the matter of the second anti-doping rule violations the CCES rejected the Athletes' explanation about the presence of the substance in their samples. The CCES contended that the Athletes failed to establish with corroborating evindence that their second violations were not intentional.
Following assessment of the evidence and the Parties' arguments the Arbitrator deems that:
- The Plantman supplement in question falls outside of the definition of a contaminated product because the prohibited substance found in the Plantman is disclosed in information available in a reasonable internet seach.
- The Athletes have demonstrated that their first violations were caused by their use of the Plantman Multivitamin.
- The Athletes failed to demonstrate that their first violations were not not intentional.
- The Athlete failed to produce any evidence to support their assertion that their second violations must have been caused by Plantman residue.
- The Athletes failed to demonstrate that their second violations were not intentional.
- There are a series of errors in judgement and actions taken by the Athletes whereas they disregarding all risks and warnings repeatedly regading supplement use.
- The unknown circumstances of the seconds violations counterbalance any reduction in sanction that might have been possible when making a determination on the entirety of the circumstances of the first violations.
- The Athletes' second anti-doping rule violations carry a period of ineligibility of 8 years.
- As the first anti-doping rule violations carry a period of ineligibility of 4 years, the total period of ineligibility applicable as a result of both anti-doping rule violations is 12 years.
Therefore the SDRCC Tribunal decides on 19 May 2023 that:
- The Athlete Constantinos Papanikolaou has committed 2 anti-doping rule violations for the use and presence of LGD-4033 (Ligandrol).
- The Athlete Dimitrios Papanikolaou has committed 2 anti-doping rule violations for the use and presence of LGD-4033 (Ligandrol).
- The applicable period of ineligiblity for these anti-doping rule violations is 12 years.
- The sanctions are to be served consecutively and terminate on February 25, 2034.
- The Athletes will receive credit for the two periods of provisional suspension already served.
