In August 2022 the Canadian Centre for Ethics in Sport (CCES) reported an anti-doping rule violation against the equestrian Athlete Ben Asselin after his sample tested positive for the prohibited substances Amfetamine and Dexamphetamine (d-amphetamine, dextroamphetamine).
Following notification a provisional suspension was accepted by the Athlete. He filed a statement in his defence and he was heard for the Tribunal of the Sport Dispute Resolution Centre of Canada.
The Athlete (28) suffers from sustained attention, impulsivity, hyperactivity and executive functions. A scheduled testing for ADHD in November 2021 was postponed while he used his Vyvans self-medication a few days before testing in June 2022.
After the positive test the Athlete received a prescription for his Vyvans medication in August 2022 while he was formally diagnosed with ADHD in September 2022. In October 2022 he filed an application for both a retroactive and prospective TUE.
Thereupon in January 2023 the Athlete's prospective TUE for the use of his medication was granted. However his retroactive TUE was denied because at the time of the use of the medication there had been no diagnosis of a medical condition.
The Athlete admitted the violation and denied the intentional use of the substance. He requested for a reduced sanction due to his medication was used out-of-competition as treatment for his ADHD and unrelated to sport performance.
CCES contended that the Athlete at the material time had used a prohibited substance without an official diagnosis for ADHD and without a valid TUE. Only after the sample collection there was issued a medical prescription, an official diagnosis and a TUE application.
In view of the evidence the Sole Arbitrator finds that the Athlete's violation was not intentional and that the substance was used as treatment for his ADHD. Although at that time he had no formal diagnosis, he made an honest mistake and he admitted his failure.
Therefore the SDRCC Tribunal decides on 16 June 2022 to impose a 14 month period of ineligibility on the Athlete, starting on the date of his provisional suspension, i.e. on 16 August 2022.
