In October 2022 the International Testing Agency (ITA), on behalf of the International Equestrian Federation (FEI), reported an anti-doping rule violation against the Argentine Athlete Fabian Sejanes after his sample tested positive for the prohibited substance Hydrochlorothiazide.
Following notification the Athlete filed a statement in his defence. The FEI Tribunal Hearing Panel rendered a decision based on the written submisssions of the Parties.
The Athlete demonstrated with medical documents that the source of the prohibited substance was his medication. This was prescribed by his cardiologist since 2014 as treatment for his chronic medical condition.
Thereupon the Athlete's application for a retroactive TUE was rejected by the FEI TUE Committee because he was not considered an international level-athlete. Also the Argentine TUE Committee rejected his TUE application because there was not provided adequate medical justification for its use.
Only in July 2023 the Athlete made an application for a prospective TUE and he continued to participate into competitions without a valid TUE. He alleged that the Olympic Committe of Argentina had advised him to stop using his medication before participating in the Tokyo Olympics.
FEI accepted that the Athlete's violation was not intentional and requested for a fine and a reduced sanction. Although there are grounds for No Significant Fault or Negligence FEI contended that the Athlete also acted negligently with the Rules and the relelevant TUE requirements and process.
Further FEI deemed that the Athlete had not accepted a voluntary provisional suspension whereas he continued to compete without a valid TUE. Not until July 2023 he made an application for a prospective TUE.
The Panel assessed and addressed the evidence and the Athlete's conduct in this case. Ultimately the Panel determines that:
- The Athlete's violation is not intentional.
- There are grounds for No Significant Fault or Negligence.
- The prohibited substance was prescribed for a legitimate medical treatment.
- The Athlete provided insufficient medical documents for his retrospective TUE applications.
- He waited 5 months before he made and application for a prospective TUE in July 2023.
- The Athlete continued to disrespect the Rules and the value of clean sport.
- The is no corroborating evidence that the Argentine Olympic Committee had advised him to stop taking his medication before participating in the Tokyo Olympics.
Therefore the Panel decides on 27 October 2023 that:
- Mr. Sejanes violated Articles 2.1 and 2.2 of the ADRHAs.
- Mr. Sejanes is suspended for a period of eighteen (18) months effective from the date of notification of this Decision pursuant to Article 10.14 of the ADRHAs.
- All results obtained by Mr. Sejanes at the Event are disqualified, with all resulting consequences, including forfeiture of any medals, points and prizes pursuant to Articles 9 and 10.1 of the ADRHAs.
- All other competitive results obtained by Mr. Sejanes from the date of his sample collection (i.e., 11 August 2022) are disqualified, with all resulting consequences, including forfeiture of any medals, points and prizes pursuant to Article 10.10 of the ADRHAs.
- Mr. Sejanes is ordered to pay a fine of three thousand Swiss Francs (CHF 3’000).
- Mr Fabian is ordered to pay one thousand five hundred Swiss Francs (CHF 1’500) as a contribution to the legal costs that the FEI has incurred in these proceedings.
