ITF 2023 ITF vs Stefano Battaglino

In February 2023 the International Tennis Federation (ITF) reported an anti-doping rule violation against the Italian tennis player Stefano Battaglino after his A and B samples tested positive for the prohibited substance Clostebol in a low concentration.

Following notification a provisional suspension was ordered. The Athlete filed a statement in his defence and he was heard for the ITF Independent Tribunal.

The Athlete denied the intentional use of the substance and requested for a reduced sanction. He stated that during the match in Morocco he had a medical time-out and that the cream or lotion used by the tournament physiotherapist was the source of the positive test.

The Athlete argued that 21 days earlier he was tested without issues whereas he used to check thoroughly his medications and supplements for prohibited substances. Furthermore his attempts to contact the physiotherapist were unsuccesful.

The ITF contended that the Athlete failed to produce any corroborating evidence regarding the source of the positive test. No Clostebol creams are available in Morocco and the ITF deemed it highly unlikely that the tournament physiotherapist would use a product containing a prohibited substance at an ITF tennis tournament.

The Panel concludes that the Athlete has not, on a balance of probabilities, rebutted the presumption of intentionality. He failed to demonstrate with corroborating evidence how the prohibited substance had entered his system.

The Panel acknowledges that the tournament physiotherapist lack to respond substantially increased the difficulty for the Athlete to prove the source of the prohibited substance.

Therefore the ITF Independent Tribunal decides on 30 October 2023 to impose a 4 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 1 February 2023.

Original document

Parameters

Legal Source
Decisions International Federations
Date
30 October 2023
Arbitrator
Haskard, Dorian
Hendel, Clifford J.
Martinez, Lucy
Original Source
International Tennis Federation (ITF)
Country
Italy
Language
English
ADRV
Adverse Analytical Finding / presence
Legal Terms
Burdens and standards of proof
Case law / jurisprudence
Sport/IFs
Tennis (ITF) - International Tennis Federation
Analytical aspects
B sample analysis
Doping classes
S1. Anabolic Agents
Substances
Clostebol
Medical terms
Legitimate Medical Treatment
Document type
Pdf file
Date generated
8 January 2024
Date of last modification
23 January 2024
Category
  • Legal Source
  • Education
  • Science
  • Statistics
  • History
Country & language
  • Country
  • Language
Other filters
  • ADRV
  • Legal Terms
  • Sport/IFs
  • Other organisations
  • Laboratories
  • Analytical aspects
  • Doping classes
  • Substances
  • Medical terms
  • Various
  • Version
  • Document category
  • Document type
Publication period
Origin