Appellant appealed against decision of the ATP Tour. During a doping control a violation of the Anti-Doping regulation (ADR) occurred, his A-sample contained the prohibited substances noranderosterone and noretiocholanolone. Also the B-sample was tested positive on these substances, therefore appellant stayed in voluntary suspension. The hearing of the tribunal was held in the appropriate time limit on April 22, 2003.
A written statement was delivered and an expert report was filed. Sworn affidavits of each witness intended to be called as a witness. There was a difference in the amount of nandrolone in the A and B sample mentioned in the lab reports but this was due to standards of limits for measuring.
The appellant has been found guilty for a doping offence. However he has no idea how the substance had entered his body also the minimal level of the test results would not have enhanced his sport performance.
The test result are regarded as valid although the variation in the A and B-sample. There are cases (Meca-Medina) which describe the result mentioned as a grey zone due to endogenous production of nandrolone, the tribunal rejects these submissions.
The ADR shows that an athlete is responsible for what is in his body. Endogenous production or consumption contaminated meat only conveal trace amounts of nandrolone metabolites, there is no basis for that in de appellant's sample.
For not knowing how the prohibited substance entered his body there are no grounds for exceptional circumstances.
The decision is a mandatory two year suspension, commencing on 26 October 2002 till 25 October 2004, collected prize money in the ATP 2002 has to be returned and points earned are struck out. Also prize money of other games in that period have to be returned and points gained are struck out.
ITF 2003 Bohdan Ulihrach vs ATP Tour
Original document
Parameters
- Legal Source
- Decisions International Federations
- Date
- 1 March 2003
- Arbitrator
- De Rose, Eduardo Henrique
- Marti, Arturo
- McLaren, Richard H.
- Original Source
- International Tennis Federation (ITF)
- Country
- United States of America
- Language
- English
- ADRV
- Adverse Analytical Finding / presence
- Legal Terms
- Exceptional circumstances
- Provisional suspension
- Sport/IFs
- Tennis (ITF) - International Tennis Federation
- Other organisations
- Association of Tennis Professionals (ATP)
- Laboratories
- Lausanne, Switzerland: Laboratoire Suisse d’Analyse du Dopage
- Moscow, Russia: Antidoping Centre Moscow [*]
- Analytical aspects
- B sample analysis
- Reliability of the testing method / testing result
- Doping classes
- S1. Anabolic Agents
- Substances
- 19-norandrosterone
- 19-noretiocholanolone
- Nandrolone (19-nortestosterone)
- Various
- Sample collection procedure
- Document type
- Pdf file
- Date generated
- 3 July 2013
- Date of last modification
- 5 March 2014