ITF 2003 Bohdan Ulihrach vs ATP Tour

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.

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
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  • ADRV
  • Legal Terms
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  • Laboratories
  • Analytical aspects
  • Doping classes
  • Substances
  • Medical terms
  • Various
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Origin