2022/ADD/52 International Olympic Committee (IOC) & Federation International de Ski (FIS) v. Ms Valentyna Kaminska - Partial Award
Ms Valentyna Kamiska is a Ukrainian cross-country skier, competing in the Women’s ski events at the Beijing Winter Olympics in February 2022.
In February 2022 the International Testing Agency, on behalf of the International Olympic Committee (IOC), reported an anti-doping rule violation against the Athlete after her A and B samples tested positive for the prohibited substances 1,4-dimethylpentylamine, Heptaminol and Mesterolone.
Ultimately in October 2022 the case was referred to the CAS Anti-Doping Division (CAS ADD) for a Sole Arbitrator first instance procedure. A Partial Award was rendered based on the written submissions of the Parties.
The Athlete admitted the violation, denied the intentional use and could not explain how the substances had entered her system. She assumed that contaminated supplements might be the source of the positve test.
In June 2022 the Athlete shipped five supplements to the Lausanne Laboratory for analysis. However the Laboratory established that these supplements tested negative for all three prohibited subsances.
In view of the evidence the Sole Arbitrator finds that the presence of the prohibited substances have been established in the Athlete's samples and accordingly that she committed an anti-doping rule violation. Consequently the Athlete's results obtained at the Beijing Winter Olympics shall be disqualified.
Therefore the Court of Arbitration for Sport decides on 6 March 2023 that:
1.) The request for arbitration filed by the International Testing Agency on behalf of the International Olympic Committee on 19 October 2022 is upheld.
2.) Ms. Valentyna Kaminska is found to have committed an anti-doping rule violation pursuant to Article 2.1 and/or Article 2.2 of the IOC Anti-Doping Rules applicable to the Games of the XXIV Olympic Winter Games Beijing 2022.
3.) The results obtained by Ms. Valentyna Kaminska in the Women’s Sprint Free, the Women’s 10km Classic shall be disqualified, with the resulting forfeiture of any and all medals, diplomas, points or prizes.
4.) The results obtained by the team of the Olympic Athletes from Ukraine in Women’s 4 x 5km Relay of 12 February 2022 event at the Olympic Winter Games Beijing 2022 are disqualified with the resulting forfeiture of any and all medals, diplomas, points or prizes.
5.) With the issuance of this Partial Arbitral Award, the IOC’s participation in this proceeding is hereby terminated.
6.) (…).
7.) (…).
8.) All other motions or prayers for relief are dismissed.
