2022/ADD/52 Federation International de Ski (FIS) v. Ms Valentyna Kaminska
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. Following notification a provisional suspension was ordered.
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.
Consequently the CAS Sole Arbitrator decided on 6 March 2023 that the Athlete had committed an anti-doping rule violation. Also the Athlete's results obtained at the Beijing 2022 Winter Olympics were disqualified.
Hereafter the proceedings against the Athlete were continued by the Internationation Ski Federation (FIS) regarding the further consequences of the anti-doping rule violation to be imposed on the Athlete.
The Athlete admitted the violation, waived her right for a hearing and accepted the sanction proposed by FIS. She denied the intentional use of the substances, requested for a reduced sanction and argued that she had been tested before without issues.
The Athlete was unable to demonstrate the source of the substances. She assumed that contaminated supplements might be the source of the positve test.
Because of the war in Ukrain the Athlete was only able to ship 5 of her 14 supplements she had used in June 2022 to the Lausanne Laboratory for analysis. However the Laboratory established that these supplements tested negative for all three prohibited subsances.
FIS contended that the Athlete had committed an anti-doping rule violation and failed to establish that the violation was not intentional, nor the source of the prohibited substances. Accordingly FIS requested the Panel to impose a sanction of 4 years on the Athlete.
The Sole Arbitrator confirms that the presence of the prohibited substances had been established in the Athlete's samples and accordingly that she had committed an anti-doping rule violation.
The Arbitrator determines that the Athlete had admitted the violation, yet failed to demonstrate that the violation was not intentional. He considers that the war in Ukrain makes it difficult for the Athlete, if not impossible, to identify the source of the prohibited substance.
The Arbitrator deems that the fact that three different substances were found in the Athlete's samples does lessen the propability of contamination. Furthermore the Arbitrator is not satisfied that the Athlete took all possible steps to determine the origin of the contamination.
Therefore the Court of Arbitration for Sport decides on 7 November 2023 that:
1.) The Application filed by the Fédération Internationale de Ski & Snowboard on 3 April 2023 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 FIS ADR.
3.) Ms. Valentyna Kaminska is is sanctioned with a period of ineligibility of four (4) years starting on the date on which the CAS award enters into force. The period of ineligibility served during the period of provisional suspension imposed on Ms Valentyna Kaminska from 21 February 2022 through the date of the present Award shall be credited against the total period of ineligibility.
4.) (…).
5.) (…).
6.) All other motions or prayers for relief are dismissed.
