2022/ADD/ 56 International Surfing Association v. Vasco Ribeiro
In May 2022 the International Testing Agency (ITA), on behalf of the International Surfing Association (ISA), reported an anti-doping rule violation against the Portuguese surfer Vasco Ribeiro for his Refusal or failure to submit to sample collection.
The Doping Control Officer (DCO) reported that in April 2022 the Athlete was present at his residence for an out-of-competition sample collection. Following notification the Athlete first called his coach and then he told the DCO he was instructed to refuse sample collection because het had consumed alcohol.
Although warned by the DCO about the consequences the Athlete persisted in his refusal. Thereupon the Athlete also ignored the DCO's phone calls outside his residence and refused to sign the Notification Form.
Following notification the Athlete filed a statement in his defence. Thereupon in December 2022 the case was referred to the CAS Anti-Doping Division (CAS ADD) for a Sole Arbitrator first instance procedure.
The ISA contended that it was undisputed that the Athlete had refused or failed to submit to sample collection. There was no compelling justification for his refusal and the Athlete was properly warned of the consequences of his refusal.
The Athlete acknowledged that he suffered from an additiction and that the night before he had used Cannabis and Cocaïne. Confronted with the DCO he had a severe anxiety and panic reaction because of what he prior had consumed.
He explained that he acted with ignorance, had not received anti-doping education and followed the wrong advice of his coach. Further he alleged that the DCO had informed him insufficiently about the consequences of his refusal.
In view of the evidence the Sole Arbitrator deems that the Athlete had refused or failed to submit to sample collection. Moreover the DCO had informed the Athlete that his refusal would produce serious consequences.
The Sole Arbitrator deems that the Athlete failed to demonstrate a compelling justification for his refusal and thus his anti-doping rule violation has been established. Further he considers that there are exceptional circumstances present in this case that justifies a reduction of the sanction based on his degree of fault.
Therefore the Court of Arbitration for Sport decides on 13 July 2023 that:
1.) The request for arbitration filed by the International Surfing Association against Vasco Ribeiro is partially upheld.
2.) Vasco Ribeiro has committed a violation of Article 2.3 of the ISA Anti-Doping Rules and is declared ineligible to compete for a period of three (3) years commencing as of the notification of the present Arbitral Award.
3.) All competitive results of Vasco Ribeiro from 17 April 2022 until the notification of the present Arbitral Award are disqualified with all of the resulting consequences including forfeiture of any medals, points and prizes.
4.) (…).
5.) (…).
6.) All other motions or prayers for relief are dismissed.
