CAS 2022/A/8809 World Anti-Doping Agency (WADA) v. Russian Anti-Doping Agency (RUSADA) & Alexey Slepov
In January 2021 the Russian Anti-Doping Agency (RUSADA) reported an anti-doping rule violation against the Biathlete Alexey Slepov for 3 whereabouts failures and 2 missed tests within a 12 month period.
During the 1st and 2nd whereabouts failures the Athlete was included in the Registered Testing Pool (RTP) of the International Biathlon Union (IBU). During his 3rd whereabouts failure he was included in the RTP of RUSADA since 1 May 2020.
On 11 February 2022 the RUSADA Disciplinary Anti-Doping Committee (DADC) decided to impose a 1 year period of ineligibility on the Athlete without disqualification of his results.
Hereafter in April 2022 the World Anti-Doping Agency (WADA) appealed the DADC Decision with the Court of Arbitration for Sport (CAS). WADA requested the Panel to set aside the Appealed Decision and to sanction the Athlete for 2 years.
Both WADA and RUSADA contended that the Athlete had admitted the violation and acknowledged that he had acted negligently. Although the Athlete did not sought any mitigation it was the sole initiative of the DADC to reduce the standard sanction.
The Sole Arbitrator assessed and addressed the evidence in this case and determines that:
- WADA established that the Athlete had a combination of 2 missed tests and 1 filing failure within 12 months.
- The Athlete committed an anti-doping rule violation.
- The Athlete is higly experienced, provided whereabouts information for many years and has been subject to doping control since 2012.
- His degree of fault is high and there are no grounds for a reduced sanction.
Therefore the Court of Arbitration for Sport decides on 5 September 2023 that:
1.) The appeal filed by the World Anti-Doping Agency (WADA) on 12 April 2022 against the decision rendered by the Disciplinary Anti-Doping Committee of the Russian Anti-Doping Agency (RUSADA) on 30 September 2021 in the matter concerning Alexey Slepov is upheld.
2.) The decision rendered by the Disciplinary Anti-Doping Committee of the Russian Anti-Doping Agency (RUSADA) on 30 September 2021 in the matter concerning Alexey Slepov is amended as follows:
(i) Alexey Slepov shall serve a period of ineligibility of twenty-four (24) months as from the date of this award, with credit given for the period of ineligibility already served from 30 September 2021 until and including 29 September 2022.
(ii) All competitive results achieved by Alexey Slepov from 1 July 2020 through 30 September 2021 shall be disqualified with all resulting Consequences, including forfeiture of all medals, points and prizes.
3.) (…).
4.) (…).
5.) All other motions or prayers for relief are dismissed.
