Mr. Oleksandr Vasiliev is a Ukrainian athlete in the sport of IPC Shooting.
On 6 May 2011, Mr. Vasiliev (Respondent) competed at the 2011 IPC Shooting World Cup in Alicante, Spain, where he provided a sample for doping control.
The International Paralympic Committee (IPC) has reported an anti doping rule violation against Respondent after his sample tested positive for the prohibited substance hydrochlorothiazide.
The IPC notified Respondent of the doping violation and ordered a provisional suspension. The notification letter enclosed a letter “Letter of Decision” for the Respondent to complete and return to IPC by no later than 8 July 2011.
Respondent returned the signed Letter of Decision to the IPC in a timely fashion. In the Letter of Decision, Respondent stated that he:
- had no valid TUE justifying the presence of the Prohibited Substance found in his sample;
- accepted the A sample analysis and waives the right for the B sample analysis;
- accepted to have committed an anti-doping rule violation;
- challenged the consequences set out in the ‘Notification of an Adverse Analytical Finding’ and wished to submit information to support a claim for a reduced or eliminated period of ineligibility;
- waives the right to a Hearing.
On 27 July 2011 the IPC Governing Board accepted the recommendation of the IPC Anti-Doping Committee.
Respondent filed a statement in his defence and was heard for the IPC Anti-Doping Committee.
Respondent explained his medical record and stated he took a medication because of acute medical discomfort on his pre-existing condition, due to travel and late night arrival at the competition, on his own initiative without consultation with any of the support staff in attendance at the event. Respondent did not check the ingredient list of the medication package at the time he bought or used it.
The Hearing Panel finds that the absence of intentional use of the substance is proven, but ruled Respondent was negligent in his general anti-doping duties.
The IPC Anti-Doping Committee recommends the following to the IPC Governing Board:
a. Respondent’s individual results obtained at the 2011 IPC Shooting World Cup in Alicante, Spain, and at any other event from the date of 6 May 2011 onwards should be automatically disqualified, including forfeiture of any medals, points and prizes won;
b. A two-year period of ineligibility should be imposed on Respondent.
c. Respondent shall receive credit for the timely admission of the anti-doping rule violation and should therefore be declared ineligible from 6 May 2011 until 5 May 2013; and
d. A financial sanction of € 1.500,- should be imposed on Respondent.
