facts
Graydon Oliver (player) appealed for a hearing held on January 28, 2004. During the ATP sanctioned tournament the "NASDAQ-100 Open" in Miami, Florida, on March 25, 2003, he provided a urine sample. His A- sample was tested positive for the prohibited substance hydrochlorothiazide, the B-sample confirmed the existence of the prohibited substance. Another sample provided by the player tested negative on the prohibited substance.
history
Player uses a product for sleep management, testing this product at the lab of Aegis Science Corporation revealed the prohibited substance consistent with those of the player. The player accepts a voluntary suspension.
It is confirmed that the player used a contaminated supplement unknowingly which means his case is seen as exceptional circumstances. Also the quantity of the prohibited substance would not have been enough to enhance sport performance. The possibility that this diuretic detected could mask the of anabolic steroids is absent in this case. It is a technical violation of the Anti-Doping Rules.
The prohibited substance was not on the label of the product nor was there a website to determine the ingredients. These facts are a classical illustration to all sport persons of the problems using supplements of any kind and homeopathic herbal supplements in particular. The ATP has issued warning about the use of supplements.
decision
The decision is that a first doping offence has occurred, prize money race/entry ranking points earned at the tournament "Nasdaq-100 Open" will be forfeited. No order is made for the forfeiture of race/entry ranking points or prize money earned at ATP sanctioned or recognized events subsequent to the "Nasdaq-100 Open" until the commencement of the suspension herein. By the principle lex mitior and upon findings of exceptional circumstances a period of suspension for two months is to be served. The suspension will commence on the date of the decision.
