Facts
Alex Bogomolov Jr (player) was reported for a doping offence during the Australian Open 2005 in Melbourne. The player tested positive on the prohibited substance salbutomol. He doesn't dispute the use of this substance but it was not intended to enhance sport performance. Also he claims no fault or negligence for this offense.
The oral hearing took place in New York City on September 2, 2005.
History
The player had a temporary exemption for the use of salmeterol and salbutamol, he uses an inhaler for asthma. Resuming to use the exemption failed, because the handling practitioner didn't receive the fax for giving further details about the medication, the case was put on hold. Finally an exemption was granted but it was until 31 December 2004, the year that the application form was handled. The player took part of the Australian Open 2005 without knowing his TUE had expired.
Considerations
The panel concludes that not knowing that the prohibition applied to him is not a "no fault or negligence". They do agree that the substance wasn't used to enhance sport performance. The panel regards that it's the player's responsibility to look after the correct procedure toward a TUE and it's validness.
Decision
The decision is that a doping offense has occurred on January 13, 2005. All individual results of the Australian Open are disqualified, prize money and ranking points obtained must be forfeited. Individual results in competition subsequent to the Australian Open shall be disqualified, all prize money and ranking points for those competitions are forfeited, up and to the Mexico City Challenger (April 4-10, 2005), all results subsequent to the Mexico City Challenger shall remain undisturbed.
There was no intention to enhance sport performance.
The period of ineligibility will be 1,5 month starting on September 26,2005, expiring at 12 noon London time November 10, 2005.
