Facts
Miguel Gallardo Valles (player) provided an urine sample during the ATP sanctioned Tournament "Stella Artois Championships" in London, England on June 4, 2005. His A sample showed the prohibited substance cannabis (11-nor-9-carboxy-delta9-tetrahydrocannobinol). His B sample analysis confirmed the presence of the prohibited substance.
History
The player believes that the positive test originates from an attended post-event party in Germany on May 23, 2005. He was persuaded to smoke marijuana, which was his first time in life. He is concerned about the embarrassment this matter will bring to himself, his family and the sport of tennis and deeply regrets the mistake he has made.
He started with a voluntary suspension on August 29, 2005.
written submissions player
Player asks for a minimum sanction, a suspension of two months with reference at the "Melle van Gemerden" and "Oliver case".
He didn't intend to enhance his sport performance.
written submissions ATP
The counsel for the ATP thinks a period of ineligibility of 60 days is appropriate, the player admits his doping offense and it is his first doping offense. The use of the prohibited substance was not intended to enhance sport performance. The period of voluntary suspension should be considered within his period of ineligibility.
Decision
The Tribunal makes the following orders.
1. The Player under Rule K. 1.c admitted a first doping offense thereby establishing the doping offense defined in Rule C
1. The doping offense involved the use of a Specified Substance Cannabinoids referred in S. 8 of Appendix Three "The 2005 Prohibited List".
2. Rule L. 1 disqualifies the results obtained at the "Stella Artois Championships" in London, England June 5 2005. Any medals, titles, computer ranking points and prize money (without reduction of tax) obtained at the competition are forfeited. The commencement of the foregoing consequences is to be effective in accordance with Rule M. 8.
3. Under rule m. 3. the period of ineligibility otherwise applicable is determined to be time served to date of this decision. In accordance with Rule M. 8. c. i. this suspension shall be deemed to commence on September 15, and cease on the day ate this decision is dated but not later than November 10, 2005.
4. Under Rule M. 7. fairness dictates that there is no disqualification of results from the time of sample collection until the commencement of the period of ineligibility on September 15, 2005.
