facts
Antony Dupuis (player) was reported for a violation of the Anti-Doping Rules(ADR) as a result of a positive doping test on May 2, 2006, Tunis Challanger Event in Tunis, Tunisia. His sample showed the presence of the prohibited substance salbutamol. The player admits the doping offense but claims no fault or negligence.
history
The player suffered from asthma and allergic symptoms since childhood. He uses an inhalator with ventoline which contains salbutamol, for which he doesn't have an abbreviated therapeutic use exemption (ATUE) or therapeutic use exemption (TUE). However the player's doctor signed a certificate but the date is unclear (2005 or 2006). The player claims not to have know he needed a TUE.
submissions ITF
The ITF strongly disputed the proposition of the player that he was without fault but did not assert that the player intended to enhance his sporting performance.
Decision
The tribunal:
(1) confirms the commission of the doping offense specified in the notice of charge set out in the ITF’s letter to the player dated 1 August 2006: namely that a prohibited substance, salbutamol, has been found to be present in the urine specimen that the player provided on 2 May 2006 at the Tunis Challenger Event in Tunis, Tunisia;
(2) orders that the player’s individual result must be disqualified in respect of the Tunis Challenger Event, and in consequence rules that the one ranking point and the prize money of US $1,300 obtained by the player through his participation in that competition, must be forfeited;
(3) orders, further, that the player’s individual results in competitions subsequent to the Tunis Challenger Event shall be disqualified and all prize money and ranking points in respect of those competitions forfeited;
(4) finds that the player has succeeded in establishing on the balance of probabilities that his use of salbutamol leading to the positive test result was not intended to enhance sport performance;
(5) declares the player ineligible for a period of 2½ months, running from 27 August 2006 until midnight London time on 10 November 2006, from participating in any capacity in any event or activity (other than authorized anti-doping education or rehabilitation programs) authorized by the ITF or any national or regional entity which is a member of or is recognized by the ITF as the entity governing the sport of tennis in that nation or region.
