facts
Holger Fischer (player) was reported for an Anti-Doping Rules Violation (ADRV). During the Swiss Tennis Satellite Circuit Masters event in Montreaux, Switzerland, an urine sample was taken. This doping test was positive for the prohibited substance carboxy-THC a metabolite of cannabis. Also he B-sample analysis tested positive on the substance. The player admits the doping offense and the case was handled without oral hearing.
history
Either shortly before or during that tournament he went out with friends to a discotheque in Lausanne, Switzerland, where he unwisely accepted an offer of some cookies laced with cannabis, without stopping to think that he would be or could thereby be committing a doping offense.
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 5 January 2006: namely that a prohibited substance, Carboxy-THC, a cannabis metabolite, has been found to be present in the urine specimen that the player provided at the Swiss Tennis Satellite Circuit Masters event at Montreux on 22 September 2005;
(2) orders that the player’s individual result must be disqualified in respect of the Swiss Tennis Satellite Circuit Masters event, and in consequence rules that the four ranking points and the prize money of US $635.94 obtained by the player through his participation in that event, must be forfeited;
(3) finds that the player has succeeded in establishing on the balance of probabilities that his use of cannabis leading to the positive test result in was not intended to enhance sport performance;
(4) declares the player ineligible for a period of three months running from 25 September 2005 to 24 December 2005 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.
