facts
Ms Ilanit Fridman (player) was reported for a violation of the Anti-Doping Rules (ADRV). During the Open Wheelchair Tennis Championships in San Diego, California, the player provided an urine sample for a doping test. The sample tested positive for terbutaline which is a prohibited substance. After receiving notice of the positive test she took a voluntary suspension.
history
The player is paraplegic due to a car accident and confined to a wheelchair. She was diagnosed for asthma and uses an inhaler since childhood, she claims this inhaler contained the terbutaline. A doctor provided a statement she was treated with an inhalator containing salbutamol, but it is likely the doctor obtained the information from the player. The player did sent in a therapeutic use exemption (TUE) but addressed it to the wrong organization.
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 January 25, 2006: namely that a prohibited substance, terbutaline, has been found to be present in the urine specimen that the player provided on October 5, 2005, at the US Open Wheelchair Tennis Championships in San Diego, California;
(2) orders that the player’s individual result must be disqualified in respect of the singles and doubles events at the US Open Wheelchair Tennis Championships 2005, and in consequence rules that the 38 ranking points in respect of the singles event and the 75 ranking points in respect of the doubles event, and the prize money of US $78 in respect of the singles event, and of US $20 in respect of the doubles event, obtained by the player through her participation in that competition, must be forfeited;
(3) orders, further, that the player’s individual results in the competition in which she took part subsequent to the US Open Wheelchair Tennis Championships 2005, shall not be disqualified but shall remain undisturbed;
(4) finds that the player has succeeded in establishing on the balance of probabilities that her use of terbutaline leading to the positive test result was not intended to enhance sport performance;
(5) declares the player ineligible for a period of one month, running from December 24, 2005, to January 23, 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.
