Related case:
ISADDP 2015 ISC & AI Disciplinary Decision 20143457
July 16, 2015

In June 2014 the Irish Sports Council (ISC) has reported an Anti-Doping Rule Violation against the Athlete IS-3457 (the Athlete) after his A and B (urine) samples tested positive for the prohibited substance recombinant human erythropoietin (rhEPO),

In this preliminary proceeding the Athlete disputed the validity of the test results and requested a DNA analysis of the samples. The Athlete argued that:
- his blood analysis were negative;
- the documentation for the sequence of events was incorrect;.
- he is innocent of any wrongdoing.

The Cologne laboratory stated to the Irish Sports Council that the Athlete's B blood sample could not be frozen and therefore was not suitable for long-term storage and had been destroyed. Also the Athlete's blood sample was not tested for EPO.
DNA analysis of the urine B-sample as requested by the Athlete was not performed because of the high costs.

Considering the costs of testing and the Athlete's arguments the Panel decides to refuse new tests for the Athlete's B sample.

In June 2014 the Irish Sports Council (ISC) has reported an Anti-Doping Rule Violation against the Athlete IS-3456 (the Athlete) after his A and B samples tested positive for the prohibited substance clenbuterol.

The Athlete stated that he had mentioned on the doping control form the use of certain prescribed or non-prescribed medications and/or supplements within the previous 14 days.
The Athlete claimed that the positive test result was caused by the consumption of imported contaminated meat. He had heard from a customerr in his butcher shop that the meat was imported and not produced in Ireland. In support of his claim the Athlete produced the test results of a laboratory indicating the presence of the prohibited substance in the meat from his butcher.

The Panel concudes that the meat samples were bought from his butcher and were delivered directly to the lab. However he failed to produce the receipts from his butcher. The bags from the butcher were not identical to the bags delivered at the laboratory. Also the test results from the laboratory had a fault due to the level of clenbuterol was lower as calculated. Other tests showed there was no clenbuterol in the meat of the butcher. Also the butcher stated that his meat is produced in Ireland and therefore the chance of contamination is smaller because of the strict meat control in Ireland.

Considering the results of the investigations from the Food Safety Authority of Ireland the Panel rules that the Athlete failed to prove the contamination of the meat and instead that the Athlete had made false statements.
Also the Athlete had participated in a cycling event under the Rules of Cycling Ireland after the provisional suspension was ordered. With aggravating circumstances the Panel decides on 27 July 2015 to impose a 4 year period of ineligibility on the Athlete.

Facts
Drug Free Sport New Zealand (DFSNZ) alleged Claudia Hanham, the athlete, for a violation of the Anti-Doping Rules. Samples were
taken from her on 7 September 2014 and the A sample tested positive for prednisone which is a specified substance according the World Anti-Doping Agency (WADA) 2015 Prohibited List.

History
The athlete admitted the use of prednisone, it had been prescribed to her for medical treatment. She was diagnosed with an extremely serious life threatening condition that could result in kidney failure and early mortality - prescribed a high dose of Prednisone (plus other medications) and remained on those drugs at a diminishing level since then. She had mentioned this on the doping control form. Her physician was unaware of any wrong doing because prednisone does not enhance sport performance. He “had no reason to believe that this medication might raise concerns with regard to drug testing agencies for sportspeople”. Although the athlete was advised to stop sporting, she continued and took up coaching as well as sport studies.
On 14 November 2014 an application was made on Claudia’s behalf to the Therapeutic Use Committee of DFS for a Therapeutic Use Exemption (TUE). It was granted on 19 November 2014. The TUE authorises her continuing use of the medication containing the Prednisone. Had this been applied for earlier in the year the violation would not have occurred.
The panel does add that the athlete could have done more research then one source to find out that prednisone is a prohibited substance.

Decision
- The sanction is a reprimand.

Facts
The French Federation of Workers and Amateurs in sports (Fédération Sportive et Gymnique du Travail (FSGT) charges respondent M18 for a violation of the Anti-Doping Rules. During a cycling contest on June 15, 2014, a sample was taken for doping test purposes. The analysis showed metabolites of nandrolone, methylprednisone, prednisone and prednisolone which are prohibited substances according the World Anti-Doping Agency (WADA) 2014 prohibited list.

History
The disciplinary committee had declared her decision as incompetent because respondent was not informed 15 day before the hearing took place. The file was handed over to the disciplinary appeal committee. The disciplinary appeal committee had sanctioned the respondent with a period of ineligibility of two years in which respondent can not take part in competition or activities organized or authorized by the FSGT and other French sport federations. Results obtained on June 15, 2014, are cancelled. Points, medals and prizes were withdrawn.
The respondent claimed to have used medication containing prohibited substances which were part of his treatment against pollen allergy. Other products he had used to improve athletic performance. He had used these product because of personal and professional setback at the beginning of the year.

Decision
1. The sanction is a period of ineligibility of 3 years in which respondent can't take part in competition or manifestations organized or authorized by French sport federations.
2. The period of ineligibility will be reduced by the period fulfilled in provisional suspension and the period fulfilled by the sanction of the disciplinary appeal committee.
3. The decision of the disciplinary appeal committee needs to be modified.
4. The present decision will start on the date of notification.
5. The decision will be published and sent to the parties involved.

Facts
The French Federation of Weightlifting, Fitness, Powerlifting and Bodybuilding (Fédération Française d'Halterophilie, Musculation, Force Athlétique et Culturisme, FFHMFAC) charges respondent M17 for a violation of the Anti-Doping Rules. During a bodybuilding event on May 31, 2014, the respondent provided a sample for doping test purposes. Analysis of the sample showed the presence of a metabolite of cannabis, canrenone, amphetamine and a metabolite thereof, metabolites of nandrolone, metabolites of drostanolone, clenbuterol and a metabolite of oxandrolone, which is a prohibited substance according the World Anti-Doping Agency (WADA) 2014 prohibited list. It is regarded as a specified substance.

History
The disciplinary committee had sanctioned the respondent with a period of ineligibility of 4 years in which he was excluded from competition and activities organized by the FFHMFAC. Results acquired on May 31, 2014, were cancelled. Points, prices and medals were withdrawn.
The respondent had mentioned medication and pharmaceutical products on the doping control form, but these products do not explain how the prohibited substances had entered his body. The respondent did not provide any other explanation about how the prohibited substances had entered his body.

Decision
1. The sanction is a period of ineligibility of 4 years in which he is excluded from competition and activities organized by all French sport federations.
2. The period of ineligibility will be reduced by the time fulfilled in provisional suspension and the time already fulfilled by the sanction of the disciplinary committee of the FFHMFAC.
3. The decision of the disciplinary committee will be modified.
4. The decision starts on the date of the notification.
5. The decision will be published and sent to the parties involved.

Facts
The French Federation of Weightlifting, Fitness, Powerlifting and Bodybuilding (Fédération Française d'Halterophilie, Musculation, Force Athlétique et Culturisme, FFHMFAC) charges respondent M16 for a violation of the Anti-Doping Rules. During a bodybuilding event on May 31, 2014, the respondent provided a sample for doping test purposes. Analysis of the sample showed the presence of tamoxifen, which is a prohibited substance according the World Anti-Doping Agency (WADA) 2014 prohibited list. It is regarded as a specified substance.

History
The disciplinary committee had sanctioned the respondent with a period of ineligibility of 2 years in which she was excluded from competition and activities organized by the FFHMFAC. Results acquired on May 31, 2014, were cancelled. Points, prices and medals were withdrawn.
The respondent claimed the positive test derived from several pharmaceutical products, potassium, vitamins and a fat burning product. She had mentioned the products on the doping control form. These products did not explain how the prohibited substance had entered her body.

Decision
1. The sanction is a period of ineligibility of 2 years in which she is excluded from competition and activities organized by all French sport federations.
2. The period of ineligibility will be reduced by the time fulfilled in provisional suspension and the time already fulfilled by the sanction of the disciplinary committee of the FFHMFAC.
3. The decision of the disciplinary committee will be modified.
4. The decision starts on the date of the notification.
5. The decision will be published and sent to the parties involved.

Facts
The French Federation of Weightlifting, Fitness, Powerlifting and Bodybuilding (Fédération Française d'Halterophilie, Musculation, Force Athlétique et Culturisme, FFHMFAC) charges respondent M15 for a violation of the Anti-Doping Rules. During a bodybuilding event on May 31, 2014, the respondent provided a sample for doping test purposes. Analysis of the sample showed the presence of clenbuterol, which is a prohibited substance according the World Anti-Doping Agency (WADA) 2014 prohibited list.

History
The disciplinary committee had sanctioned the respondent with a period of ineligibility of 2 years in which he was excluded from competition and activities organized by the FFHMFAC. Results acquired on June 12, 2014, were cancelled. Points, prices and medals were withdrawn.
The respondent claimed the positive test derived from pills he took, but was unable to tell the name of this medication nor mentioning the ingredients.

Decision
1. The sanction is a period of ineligibility of 2 years in which he is excluded from competition and activities organized by all French sport federations.
2. The period of ineligibility will be reduced by the time fulfilled in provisional suspension and the time already fulfilled by the sanction of the disciplinary committee of the FFHMFAC.
3. The decision of the disciplinary committee will be modified.
4. The decision starts on the date of the notification.
5. The decision will be published and sent to the parties involved.

Facts
The French Federation of Weightlifting, Fitness, Powerlifting and Bodybuilding (Fédération Française d'Halterophilie, Musculation, Force Athlétique et Culturisme, FFHMFAC) charges respondent M14 for a violation of the Anti-Doping Rules. During a bodybuilding event on June 12, 2014, the respondent was requested to provide a sample for doping test purposes. The refusal was noted on the doping control form.

History
The disciplinary committee had sanctioned the respondent with a period of ineligibility of 2 years in which he was excluded from competition and activities organized by the FFHMFAC. Results acquired on June 12, 2014, were cancelled. Points, prices and medals were withdrawn.
The respondent did not provide any information about the reason for the refusal.

Decision
1. The sanction is a period of ineligibility of 2 years in which he is excluded from competition and activities organized by the FFHMFAC and related French sport federations.
2. The period of ineligibility will be reduced by the time fulfilled in provisional suspension and the time already fulfilled by the sanction of the disciplinary committee of the FFHMFAC.
3. The decision of the disciplinary committee will be modified.
4. The decision starts on the date of the notification.
5. The decision will be published and sent to the parties involved.

The Canadian Centre for Ethics in Sport (CCES) has reported an anti-doping rule violation against the Athlete for his refusal to provide a sample for drug testing.

Due to the Athlete didn't dispute the asserted violation and failed to participate in the results management process within the deadline under the Rules follows that the Athlete is deemed to have admitted the violation, to have waived his right for a hearing and to have accepted the sanction proposed by the CCES.

Therefore the CCES decides on 17 June 2015 to impose a 4 year period of ineligibility on the Athlete starting on 31 May 2015.

Facts
Cecil Russell had applied for a reduction in his lifetime sanction.

History
Cecil Russell a successful swimmer in the past was in various ways a swimming coach, because of possession and trafficking anabolic steroids he was sanctioned for period of ineligibility for life. The sanction was lifted, but imposed again because of violation of the ban.

Submissions Cecil Russell
Russell submits that the penalty he is currently serving is excessive and that accordingly, it would be appropriate to reduce the length of the sanction to between 4 and 8 years from the time of the imposition of the sanction. The effect of such a decision would be the immediate cessation of the ban.
Russell's counsel further submits that relevant factors to look at in determining whether or not it would be appropriate to reduce his sanction include the fact that: Russell never supplied drugs to an athlete; Russell has abided by the terms of the ban; Russell's children are swimmers and he would like to be able to coach them; and also the ban has been in place for a sufficient time period.
He makes his living as a private trainer and consultant in the fields of nutrition and dry land training for conditioning and swimming;
- His training is not conducted within the umbrella of any member group of SNC or Swim Ontario ("SO");
- His training has been provided under private contract to individuals in facilities either owned or rented by him or his numbered company.
- He did coach in Spain, but the restriction of the International Swimming Federation (FINA) was not valid in that country.
- The sanction is a restraint of trade principle.

Submissions CCES
- CCES emphasis that no person who has been declared ineligible may participate "in any capacity in a Competition or activity [...] authorized or organized by a Stakeholder or any Signatory, Signatory's member organization or a club.

Submissions of SNC
- SNC adopts the submission of the CCES.
- SNC submits that there is ample evidence demonstrating that Russell breached or violated the ban, all of which is relevant to determining the reduction of his sanction and justifying no reduction.
- Alleged incidents of violation include coaching activities of Russell with Canadian swimmers who are affiliates of Swim Ontario (SO).
- SNC states that if the sanction violates the restraint of trade principle, it is reasonably justified to protect the interest of sport.

Considerations arbitrator
- It is at times, difficult to determine whether members of the Oakville Dolphins, when participating in training and/or activities related to competitions, were doing so as members of the Oakville Dolphins or as athletes working with Russell under his personal services contract.
- Russell assisted and trained members of the Oakville Dolphins at the Mare Nostrum before and after races and during practice sessions.
- It is clarified that his training were conducted as a private trainer no associated with the SO.
- Training his owns children is not seen as violating his sanction.

Decision
- The lifetime ban imposed upon Russell and the banned activities arising therefrom as modified by the parties is reduced to a ban for three more years beginning on 10 September 2012 for a total of 15 plus years from its outset in 1997.
- The last one and a half years of the said 3 more years of the ban will be suspended in the event that for the first year and half of the continuance of the ban imposed by this Award Russell abides by both the absolute letter of the ban and the spirit of what the ban stands for and intends to accomplish. If he is free of breaches of any kind then the ban will cease one and one half years from the date of the hearings in this proceeding and would be terminated on 9 March 2014.