FA 2015 Football Association vs Jake Livermore

8 Sep 2015

Facts
The Football Association (FA) charges Jake Livermore, the player, for an anti-doping rule (ADR) violation. The player provided a urine sample during an in-competition test on April 25, 2015. Analysis of the sample did show the presence of benzoylecgonine a metabolite of cocaine. Cocaine is a non-specified prohibited substance according to the World Anti-Doping Agency (WADA) 2015 prohibited list.

History
There is no substantial dispute between the FA and the player as to the relevant facts and the deeply tragic background in respect of the offence which is admitted. For reasons of privacy including sensitive medical information a substantial section concerned with the circumstances leading up to the commission of the ADRV will be redacted. The use of cocaine was related to the personal tragedy of the death of his son at birth. The Circumstances in this tragic case are properly regarded as exceptional and indeed unique in the judgment of the Commission. The degree of impairment was such that concepts such as fault and appropriateness of sanction are entirely inappropriate in the circumstances. There was no intention to enhance sport performance. Respondent had been tested on ten previous occasions and all tests had returned negative; this was a one-off incident in respect of the use of cocaine. He had never used recreational drugs previously.
The Commission having carefully considered and taking into account all the evidence relating to the circumstances and the degree of impairment in this case concludes that the respondent was not negligent or at fault in any real sense.
The unanimous view of the Commission is that the proportionality
principle is engaged in the present case such that given the circumstances, as they have been evidenced and found by the commission to exist, the imposition of any period of suspension would be wholly unjust and disproportionate. Indeed in the Circumstances it would be unconscionable to impose any period of suspension.

Decision
- This decision is not intended to set a precedent. Each case must be considered on its merits and individual facts. It will be a very rare case that does not fall within the express sanctions provided under the Regulations and the World Anti-Doping Code. This case however is a very rare case.
- The rules as to whether an ADRV has been committed are based upon strict liability and respondent has admitted the presence of the Prohibited Substance. However given the Circumstances as identified herein and the application of principles of proportionality in what is a very rare case the Commission imposes no Period of Ineligibility upon respondent.
- The emphasis in this case must now be upon support for the respondent. The Commission therefore directs that he will undertake a course of rehabilitation and education. In the present case that will need to be tailored so as to complement the counseling and treatment that he is already receiving. To assist with that process the responent will also be the subject of Target Testing for a period of one year.
- There will be no order as to costs.

AFLD 2015 FFC vs Respondent M09

22 Jan 2015

Facts
The French Cycling Federation (Fédération Française de Cyclisme, FFC) charges respondent M09 for a violation of the Anti-Doping Rules. During a cycling event June 27, 2014, a sample was taken for doping test purposes. Analysis of the sample showed the presence of terbutaline and betamethasone which are prohibited substances according the World Anti-Doping Agency (WADA) 2014 prohibited list. They are regarded as a specified substances.

History
The athlete had been sanctioned by the disciplinary committee of the FFC with a period of ineligibility of eight months, in which he can not compete in competition or activities organized by the FFC.
The athlete explained that the positive test derives from medication he used against allergic asthma. He had used the remainders of his medication without consulting his physician. He has medical prescriptions, an report showing his allergy balance and a Abbreviated Therapeutic Use Exemption (ATUE) valid April 30, 2009.
The panel considers the amount measured in the analysis is consistent with the medical use. But they object against the incautious self medication of the respondent.

Decision
1. The sanction is a period of ineligibility of three months in which respondent can't take part in competition or manifestations organized or authorized by the FCC.
2. The period of ineligibility will be reduced with the period already served under provisional suspension and the period fulfilled under the sanction of the disciplinary committee of the FCC.
3. The decision of the disciplinary committee will be modified.
4. The decision starts on the date of notification.
5. The decision will be published and sent to the parties involved.

AFLD 2015 FFHMFAC vs Respondent M08

22 Jan 2015

Facts
The French Federation of Weightlifting, Fitness, Powerlifting and Bodybuilding (Fédération Française d'Halterophilie, Musculation, Force Athlétique et Culturisme, FFHMFAC) charges respondent M08 for a violation of the Anti-Doping Rules. During a bodybuilding event on May 10, 2014, a sample was taken for doping test purposes. Analysis of the sample showed the presence of nikethamide which is a prohibited substances 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 six months in which he was excluded from competition and activities organized by the FFHMFAC. Results acquired on May 10, 2014, were cancelled. Points, prices and medals were withdrawn.
The respondent explained that he had used tablets containing the prohibited substance which were remnants of medications for his son to treat a flaw in his nervous system.

Decision
1. The sanction is a period of ineligibility of six months in which he was excluded from competition and activities organized by the FFHMFAC.
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 reformed.
4. The decision starts on the date of the notification.
5. The decision will be published and sent to the parties involved.

AFLD 2015 FFM vs Respondent M07

22 Jan 2015

Facts
The French Motorcycling Federation (Fédération Française de Motocyclisme, FFM) charges respondent M07 for a violation of the Anti-Doping Rules. During a motorcycling event on June 22, 2014, the respondent provided a sample for doping test purposes. Analysis of the sample showed the presence of prednisolone and prednisone, these are prohibited substances according the World Anti-Doping Agency (WADA) 2014 prohibited list. They are regarded as specified substances.

History
By decision on August 29, 2014, the disciplinary committee of the FFM sanctioned the respondent with a period of ineligibility of three months for which he was excluded from competitions and sporting events organized or authorized by the FFM. His results obtained on June 22, 2014, were cancelled, with all the consequences, including withdrawal of medals, prizes and points acquired.
The respondent explains that the positive test came from a pharmaceutical product he had used to treat respiratory difficulties associated with coughs and headaches. He had no prescription from his physician but took the pills from his father, he had been unaware that the product contained prohibited substances.
The panel took into consideration the high measured amount of the prohibited substances and the incautious self medication of the respondent.

Decision
1. The decision is a period of ineligibility of six months in which respondent can't take part in competition and manifestation of the FFM.
2. The period period of ineligibility will be reduced by the period already spent by the imposed sanction of the disciplinary committee of the FFM.
3. The decision of the disciplinary committee of the FFM wil 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.

2007 Report to the commissioner of baseball of an independent investigation into the illegal use of steroids and other performance enhancing substances by players in major league baseball - Mitchell Report

13 Dec 2007

Report to the commissioner of baseball of an independent investigation into the illegal use of steroids and other performance enhancing substances by players in major league baseball / George J. Mitchell. - Office of the Commissioner of Baseball, 2007



The Report, informally known as the "Mitchell Report," is the result of former Democratic United States Senator from Maine George J. Mitchell's 21-month investigation into the use of anabolic steroids and human growth hormone (HGH) in Major League Baseball (MLB). The 409-page report, released on December 13, 2007, covers the history of the use of illegal performance-enhancing substances by players and the effectiveness of the MLB Joint Drug Prevention and Treatment Program. The report also advances certain recommendations regarding the handling of past illegal drug use and future prevention practices. In addition, the report names 89 MLB players who are alleged to have used steroids or other performance-enhancing drugs.

The report describes motivations for its preparation, including health effects of steroids, legal issues, fair play, and reports that baseball players acted as role models for child athletes. For example, after news coverage in August 1998 that Mark McGwire had used the then-legal androstenedione, a steroid precursor, sales of the supplement increased over 1000%, and the National Institute on Drug Abuse reported that 8% of male high school senior athletes had used androstenedione in 2001.

Mitchell reported that during the random testing in 2003, 5 to 7 percent of players tested positive for steroid use. Players on the forty-man roster of major league teams were exempt from testing until 2004. One player is quoted: "Forty-man [roster] guys already have all of the [major league] club advantages, and then they could use steroids . . . it was not a level playing field."

According to the report, after mandatory random testing began in 2004, HGH became the substance of choice among players, as it was not then detectable in tests. Also, it was noted that at least one player from each of the thirty Major League Baseball teams was involved in the alleged violations

UKAD 2015 UKAD vs Jordan McMillan

15 Apr 2015

Facts
The UK Anti-Doping organization (UKAD) charges Jordan McMillan, the player, for an anti-doping rule (ADR) violation. On December 3, 2014, UKAD collected an in-competition sample for a doping test. Analysis of the sample did show the presence of benzoylecgonine a metabolite of cocaine. Cocaine is a prohibited substance according to the World Anti-Doping Agency (WADA) 2014 prohibited list.

History
The player accepts the results of the test but denies that he had any knowledge of its ingestion nor had any intent to ingest such a substance at any time. It was alleged, that he had been consuming cocaine as a recreational substance but that such consumption on November 30, 2014, was unknown to the Athlete. A friend of the family made the statement that he had mixed his drink with cocaine and was used by the athlete unintentionally because he drank from the wrong glass. The athlete is against the use of drugs, especially because his own brother died of an overdose.
The Tribunal did not consider the evidence to be reliable and credible as regards how the prohibited substance had entered the system of the athlete.

Decision
- The player is ruled ineligible for a period of two (2) years in accordance. The period of ineligibility is deemed to have started running from the date that he was charged and provisionally suspended. It will therefore run from December 18, 2014, to December 17, 2016 (inclusive).

AFLD 2015 FFHMFAC vs Respondent M06

22 Jan 2015

Facts
The French Federation of Weightlifting, Fitness, Powerlifting and Bodybuilding (Fédération Française d'Halterophilie, Musculation, Force Athlétique et Culturisme, FFHMFAC) charges respondent M06 for a violation of the Anti-Doping Rules. During a bench pressing event on April 12, 2014, a sample was taken for doping test purposes. Analysis of the sample showed the presence of furosemide which is a prohibited substances 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 the withdrawal of her license for 30 months. Also her results on April 12, 2014 were cancelled. Points, prices and medals were withdrawn.
Respondent had denied throughout the proceedings, voluntarily consuming furosemide; she explains following a strict diet and pay special attention to food, to which it added in periods during practice and competitions, taking creatine, Red Bull and amino acids purchased on the Internet; she had indicated that probably she was the victim of a malice act, the day of the doping control which she is the subject to, she pleads its good faith, invoking her capacity as a member of the Anti-Doping Commission of her club, and including, the result of urinary analyzes from December 24, 2014, arranged privately with the secretariat of the laboratory of the hospital. However the lab analyses arranged privately are not valid because that laboratory has not the legitimate status for handling doping controls. Also the hypothesis of a malice act can not be considered as a fact without proof.

Decision
1. The sanction is a period of ineligibility of 2 years in which respondent can not take part in competition or manifestations organized or authorized by the FFHMFAC and related 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 reformed.
4. The decision starts on the date of the notification.
5. The decision will be published and sent to the parties involved.

AFLD 2015 FFHMFAC vs Respondent M04

8 Jan 2015

Facts
The French Federation of Weightlifting, Fitness, Powerlifting and Bodybuilding (Fédération Française d'Halterophilie, Musculation, Force Athlétique et Culturisme, FFHMFAC) charges respondent M04 for a violation of the Anti-Doping rules. During a bench pressing event on May 3, 2014, a sample was taken for doping test purposes. The analysis of the sample showed the presence of oxandrolone, a metabolite of oxandrolone, prednisolone and prednisone which are prohibited substances according the World Anti-Doping Agency (WADA) 2014 prohibited list.

History
The sanction of the disciplinary committee of the FFHMFAC was a period of ineligibility of 4 years. Results obtained at May 3, 2014, are canceled. Medals, points and prices are withdrawn.
The respondent claims that a medicine against asthma and chronic bronchitis obtaining prednisolone which is capable of metabolizing into prednisone. The respondent also claims that the findings of oxandrolone and its metabolite where caused by a food supplement but he did not provide any proof.
The panel agrees with the medical proof for using medicine against asthma and chronic bronchitis. However using a food supplement containing oxandrolone and its metabolite is a wrongful conduct of the athlete. The panel considers a period of ineligibility of three years.

Decision
1. The sanction is a period of ineligibility of three years in which respondent can't take part in competitions and sport events organized or authorized by the FFHMFAC as pronounced by the disciplinary committee of the FFHMFAC but extended to all relevant French sport federations.
2. The decision of the disciplinary committee needs to be reformed.
3. The decision starts on the date of notification.
4. The decision will be published and sent to the parties involved.

AFLD 2015 FFA vs Respondent M03

9 Jan 2015

Facts
The French Athletics Federation (Fédération Française d'Athlétisme, FFA) charges respondent M03 for a violation of the Anti-Doping Rules.
Respondent provided a sample for doping control purposes on May 31, 2014, during competition. The sample showed the presence of terbutaline. Terbutaline is a prohibited substance according the World Anti-Doping Agency (WADA) 2014 prohibited list. It is regarded as a specified substance.

History
The respondent had been sanctioned in the first instance by the disciplinary committee of the FFA with a warning. Also his results on May 31, 2014, are annulled. Points, medals and prices are withdrawn.
The respondent had used medication to treat asthma, allergy to pollens of grasses and exercise-induced asthma, for which he says suffered from for several years. He has proof for his condition.
The panel considers his proof as valid, which makes a sanction not valid.

Decision
1. The athlete is acquitted.
2. The decision from the disciplinary committee of the FFA will be cancelled. His results of May 31, 2014, are valid. Points, medals and prices will be returned.
3. The decision starts on the date of notification.
4. The decision will be published and sent to the parties involved.

AFLD 2015 FFFA vs Respondent M02

8 Jan 2015

Facts
The French Federation of American Football (Fédération Française de Football Américain, FFFA) charges respondent M02 for a violation of the Anti-Doping Rules. During a match on May 25, 2014, a sample was taken for doping control purposes. The analysis showed the presence of morphine which is prohibited substance according the World Anti-Doping Agency (WADA) prohibited list 2014.

History
The respondent has denied throughout the proceedings, voluntarily absorbing a drug containing morphine or codeine, or a substance capable of metabolizing into morphine; he explains that he consumes supplements referred as"Ultravitamines" and "ZMA", which do not contain the mentioned substances. He had not the intention to enhance his sport performance also he is participating the sport as an amateur.
The panel takes into consideration that a substance as codeine is not banned in supplements it can metabolize into morphine.

Decision
1. The sanction is a warning.
2. The decision starts on the date of notification.
3. The decision will be published and sent to the parties involved.

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