Nuwan Hettiarachchi (26) from Sri Lanka was suspended for six months after taking a natural remedy that was contaminated.

World Rugby has confirmed that Sri Lanka player Nuwan Hettiarachchi has received a six-month suspension for an anti-doping rule violation.

The 26-year-old underwent an in-competition doping control undertaken at the 2014 Asian 5 Nations match between Sri Lanka and Philippines in Colombo, Sri Lanka. Under analysis, his sample was revealed to contain prednisolone, classified under S9.Glucocorticosteroids on the World Anti-Doping Agency’s 2014 list of prohibited substances.

The player accepted that he had committed an anti-doping rule violation contrary to Regulation 21.1.1 but maintained that there was no intention to enhance sport performance and no fault on his part.

The player has, for some time, experienced asthmatic and respiratory conditions as a result of allergies. He had previously relied on what he described as “western medical treatments” for these conditions, to no avail. He then turned to ayurveda, a system of traditional indigenous medicine in Sri Lanka and he noticed his condition improving.

When he developed a cough and cold, he obtained some ayurvedic medicine from a practitioner in his home town, Kandy, but he did not show the practitioner a copy of the prohibited list and he did not consult with a qualified medical doctor, sports doctor or his union before using it. It was his contention that prednisolone was added to this ayurvedic remedy without his knowledge.

The committee felt there was no reason to disbelieve the player’s evidence that he took the medicine to treat his cough and allergies, not to enhance his performance. It felt that the player was entitled to the benefit of a reduced sanction due to his use of a specified substance while ultimately still being at fault.

In considering all aspects of the case, the committee decided to impose a six-month suspension. Given the player had been provisionally suspended since 7 July 2014, the suspension is now complete and he is free to resume participation.

Related case:
World Rugby 2014 WR vs Maxim Gargalic (1)
November 28, 2014

On 28 November 2014 the World Rugby Judicial Committee decided to impose a 2 year period of ineligibility on the Moldovian Athlete Maxim Gargalic after he tested positive for the prohibited substance 19-norandrosterone (Nandrolone) starting on the date of the provisional suspension, i.e. 3 July 2014.

Hereafter World Rugby received information that the Athlete had played in 8 matches between July 2014 and September 2014 as breach of the previous ordered provisional suspension.
The Athlete did not dispute he played the matches during the provisional suspension and explained that he mistakenly believed that he was entitled to continue to play until the final decision was rendered.

The Judicial Committee finds that the Athlete is either wilfully blind or untruthful as to his understanding of the terms of the provisional suspension. There is no other plausible interpretation of the words “provisionally suspended” such that the Player might have reasonably believed that he was entitled to continue to play rugby. Further, the Regulations themselves are abundantly clear on the Player’s status while under provisional suspension.

Without mitigating circumstances the Judicial Committee decides on 29 June 2015 that the originally imposed sanction (two years) shall start over again on the date of the latest violation, i.e. 15 September 2014, including disqualification of his results obtained during the provisional suspension.

Related case:
World Rugby 2014 WR vs Maxim Gargalic (2)
June 29, 2015

In July 2014 World Rugby reported an anti-doping rule violation against the Athlete Maxim Gargalic after his sample tested positive for the prohibited substance 19-norandrosterone (Nandrolone). After notification a provisional suspension was ordered. The Athlete filed a statement in his defence and he was heard for the World Rugby Judicial Committee.

The Athlete admitted the violation and claimed that he acted without fault. He explained that he underwent treatment in March 2013 for his shoulder injury by an orthopeadic doctor. The doctor prescribed medication and he assurred the Athlete that these medication did not contain prohibited substances.
However the prescribed medication Retabolin contains nandrolone and the Athlete failed to check whether the prescribed medication contained any prohibtied substances.

In his submission the doctor acknowledged that he didn't consider that the medication Retabolin is on the prohibited list for sportsmen. No evidence was led as to the plausibility of a nandrolone concentration remaining in the Athlete’s system over a year after receiving his last injection of Retabolil.

The Judicial Committee finds that the Athlete has committed the anti-doping violation without grounds for a reduced sanction.
The Committee concludes that the Athlete undertook no due diligence of his own and blindly took a series of injections following which he made a recovery that was significantly better than two surgeries had been able to achieve, he cannot establish that there was no fault or negligence on his part. All he needed to have done to be alerted to a concern about what he was taking was ask to see a product label for Retabolil or a basic search on the internet.

Therefore the World Rugby Judicial Committee decides on 28 November 2014 to impose a 2 year period of ineligibility on the Athlete starting on the date of the provisional suspension, i.e. on 3 July 2014.

Related cases:

• SARU 2011 SARU vs Mahlatse Chiliboy Ralepelle & Bjorn Basson
  January 27, 2011
• SAIDS 2019_18 SAIDS vs Mahlatse Chiliboy Ralepelle
  June 25, 2020

In April 2014 World Rugby has reported an anti-doping rule violation against the South African rugby player Mahlatse Chiliboy Ralepelle after his A and B samples, provided out-of-competition in March 2014, tested positive for the prohibited substance drostanolone. After notification a provisional suspension was ordered. The Athlete filed a statement in his defence and he was heard for the World Rugby Judicial Committee.

Previously the Athlete was reprimanded on 27 January 2011 by the South-African Rugby Union after he tested positive for the prohibited substance Methylhexaneamine (dimethylpentylamine) related to contaminated supplements.

The Athlete’s B sample was frozen in a bottle. When the bottle in the laboratory was placed into a Berlinger machine to open the glass bottle it broke. The largest portion of the frozen sample was recovered, put into a container, defrosted and analysed.

The Athlete denied the anti-doping violation and stated that he underwent surgery in France for a serious knee injury in February 2014 and had used nutritional supplements in the week before the doping test. After surgery no drostanolone was administered and analysis by an independent laboratory ruled out the Athlete’s supplements as possible sources of the drostanolone. Investigations on the Athlete’s behalf failed to reveal the source of the drostanolone.
The Athlete argued that there was a departure of the ISL: due to the broken bottle the integrity of the B sample had been so comprised that the result of that analysis must be dismissed.

Considering the evidence the Judicial Committee finds that the Athlete failed to prove that the reported departure could reasonably have caused the positive test result and rules to their comfortable satisfaction that it did not cause the positive test result. The Athlete did not submit that there were any grounds for imposing a reduced sanction.

The Committee also reviewed the written 2010 decision of the South-African Rugby Union and disagrees with the conclusion of No Fault and imposing only a reprimand on the Athlete. Because it would be unfair to rewrite the 2010 decision, the Committee holds that the 2010 violation was not a first anti-doping rule violation. As a result the current violation counts as a first anti-doping rule violation for sanctioning.
The Committee is also comfortably satisfied that World Rugby discharged the burden and established that the Athlete committed an anti-doping rule violation.

Therefore the World Rugby Judicial Committee decides on 16 June 2015 to impose a 2 year period of ineligibility on the Athlete starting on the date of the provisional suspension, i.e. on 10 April 2014.

In January 2015 World Rugby has reported an anti-doping rule violation against the Bermudan rugby player Antonio Perinchief after his A and B samples tested positive for the prohibited substance clenbuterol.

The Athlete provided a sample during his participation in the Tournament in Mexico City in December 2014. The WADA accredited laboratory reported that the low concentration clenbuterol found in the Athletes samples is consistent with the consumption of contaminated meat (Mexico and China).

After notification a provisional suspension was ordered. The Athlete filed a statement in his defence and he was heard for the World Rugby Judicial Committee.
The Athlete denied the intentional use of clenbuterol and requested to lift the provisional suspension. He asserted that the positive test results were caused by eating contaminated meat in Mexico without his knowing that the meat was contaminated.

The Committee accepts the Athlete explanation and evidence, unchallenged by World Rugby, and finds that the Athlete did not know or suspect that the meat he consumed was contaminated with clenbuterol. There is no other known or possible source or explanation for the clenbuterol and World Rugby did not suggest one.

Therefore the World Rugby Judicial Committee decides on 29 June that the Athlete has discharged his burden under the Rules and no period of ineligibility or any other sanction was imposed.

In April 2022 the International Testing Agency (ITA), on behalf of World Rowing, reported an anti-doping rule violation against the British rower Christopher Bailey after his sample tested positive for the prohibited substance Drostanolone.

Folowing notification a provisional suspension was ordered whereas the Athlete failed to respond to the ITA communications.

Because the Athlete failed to dispute the asserted violation 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 proposed consequences.

Therefore ITA decides on 10 August 2022 to impose a 4 year period of ineligibility on the Athlete starting on the date of the provisional suspension, i.e. on 25 April 2022.

Russia Taskforce Report to Council Meeting of 23 March 2023 / Rune Andersen. - Monaco : World Athletics, 2023

The World Atletics Council approved the Russia Taskforce’s recommendation that RusAF, which has been suspended for seven years due to doping, be reinstated after meeting all the requirements of the Reinstatement plan, which has been confirmed by an independent audit.

However RusAF will be required to comply with a set of 35 'Special Conditions' that are intended to ensure that RusAf’s anti-doping reforms remain in place and continue to operate effectively.

These Special Conditions are designed to enable the Athletics Integrity Unit to monitor, evaluate, communicate, mentor, oversee, and assist RusAF and its external stakeholders to ensure they maintain good governance practices and to protect RusAF from external pressures and attempts to influence or control its functioning.

They focus on four areas: organisational good governance, protection from inappropriate external influence and control, operational capability and capacity (with a particular emphasis on ethical and anti-doping requirements, and change in the regions), and budget allocation and fiscal management.

These Special Conditions are intended be applied for a period of three years, with a review at the end of that period to determine whether or not it is necessary to maintain those conditions (as they are or with variations) for a further period.

Totalling 35 separate monitoring and evaluation measures, the special conditions cover: organisational governance, presidium leadership oversight, anti-doping, cultural change in the regions, engagement with extTaskforce Report to the Councilernal stakeholders, ethics, anti-corruption and anti-conflicts of interest, fiscal management.

Further, the Athletics Integrity Unit, has determined that RusAF should be categorised as a Category ‘A’ member federation after its reinstatement.

That means that RusAF will have to comply not only with the general obligations applicable to all member federations that are set out in WA ADR 15.4 but also with the special obligations applicable to Category ‘A’ member federations that are set out in WA ADR 15.5. These federations are subject to greater scrutiny and more testing requirements.

The Taskforce confirmed that RusAF has paid all of the costs of the reinstatement process until the end of 2022. World Athletics will invoice RusAF in early April for the costs incurred by World Athletics in January-March, and the prompt payment of that invoice will be one of the Special Conditions.

RusAF must also pay all of the costs incurred by the AIU in overseeing RusAF’s compliance with the Category A requirements and the Special Conditions over the next three years, as well as any World Athletics costs in connection with this oversight.

As a consequence of these decisions, the Authorised Neutral Athlete (ANA) programme will be discontinued, and the Doping Review Board, which rules on ANA applications, will be stood down.

The Russia Taskforce, having completed its work, will be disbanded and the two international experts who have advised it will be stood down.

Russia Taskforce Report to Council Meeting of 30 November 2022 / Rune Andersen. - Monaco : World Athletics, 2022

World Athletics’ Russia Taskforce expects to be in a position to make a final recommendation to the World Athletics Council on the reinstatement of the Russian Federation (RusAF) at the next Council Meeting in March 2023, provided RusAF continues to make progress in reforming its culture, Taskforce Chair Rune Andersen told the Council.

However he acknowledged that RusAF’s progress on its reinstatement plan would have no bearing on any Council decision on RusAF’s status arising from the war in Ukraine.

In presenting his regular report to the Council, Andersen said that the RusAF leadership team had “embedded a new culture of good governance and zero tolerance for doping throughout the organisation” under Acting President Irina Privalova.

He noted that RusAF is reporting historic anti-doping rule violations uncovered in the Moscow Laboratory Information Management System (LIMS), is delivering anti-doping education for 13,000 young athletes, has developed a test distribution plan that includes more than 2000 domestic tests of Russian athletes per year (most out of competition), and is taking other initiatives, including fining government-funded athletes for any single whereabouts violations.

But Andersen said that widespread and sustainable cultural change would likely take many years to embed and would proceed at different paces in different parts of the system. He expressed concern around the decision of the RUSADA disciplinary commission not to publish its findings in the case of the ice-skater Kamily Valieva.

He said the close monitoring and oversight of RusAF’s operations would not end when its suspension from membership of World Athletics was lifted, but this function would be taken over by the Athletics Integrity Unit, which would enforce a detailed set of Post-Reinstatement Conditions, more stringent than those currently imposed on “Category A” federations (those regarded as most at risk of major doping issues).

These conditions would be finalised with the AIU over the coming months and would be presented to the Council for approval before the Taskforce made its final recommendation on reinstatement.

The Taskforce would also recommend that, to prevent backsliding or interference, any material breach of the Post-Reinstatement Conditions should trigger a Council proposal to Congress to expel RusAF permanently from membership of World Athletics.

Russia Taskforce Report to Council Meeting of 30 July 2020 / Rune Andersen. - Monaco : World Athletics, 2020

The World Athletics Council decided on 30 July 2020 to expel the Russian Federation (RusAF) from membership of World Athletics if it does not make the outstanding payments of a $US5 million fine and $US1.31 million in costs before 15 August.

The Council, meeting by teleconference due to the ongoing global Covid-19 pandemic, agreed to follow the recommendations of the Taskforce, delivered by chairperson Rune Andersen in his Russia Taskforce Report.

Addressing the Council, Andersen expressed his disappointment that the Taskforce had seen “very little in terms of changing the culture of Russian athletics” in the past five years.

He said the Taskforce had spent “an enormous amount of time and effort trying to help RusAF reform itself and Russian athletics, for the benefit of all clean Russian athletes” but the response from RusAF had been inadequate.

In light of a letter sent to World Athletics by the Russian Minister of Sport Oleg Matytsin today, which promises payment of the overdue amounts by August 15, the Taskforce’s recommendations were:

Expulsion Decision

1. To recommend to Congress that it resolves to expel RusAf from membership of World Athletics, in accordance with Article 14.1 of the Constitution, on the basis that the matters that led Congress to suspend RusAF from membership pursuant to Article 13.7 have not been satisfactorily addressed.
2. To recommend that a Special Congress meeting be convened as soon as possible to allow Congress to consider and vote on the proposal to expel RusAF. In the circumstances of the ongoing and worsening pandemic, that Special Congress meeting should if possible be held virtually, to avoid delay.
3. That pending Congress’s decision, the “Neutral Athlete” mechanism will not be made available to Russian athletes.

This decision is suspended, but will come into effect immediately and automatically if any of the following conditions are not met:

1. Payment in full of the two outstanding RusAF invoices to be received on or before close of business in Monaco on 15 August 2020.
2. The RusAF Reinstatement Commission to provide the draft plan referenced in the third paragraph of Council’s decision of 12 March 2020 – of suitable scope and depth, with an implementation plan and progress indicators – to the Taskforce on or before 31 August 2020.
3. Any changes required by the Taskforce to the draft plan to be incorporated to the Taskforce’s satisfaction on or before 30 September 2020.
4. The Plan to be brought into effect and satisfactory progress achieved against the plan (as determined by the Taskforce, based on the input of the international experts appointed by World Athletics), as reported by the Taskforce to Council at each of its subsequent meetings.

In relation to Authorised Neutral Athletes (ANAs):

1. Athletes may apply for ANA status for 2020 competitions in accordance with the process specified by the Doping Review Board.
2. No ANA status will be granted to any athlete for 2020 competitions unless and until conditions (1) to (3)  above are met.
3. If conditions (1) to (3) are met, then in accordance with Council’s March decision, (1) no more than ten athletes (in total, not perevent) will be granted ANA status for World Athletics Series events. (The ony such event scheduled for 2020 is the World Athletics Half Marathon Championships in Gdynia); (2) there is no cap on ANAs for other international competitions in 2020.
4. Council’s March 2020 decision to allow up to 10 Authorised Neutral Athletics for World Athletics Series events and the Tokyo Olympics will be reviewed no earlier than December 2020, based on an assessment of the progress made by RusAF against the reinstatement plan.

Background Note: The Council decided in March to sanction RusAF’s admitted breaches of the Anti-Doping Rules during the Lysenko investigation with a $US10 million fine, with $5 million to be paid by 1 July 2020 and the other $5 million suspended. The Council also required RusAF to pay related costs by 1 July 2020.

Russia Taskforce Report to Council Meeting of 28 July 2021 / Rune Andersen. - Monaco : World Athletics, 2021

In its report to the Council, the Russia Taskforce confirmed that the suspended Russian Federation (RusAF) was making satisfactory progress against the milestones and KPIs set out in the Reinstatement Plan and had paid the latest invoice of US$431,848 for the reinstatement costs incurred by World Athletics in the quarter ending 31 March 2021. 

The Taskforce is hopeful that, under the guidance of Acting President Irina Privalova, and with the assistance of the three international experts appointed to assist in the Reinstatement Plan, RusAF will continue to meet the remaining milestones and KPIs to satisfy all of the conditions set for its reinstatement to membership of World Athletics.

Consequently, the Council resolved that the Authorised Neutral Athlete (ANA) process would remain in effect and that the Council would consider in November whether the ANA quota of 10 athletes that applied to certain competitions in 2021 should be maintained or revised for competitions staged in 2022.

It further decided that the status of RusAF’s membership would be put on the agenda for the 53rd World Athletics Congress to be held in November, where the congress will be asked to vote on the following resolution:

Congress resolves, in exercise of its powers under Article 13.7 of the World Athletics Constitution, that the suspension of RusAF’s membership of World Athletics will continue until Council decides that all of the conditions set by Council from time to time for the revocation of RusAF’s suspension and the consequent reinstatement of RusAF’s membership have been met.

However the Taskforce warned that if RusAF stopped making satisfactory progress against the KPIs and milestones in the Reinstatement Plan, or failed to reimburse World Athletics' reinstatement costs on a timely basis in this period, it would recommend that the Council withdraw the proposed resolution to Congress, and propose instead that Congress resolves to expel RusAF from membership with immediate effect. The Taskforce trusts that this will not be necessary.