In October 2022 the International Tennis Integrity Agency (ITIA), on behalf of the International Tennis Federation (ITF), reported an anti-doping rule violation against the Romanian tennis player Simona Halep after her A and B samples tested positive for the prohibited substance Roxadustat (FG-4592).

Furthermore in May 2023 the ITIA reported a second anti-doping rule violation against the Athlete after an Expert Panel concluded unanimously in April 2023 in their Joint Expert Opinion that the Athlete’s hematological profile “highly likely” showed that she used a prohibited substance or a prohibited method: the use of EPO or Blood doping. 

This conclusion of the Expert Panel was based on assessment of blood samples, collected in the period from 27 August 2013 until 3 March 2023 reported in the Athlete’s Biological Passport (ABP). 

After notification about the ABP violation the Athlete submitted an explanation with documentation for the abnormal values in her ABP. However after consideration the Expert Panel rejected the Athlete’s explanations in their 2nd (May 2023) and 3rd (June 2023) Joint Expert Opinions.

In both cases a provisional suspension was ordered. Supported by expert witnesses the Athlete filed explanations and evidence in her defence and she was heard for the ITF Independent Tribunal.

Thereupon the Roxadustat charge and the ABP charge were resolved by the Tribunal in consolidated proceedings. Preliminary the Panel ruled that there were no grounds to lift the imposed provisional suspension(s) as requested by the Athlete.

In the matter of the Roxadustat charge the Athlete accepted the test results and denied the intentional use of the substance. She asserted that the source of the positive test was a contaminated Keto MCT supplement she had used in August 2022.

The Panel assessed and addressed the issues raised by the Parties and their expert witnesses:

• Whether or not the Keto MCT supplement was contaminated;
• Admissibility of the hair test for Roxadustat;
• Whether or not the hair test established contamination;
• The concentration of Roxadustat in the Athlete's sample;
• The Athlete's use of the supplement;
• The specific gravity of the Athlete's sample.

The Panel concludes that on a balance of probability the Keto MCT supplement was contaminated with Roxadustat. However the Panel also concludes that the Athlete clearly must have ingested Roxadustat from some other source.

The Panel holds that it can not speculate on how the apparently highly unlikely coincidence of the two separate sources of Roxadustat came about. The evidence does not demonstrate that to the Panel.

In the matter of the ABP charge the Athlete also accepted the results of the 51 valid samples in her ABP and denied that she had used any prohibited substance of prohibited method. She alleged that the blood values in her ABP samples had been caused by: (a) blood loss during surgery; (b) a second redacted issue; or (c) periods of detraining.

Here the Panel also assessed and addressed the ITF evidence, the Athlete's explanations and the opinions of the Parties' expert witnesses.

Ultimately the Panel accepts the findings of the ABP Expert Panel and is comfortably satisfied that the Athlete had committed an anti-doping rule violation because of her use of a prohibited substance and/or a prohibited method.

Furthermore the Panel assessed whether there are aggravating circumstances in this case. However It determines that there are insufficient grounds for the imposition of an increased period of ineligibility.

Therefore the ITF Independent Tribunal decides on 11 September 2023 to impose a 4 year period of ineligibility on the Athlete for committing two anti-doping rule violations:

• Presence and Use of the prohibited substance Roxadustat; and
• Use of a prohibited substance and/or a prohibited method.

The Panel rules that these violations are considered as one single first anti-doping rule violation, starting on the date of the provisional suspension, i.e. 7 October 2022. Finally the Panel decides to disqualify the Athlete's results obtained between 29 August 2022 to 7 October 2022.

In April 2023 the United Kingdom Anti-Doping (UKAD) reported an anti-doping rule violation against the rugby player Kaiden Carnell after his sample tested positive for the prohibited substance Oxandrolone.

Following notification the Athlete gave a prompt admission, waived his right for a hearing, accepted a provisional suspension and the sanction proposed by UKAD. The Athlete confirmed that he deliberately had used the substance and stated that he was unaware that was a prohibited substance.

UKAD deems that the Athlete's violation was intentional and determines that he shall receive a 1 year reduction for his timely admission of the anti-doping rule violation.

Therefore UKAD decides on 8 September 2023 to impose a 3 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 14 April 2023.

In March 2023 the Anti-Doping Agency of Kenya (ADAK) reported an anti-doping rule violation against the Athlete Zenah Jemutai Yego after her sample tested positive for the prohibited substance Triamcinolone acetonide.

Following notification the Athlete gave a prompt admission, waived her right for a hearing and accepted in this settlement the sanction proposed by ADAK. In this case ADAK establised that the Athlete's violation was not intentional and the result of Legitimate Medical Treatment.

Therefore on 7 September 2023 ADAK decides to impose a 1 year period of ineligibility on the Athlete, starting on 27 March 2023.

In January 2023 the Anti-Doping Agency of Kenya (ADAK) reported an anti-doping rule violation against the Athlete Benard Cheruiyot Chepkwony after his sample tested positive for the prohibited substance Triamcinolone acetonide.

Following notification a provisional suspension was ordered. Thereupon in June 2023 the Athlete was heard for the Kenya Sports Disputes Tribunal.

The Athlete explained that he suffered from a condition and that he attended a chemist where he had received an injection. Further he alleged that he could not read and that his phone malfunctioned in receiving e-mails.

He asserted that he was not timely notified about the positive test, nor informed about the analysis of his B sample. However he acknowledged that he had received the Notice of Charge in January 2023. Prior he had received some anti-doping education

The Panel determines that in January 2023 the Athlete had been duly notified by ADAK about his positive test and thus informed about his right to request analysis of his B sample. Despite the Athlete's allegations the Panel concludes that there had been no departures of the ISTI, the WADC or the ADAK ADR.

The Panel finds that the presence of a prohibited substance has been established in the Athlete's sample and accordingly that he committed an anti-doping rule violation.

The Panel deems that there was insufficient evidence to conclude that the Athlete's violation was not intentional. Yet, the Panel considers that there are no grounds for No Significant Fault or Negligence.

Therefore the Panel decides on 7 September 2023 to impose a 2 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 13 February 2023.

In August 2023 the Athletics Integrity Unit (AIU), on behalf of World Athletics, reported an anti-doping rule violation against the Kenyan Athlete Agness Jeruto Barsosio after an AIU Expert Panel concluded unanimously in April 2023 in their Joint Expert Opinion that the Athlete’s hematological profile “highly likely” showed that she used a prohibited substance or a prohibited method: the use of EPO or Blood doping. 

This conclusion of the AIU Expert Panel was based on assessment of blood samples, collected in the period from 10 July 2013 until 30 November 2022 reported in the Athlete’s Biological Passport (ABP). 

After notification the Athlete submitted an explanation with documentation for the abnormal values in his ABP. However after consideration the Expert Panel rejected the Athlete’s explanations in their 2nd Joint Expert Opinion in July 2023.

Thereupon the Athlete gave a prompt admission, waived her right for a hearing, accepted a provisional suspension and the sanction proposed by the AIU.

The AIU deems that the anomalies in the Athlete's ABP were caused by a prohibited substance or a prohibited method and that she failed to demonstrate that the violation was not intentional.

The AIU determines that there are aggravating circumstances present in this case and that she had breached the provisional suspension because of her participation into a marathon in August 2023. Further the AIU considers that the Athlete gave an early admission and acceptance of sanction.

Therefore the AIU decides on 11 February 2022 to impose a 5 year period of ineligibility on the Athlete, starting on the date of the decision.

In December 2022 the Royal Dutch Billiards Federation (KNBB) reported an anti-doping rule violation against the Belgian billiard player after his sample tested positive for the prohibited substance Mesterolone.

Following notification a provisional suspension was ordered. The Person filed a statement in his defence and waived his right for a hearing. The case was settled by the ISR-KNBB Disciplinary Committee based on the written submissions of the parties.

The Person admitted the violation, accepted the test result en denied the intentional use of the substance. He recognized his fault and asserted that he had cooperated with the proceedings.

With evidence he demonstrated that the substance was used as medication to fulfil his desire to have children. Eight years ago for his first attempt to have childeren the Mesterone had also been used as prescribed medication.

Because prior he had been unware that the substance was prohibited the Person thereupon made an application for a retrospective TUE after the positive test. However this TUE application was rejected by NADO Flanders.

The Doping Authority Netherlands accepted that the Person's violation was not intentional and deemed that there are no grounds for a further reduced sanction.

The Doping Authority acknowledged that in August 2022 the KNBB and the Person not had been timely notified about the positive test. Because of this failure it proposed to start the Person's sanction on 6 August 2022.

The Disciplinary Committee finds that the presence of a prohibited substance has been established in the Person's sample and accordingly that he committed an anti-doping rule violation.

The Committee determines that the Person's anti-doping rule violation was not intentional and that he had demonstrated how the substance had entered his system. However the Committee establishes that the Person had failed to check his medication, it was also used unprescribed and his retrospective TUE application was dismissed by NADO Flanders.

The Committee agrees that the imposed sanction can start backdated on 6 August 2022 because the KNBB could have ordered timely a provisional suspension on that date. However the KNBB, nor the Person, had been notified timely on that date by the Doping Autoritiy about the positive test.

Therefore the ISR-KNBB Disciplinary Committee decides on 5 September 2023 to impose a 2 year period of ineligibility on the Person, starting backdated on 6 August 2022, without disqualification of his results.

Fees and expenses for this committee shall be borne by the Person.

Related case:

ADDPI 2023_05 INADA vs Ajay Kumar
July 5, 2023

On 5 July 2023 the Anti-Doping Disciplinary Panel of India (ADDPI) decided to impose a 4 year period of ineligibility on the volleyball player Ajay Kumar after his sample tested positive for the prohibited substance Dehydrochlormethyltestosterone.

Hereafter the Athlete appealed the ADDPI decision with the Anti-Doping Appeal Panel of India (ADAPI). The Athlete requested the Appeal Panel to set aside the Appealed Decision and to impose a reduced sanction.

The Athlete admitted the violation and denied the intentional use of the substance. He explained with evidence that he had received medical treatments in hospitals for his condition and had used prescribed medication that probably contained the prohibited substance.

INADA contended that the Athlete failed to demonstrate with corroborating evidence that the violation was not intentional, nor the source of the prohibited substance whereas had acted negligently.

The Appeal Panel finds that the presence of a prohibited substance has been established in the Athlete's sample and accordingly that he committed an anti-doping rule violation.

In view of the evidence Panel deems that the Athlete's medical information and prescribed medication could not identify the source of the prohibited substance, nor that the violation was not intentional.

Therefore the Appeal Panel decides on 4 September 2023 to dismiss the Athlete's appeal and to uphold the Appealed Decision. The 4 year period of ineligibility shall start on the date of the provisional suspension, i.e. on 22 February 2023.

In July 2022 the Anti-Doping Agency of Kenya (ADAK) reported an anti-doping rule violation against the Athlete Michael Saruni for his evasion and failure to submit to sample collection during the Athletics Kenya 2022 World Champion Trials.

Following notification a provisional suspension was ordered. After delays the Athlete filed a statement in his defence and he was heard for the Kenya Sports Disputes Tribunal.

The Doping Control Officers at the competition testified that after notification the Athlete went with the chaperone to the Doping Control Station. Because of a heavy cough the Athlete ran into the men's toilet near the Doping Control Station followed by the chaperone.

The DCOs reported that at the men's toilets the Athlete attempted to change places with another person impersonating the Athlete and wearing his outfit. After the DCO's had discovered the impersonation and the Athlete was found he thereupon run away and disappeared.

By contrast the Athlete confirmed that he had participated into the competition, yet denied that he was selected for doping control, nor that he had evaded sample collection. He alleged that this was a clear case of mistaken identity and that he only later heard that his friend was arrested for impersonation.

The Panel assessed and addressed the evidence regarding the Athlete's evasion and determines that:

• The Athlete was properly identified and notified at the competition that he was selected for sample collection.
• The Athlete intentionally evaded sample collection and accordingly committed an anti-doping rule violation.
• There are no grounds for the imposition of a reduced sanction.

Therefore the Panel decides on 31 August 2023 to impose a 4 year period of ineligibility on the Athlete.

In November 2022 and in February 2023 the Anti-Doping Agency of Kenya (ADAK) reported two anti-doping rule violation against the Athlete Jarinter Mawia Mwasya after her samples first tested positive for the prohibited substance Erythropoietin (EPO) and thereupon tested positive for the prohitbited substance Testosterone and its metabolites.

Following notification a provisional suspension was ordered. The Athlete filed a statement in her defence and she was heard for the Kenya Sports Disputes Tribunal.

The Athlete accepted the test results and denied the intentional use of the substance. She alleged without any evidence that a that an unknown medication was injected by a doctor.

The Panel finds that the presence of multiple prohibited substances had been established in the Athlete's samples and accordingly that she committed and anti-doping rule violation. The Panel determines that she failed to demonstrate that the violations were not intentional.

Therefore the Panel decides on 31 August 2023 to impose a 4 year period of ineligibility on the Athlete, starting on the date of the decision.

In May 2023 the Anti-Doping Agency of Kenya (ADAK) reported an anti-doping rule violation against the Athlete Cynthia Kendi after her sample tested positive for the prohibited substances 19-norandrosterone and 19-noretiocholanolone (Nandrolone).

Following notification the Athlete gave a prompt admission, waived her right for a hearing and accepted in this settlement the sanction proposed by ADAK. The Athlete received a 1 year reduction for her timely admission of the anti-doping rule violation.

Therefore on 28 August 2023 ADAK decides to impose a 3 year period of ineligibility on the Athlete, starting on 21 June 2023.