Annual Report 2022 / Comisión Española para la Lucha Antidopaje en el Deporte (CELAD). - Madrid : CELAD, 2023

In December 2022 United Kingdom Anti-Doping (UKAD) reported an anti-doping rule violation against the rugby player Joshua Hicks after his sample tested positive for multiple prohibited substances: Anastrozole, Drostanolone and Tamoxifen.

Following notification a provisional suspension was ordered and the Athlete admitted the violation. He stated that he had used the substances before the rugby season had begun while he was unaware that these substances were prohibited.

At first in March 2023 the Athlete did not accept the proposed sanction and the case was referred to the National Anti-Doping Panel. Ultimately in June 2023 he admitted the violation, waived his right for a hearing and accepted the sanction proposed by UKAD.

Therefore UKAD decides on 25 August 2023 to impose a 4 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 16 December 2022.

On 20 January 2023 the Anti-Doping Disciplinary Panel of India (ADDPI) decided to impose a 4 year period of ineligibility on the minor Athlete Chandra Shekhar (16) after his sample tested positive for the prohibited substance Drostonalone.

Hereafter the Athlete filed a statement in his defence and he was heard for Anti-Doping Appeal Panel of India (ADAPI). He 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 asserted that as a minor under the Rules he must be considered as a protected person.

He argued that he had a humble background, came from a small village, was not tested before and had never received anti-doping education. He alleged that sabotage at the Junior National Camp had caused the postive test result.

INADA dismissed the Athlete's assertions and contended that he failed to demonstrate with any evidence that the violation was not intentional, nor how the substance had entered his system. He also cannot claim ignorance because he was an active sportsperson and sufficiently aware about anti-doping and prohibited substances.

The Appeal Panel acknowledged that the minor Athlete is a Protected Person under the Rules. Nevertheless there are no grounds for a reduced sanction in this matter as he failed to demonstrate with corroborating evidence that the violation was not intentional.

Furthermore the Panel determines that the Athlete as a minor was aware of anti-doping and prohibited substances. Considering his conduct the Panel finds that he had not been ignorant, rather had acted negligently.

Therefore on 23 August 2023 the Appeal Panel dismisses the Athlete's appeal and upholds the Appeal Decision of 19 January 2023. The 4 year period of ineligibility shall start on the date of the provisional suspension, i.e. on 18 July.

Related cases:

• CCES 2022 CCES vs Donovan Burgmaier (1)
  March 15, 2022
• CCES 2022 CCES vs Donovan Burgmaier (2)
  April 26, 2022
  
  

In May 2023 the Canadian Centre for Ethics in Sport (CCES) reported a new anti-doping rule violation against the football player Donovan Burgmaier after his sample again tested positive for the prohibited substance Dehydrochlormethyltestosterone.

The Athlete is already serving two consecutive three year periods of ineligibility for his previous violations for presence and admitted use until 26 January 2028.

Following notification the Athlete gave a prompt admission, waived his right for a hearing and accepted the sanction proposed by CCES. Because he signed and submitted the Early Admission and Acceptance Form he received a 1 year reduction from CCES for his second anti-doping rule violation.

Therefore CCES decides on 30 May 2022 to impose a 7 year period of ineligibility on the Athlete, starting on the date the Athlete's 6 year period of ineligibility shall end, i.e. on 26 January 2028 until 26 January 2035.

In June 2023 the Athletics Integrity Unit (AIU) on behalf of World Athletics reported an anti-doping rule violation against the Ethiopian Athlete Ana Ebesie Ayele Balcha after her sample tested positive for prohibited Testosterone metabolites and adiols.

Following notification a provisional suspension was ordered. The Athlete could not explain the positive test result and accepted the consequences.

Ultimately in August 2023 the Athlete gave a timely admission, waived her right for a hearing and accepted the sanction proposed by the AIU.

Because the Athlete had signed and submitted the Admission of Anti-Doping Rule Violations and Acceptance of Consequences Form she received a 1 year reduction from the AIU.

Therefore the AIU decides on 22 August 2023 to impose a 3 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 12 December 2022.

In June 2022 the United Kingdom Anti-Doping (UKAD) reported an anti-doping rule violation against the rugby player Joseph Lewis after his sample tested positive for the prohibited substance Amfetamine.

Following notification a provisional suspension was ordered. The Athlete explained that he was diagnosed with ADHD and as treatment used prescribed medication, Elvanse-Adult, which contained Amfetamine.

Thereupon the Athlete's retroactive application for a TUE was denied. UKAD's Review Panel deemed that the Athlete had failed to make a TUE application in advance for his prescribed medication.

Hereafter in November 2022 the Athlete admitted the violation and denied the intentional use of the substance. In his defence the Athlete asserted that prior he had indeed had checked the medication and had attempted to apply for a TUE.

The Athlete acknowledged that prior for his prescribed ADHD medication Elvanse-Adult he only had checked whether the medication brand name was present on the WADA Prohibited List. A few months later he realised his mistake and became aware that the ingredient lisdexamfetamine in his medication was a prohibited substance.

The Athlete asserted that he was hampered in his effort to apply timely for a TUE because a different ADHD assessment was required with a waiting list of almost 6 months. While waiting for his assessment he continued to use his medication and to play rugby without a valid TUE.

In view of the evidence UKAD accepts that the Athlete's violation was not intentional. However due to his conduct UKAD concludes that he failed to establish No Significant Fault or Negligence.

Therefore UKAD decides on 17 August 2023 to impose a 2 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 14 June 2022.

In June 2023 the India National Anti-Doping Agency (INADA) reported an anti-doping rule violation against the fencer Radhika Prakash Awati after her sample tested positive for the prohibited substance Methylprednisolone.

Following notification a provisional suspension was ordered, yet not accepted by the Athlete. She filed a statement in her defence and was heard for the Anti-Doping Disciplinary Panel of India (ADDPI).

The Athlete accepted the test result and denied the intentional use of the substance. She stated that she underwent treatment for her diagnosed condition and had used prescribed medication which she had mentioned this on the Doping Control Form.

Previously In June 2023 the Athlete had applied for a retrospective TUE for her medication. However this TUE application was rejected in May 2023 and again rejected in July 2023 following the Athlete's appeal.

On both occasions the TUE Committees deemed that the application was incomplete and the filed prescriptions insufficient. Also the Athlete's doctor was deemed not qualified and the medical treatment inappropriate.

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

In view of the Athlete's conduct the Panel concludes that the violation was not intentional and that she had acted with a degree of negligence. Further the Panel considers that the she had not accepted the Provisional Suspension.

Therefore the Panel decides on 17 August 2023 to impose a 15 month period of ineligibility on the Athlete, starting on the date of the decision.

In May 2023 the India National Anti-Doping Agency (INADA) reported an anti-doping rule violation against the Athlete Jagath Singh Suresh Kumar for evading doping control at a competition in Delhi in March 2023.

Following notification a provisional suspension was ordered. The Athlete filed a statement in his defence and he was heard for the Anti-Doping Disciplinary Panel of India (ADDPI).

The Athlete alleged that he immediately had to leave the venue because of the illness of his mother. However the Panel deems that his explanation and his evidence does not show any emergency or a compelling justification for evading doping control.

Therefore the Panel decides on 16 October 2023 to impose a 4 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 10 May 2023.

In February 2022 the International Cycling Union (UCI) reported an anti-doping rule violation against the Belgian cyclist Toon Aerts after his A and B samples tested positive for the prohibited substance Letrozole.

Following notification a provisional suspension was ordered. The Athlete filed a statement in his defence and he was heard for the UCI Anti-Doping Tribunal (UCI-ADT).

The Athlete accepted the test results and denied the intentional use of the substance. He argued that there were sufficient grounds for a reduced sanction.

With evidence the Athlete made the following assertions:

• an expert opinion report concluded that a contaminated supplement Trisport Pharma Recup Shake Choco was the source of the positive test;
• an analysis report from an University Hospital Laboratory had detected low concentrations of Letrozole in the Athlete's supplement;
• a hair test analysis report determined only 1 incidental minute exposure of Letrozole;
• only through the contaminated supplement the Letrozole had entered his system;
• other options were excluded on how the substance had entered his system.

Hereafter 1 open package of the Athlete's supplement and 3 sealed packages of the same batch were analysed in the Cologne Laboratory in August 2022. Thereupon in September 2022 the Ghent Laboratory analysed another 2 sealed packages of the same batch.

However both laboratories reported that Letrozole had not been detected in the supplement. The same open package of the supplement, analysed in the Cologne Laboratory, had previously been analysed in the University Hospital Laboratory.

In this case the Parties both agree that the current file does not contain any element from which one can deduce that the violation was committed intentionally. Nevertheless the UCI raised the following objections:

• There is no reliable or concrete evidence that the Athlete's supplement was contaminated;
• The report of the University Hospital Laboratory is unreliable;
• The Cologne and Ghent laboratories detected no Letrozole in the supplement;
• The Cologne Laboratory is more performant than de University Hospital Laboratory and has a lower limit of detection;
• Previous collected samples tested negative in the period that the supplement had been used by the Athlete;
• No other members of the Athlete's team tested positive after using this supplement at the material time;
• The hairtest does not reveal the source of Letrozole;
• The alleged low concentration found by the University Hospital Laboratory in the Athlete's supplement is not consistent with the concentration Letrozole detected in the Athlete's sample.

The Sole Arbitrator assessed and addressed the evidence and assertions of the Parties and their expert witnesses. Ultimately the Arbitrator concludes that the Athlete has not discharged his burden of proof how, on a balance of probability, the prohibited substance had entered his system.

Therefore the UCI Anti-Doping Panel decides on 16 August 2023 to impose a 2 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 16 February 2022.

The Athlete shall be borne:

• The UCI legal costs;
• The costs for the results management;
• The costs of the out-of-competition testing; and
• The costs of the analyses of the supplement by the Cologne Laboratory.

In April 2023 the India National Anti-Doping Agency (INADA) reported an anti-doping rule violation against the powerlifter Hariom Khari after his sample tested positive for the prohibited substance Trenbolone.

Following notification a provisional suspension was ordered. The Athlete filed a statement in his defence and he was heard for the Anti-Doping Disciplinary Panel of India (ADDPI).

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 determines that the Athlete fully admitted the use of the prohibited substance.

Therefore the Panel decides on 16 August 2023 to impose a 4 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 12 April 2023.