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.

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.