NADO Flanders 2010 Disciplinary Commission 20107247

22 Mar 2011

In January 2011 NADO Flanders has reported an anti-doping rule violation against the cyclist after his sample tested positive for the prohibited substance Amfetamine. After notification the Athlete was heard for the NADO Flanders Disciplinary Commission. 

The Athlete fully admitted the intentional use of the substance, yet it was used to commit suicide after the death of his grandson. In support he produced an obituary notice but the Disciplinary Commission establish that the family name was unmentioned and deemed that his statement is unreliable. 

The Disciplinary Commission finds that the presence of the prohibited substance has been established in the Athlete’s sample and accordingly that he committed the anti-doping rule violation. Further the Commission considers that this is the Athlete’s second anti-doping rule violation due to in April 2008 he was sanctioned for 2 years also for the use of Amfetamine. 

Therefore the NADO Flanders Disciplinary Commission decides on 22 March 2011 to impose a fine and a lifetime period of ineligibility on the Athlete starting on the date of the decision. 

Fees and expenses for this Commission shall be borne partially by the Athlete.

Prevalence of blood doping in samples collected from elite track and field athletes

22 Mar 2011

Prevalence of blood doping in samples collected from elite track and field athletes /
Pierre-Edouard Sottas, Neil Robinson, Giuseppe Fischetto, Gabriel Dollé, Juan Manuel Alonso, and Martial Saugy.
Clinical Chemistry 57:5 p. 762–769 (2011)

BACKGROUND:
No reliable estimate of the prevalence of doping in elite sports has been published. Since 2001, the international governing body for athletics has implemented a blood-testing program to detect altered hematological profiles in the world's top-level athletes.

METHODS:
A total of 7289 blood samples were collected from 2737 athletes out of and during international athletic competitions. Data were collected in parallel on each sample, including the age, sex, nationality, and birth date of the athlete; testing date; sport; venue; and instrument technology. Period prevalence of blood-doping in samples was estimated by comparing empirical cumulative distribution functions of the abnormal blood profile score computed for subpopulations with stratified reference cumulative distribution functions.

RESULTS:
In addition to an expected difference between endurance and non-endurance athletes, we found nationality to be the major factor of heterogeneity. Estimates of the prevalence of blood doping ranged from 1% to 48% for subpopulations of samples and a mean of 14% for the entire study population. Extreme cases of secondary polycythemia highlighted the health risks associated with blood manipulations.

CONCLUSIONS:
When applied at a population level, in this case the population of samples, hematological data can be used to estimate period prevalence of blood doping in elite sports. We found that the world's top-level athletes are not only heterogeneous in physiological and anthropometric factors but also in their doping behavior, with contrasting attitudes toward doping between countries. When applied at the individual level, the same biomarkers, as formalized in the Athlete Biological Passport paradigm, can be used in analysis of the observed different physiological characteristics and behavioral heterogeneities.

ST 2011_01 DFSNZ vs Graham O’Grady

21 Mar 2011

Drug Free Sport New Zealand (DFSNZ) has reported an anti-doping rule violation against the Respondent after his A and B samples tested positive for the prohibited substance Morphine. After the notification a provisional suspension was ordered. Respondent filed a statement in his defence and was heard for the Tribunal.

Respondent did not challenge the positive test result which had been confirmed by A and B sample tests. However, he claimed he was not at fault in testing positive to morphine as the morphine found in his system was due to poppy seeds contained in loaves of gluten free poppy seed bread he had been eating before, and on the day of, the competition.
The Tribunal heard and accepted expert scientific evidence that morphine may be produced from consumption of poppy seeds (which are not prohibited substances). Poppy seeds are a potential, if not certain, source of morphine. The concentration of morphine that may result from consumption of poppy seeds is subject to many variables. There was some evidence that the variables involved in the present case, including the source of poppy seeds and the bread production process, may in combination have inflated the morphine concentration.
Having heard and seen Respondent and the other witnesses, the Tribunal was satisfied that the source of his positive test was the consumption of the poppy seed bread. On the evidence there was no other credible explanation.

As the Tribunal concludes that there was no fault on the part of Respondent for the anti-doping violation, no penalty of suspension was imposed and the provisional suspension order lapsed.
However, as an anti-doping violation had been established, Respondent’s competition result on 8 January has to be disqualified. The Tribunal emphasised that, in its experience, this was a very unusual case.

ISR 2010 KNBB Preliminary Decision Disciplinary Committee 2010075 TU1

21 Mar 2011

Related cases:
- ISR 2010 KNBB Preliminary Decision Disciplinary Committee 2010075 TU2
April 5, 2011
- ISR 2010 KNBB Decision Disciplinary Committee 2010075 T
June 1, 2011
- ISR 2010 KNBB Decision Appeal Committee 201075 B
November29, 2011

The Royal Dutch Billiards Union (Koninklijke Nederlandse Biljart Bond KNBB) has reported an anti doping rule violation against this person after he tested positive for the prohibited substance benzoylecgonine (a metabolite of cocaine).
Person filed several statements and objections in his defence. Person made futile objections about the provisional suspension and the credibility regarding the anti-doping test, the KNBB, the Disciplinary Committee and the Anti-doping Authority (DA).

In this Decision, dated March 21, 2011, the Disciplinary Committee rules a written proceeding of person’s filed statements and objections. The Committee decides to continue person’s provisional suspension. Fees and expenses for this committee shall be borne by person.

AFLD 2011 FFSU vs Respondent M27

17 Mar 2011

Facts
The French University Sport Federation (Fédération Française du Sport Universitaire, FFSU) charges respondent M27 for a violation of the Anti-Doping Rules. During a beach-volley tournament on June 10, 2010, a sample was taken for doping test purposes. The analysis of the sample showed the presence of prednisone and prednisolone. These substances are prohibited according the World Anti-Doping Agency (WADA) and they are regarded as specified substances.

History
The respondent had used medication to treat an emergency: a severe allergic reaction, which causes itching and swelling of the face. A physician confirmed the prescription of the treatment.

Decision
1. The respondent is acquitted.
2. The decision, dated October 7, 2010, from the disciplinary committee of the FFSU will be cancelled.
3. The decision will be published and sent to the parties involved.

AFLD 2011 FFME vs Respondent M26

17 Mar 2011

Facts
The French Mountaineering and Climbing Federation (Fédération Française de la Montagne et de l'Escalade, FFME) charges respondent M26 for a violation of the Anti-Doping Rules. During a doping control at the French climbing championship October 12, 2008, a sample was taken from the respondent. The sample tested positive on benzoylecgonine a metabolite of cocaine. Cocaine is a prohibited substance on the World Anti-Doping Agency (WADA) prohibited list.

History
The WADA appealed before the council of state against the decision, dated June 25, 2009 (no. 2009-16) of the Agence Française de Lutte Contre le Dopage (AFLD). The council of state in her decision, dated December 1, 2010 (no. 334.372) cancelled the decision of the AFLD and requested a new hearing. In the original case the respondent was acquitted because in the doping report she was regarded as a male while she was a female.

Decision
1. The sanction is a period of ineligibility of one year in which respondent can't take part in competition or manifestation organized or authorized by the FFME.
2. The decision starts on the date of notification.
3. The decision will be published and sent to the parties involved.

AFLD 2011 FFC vs Respondent M28

17 Mar 2011

Facts
The French Cycling Federation (Fédération Française de Cyclisme, FFC) charges respondent M28 for a violation of the Anti-Doping Rules. During a cycling event on August 11, 2010, a sample was taken for doping test purposes. The sample tested positive on triamcinolone. Triamcinolone is a prohibited substances according the World Anti-Doping Agency prohibited list and is regarded as a specified substance.

History
The respondent explained that the positive test was caused by medication used to treat a chronicial condition called allergic rhinitis.

Decision
1. The respondent is acquitted.
2. The decision will be published and sent to the parties involved.

AFLD 2011 FFSquash vs Respondent M25

17 Mar 2011

Facts
The French Squash Federation (Fédération Française de Squash, FFSquash) charges respondent M25 for a violation of the Anti-Doping Rules. During a squash event on May 14, 2010, a sample for a doping test purposes was taken. The sample tested positive for a metabolite of cannabis. Cannabis is a prohibited substance according the Word Anti-Doping Agency (WADA) prohibited list. Cannabis is regarded as a specified substance.

History
The respondent had used the cannabis during in a recreational setting a week before the doping control. There was no intention to enhance sport performance.

Decision
1 The sanction is a period of ineligibility of six months in which respondent can't take part in competition or manifestation organized by the FFSquash.
2. All the results obtained at the event on May 14, 2010, will be cancelled. Medals, points and prizes are withdrawn.
5. The decision will start on the date of notification.
6. The decision will be published and sent to the parties involved.

AFLD 2011 FFTri vs Respondent M24

17 Mar 2011

Facts
The French Triathlon Federation (Fédération Française de Triathlon, FFTri) charges respondent M24 for a violation of the Anti-Doping Rules. During a thriatlon on September 19, 2010, a sample was collected for doping control purposes. The analysis of the sample showed the presence of prednisone, prednisolone, nikethamide and a metabolite of nikethamide. These substances are regarded as prohibited substances according the World Anti-Doping Agency (WADA) prohibited list. Nikethamide is regarded as a specified substance.

History
The respondent had used medications against back pain and tiredness. These medications had caused the positive test.

Decision
1. The decision is a period of ineligibility of one year in which respondent can't take part in competition and manifestation organized or authothorized by the FFTri as pronounced in the decision dated November 23, 2010, of the disciplinary committee of the FFTri and extended to all French sport federations.
2. The present decision will start on the date of notification.
5. The decision will be published and sent to the parties involved.

FEI 2011 FEI vs Jose Henrique Fernandes Pereira

17 Mar 2011

Facts
The International Equestrian Federation (FEI) charges Jose Henrique Fernandes Pereira (the athlete) for a violation of the Anti-Doping Rules. Jose Henrique Fernandes Pereira (the "Athlete") participated at the CDI in Arruda Dos Vinhos, POR (the "Event"), from 11 to 13 December 2009. On 12 December 2009, the Athlete was selected for in-competition testing. His sample tested positive on cannabinoids, metabolites of cannabis. Cannabis is a prohibited substance on the WADA 2009 prohibited list. Cannabinoids are classified as "Specified Substances" on the Prohibited List and are therefore treated differently than other Prohibited Substance categories. Following an error of communication, on 18 February 2010, the analysis of the B-Sample took place. Whereas the Athlete had not been officially notified of the positive test result by the FEI at the time of the B-Sample analysis.

History
The athlete was invited to a friend's birthday party in Viana do Castelo, Portugal in early December 2009 and participated in smoking a cannabis cigarette that was passed around and smoked by others. The Athlete mentioned that he was tempted to join by an environment of others that smoked on that
occasion, although he does not have the habit of using any kind of drugs. The decision to smoke cannabis during was "an isolated act, adopted in a friendship environment". The Athlete argued that Cannabinoids do not have performance enhancing effects.

Decision
1. The Athlete shall be suspended for a period of three (3) months to be effective immediately and without further notice from the date of the notification.
2. The Athlete is fined CHF 2,000.-.

Costs
The Athlete shall contribute CHF 1,500.- towards the legal costs of the legal procedure.

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