ANADO Legal Note #17

2 Dec 2010

Interesting Recent Decisions:
(1) Methylhexaneamine and Lex Mitior
(2) Violating a Period of Ineligibility

AFLD 2010 FFHMFAC vs Respondent M79

2 Dec 2010

Facts
The French Federation of Weightlifting, Fitness, Powerlifting and Bodybuilding (Fédération Française d'Halterophilie, Musculation, Force Athlétique et Culturisme, FFHMFAC) charges respondent M79 for a violation of the Anti-Doping Rules. During a contest on March 6, 2010, a sample was taken for doping test purposes. The sample showed the presence of a metabolite of Cannabis. Cannabis is a prohibited substance according the World Anti-Doping Agency (WADA) prohibited list and is regarded as a specified substance.

History
The respondent didn't provide any explanation about how the prohibited substance had entered his body.

Decision
1. The sanction is a period of ineligibility of six months in which respondent can't take part in competition or manifestation organized or authorized by the FFHMFAC.
2. The period of ineligibility will be reduced by the period served by the decision (two months period of ineligibility), dated May 18, 2010, by the disciplinary committee of the FFHMFAC.
4. The decision starts on the date of notification.
5. The decision will be published and sent to the parties involved.

AFLD 2010 FFHMFAC vs Respondent M78

2 Dec 2010

Facts
The French Federation of Weightlifting, Fitness, Powerlifting and Bodybuilding (Fédération Française d'Halterophilie, Musculation, Force Athlétique et Culturisme, FFHMFAC) charges respondent M78 for a violation of the Anti-Doping Rules. During a contest on March 6, 2010, a sample was taken for doping test purposes. The sample showed the presence of a metabolite of cannabis. Cannabis is a prohibited substance according the World Anti-Doping Agency (WADA) prohibited list and is regarded as a specified substance.

History
The respondent uses cannabis occasionally in a recreational setting. There was no intention to enhance sport performance.

Decision
1. The sanction is a period of ineligibility of four months in which respondent can't take part in competition or manifestation organized or authorized by the FFHMFAC.
2. The period of ineligibility will be reduced by the period served by the decision (one month period of ineligibility), dated May 18, 2010, by the disciplinary committee of the FFHMFAC.
4. The decision starts on the date of notification.
5. The decision will be published and sent to the parties involved.

AFLD 2010 FFFA vs Respondent M77

2 Dec 2010

Facts
The French Football Federation (Fédération Française de Football Américain, FFFA) charges respondent M77 for a violation of the Anti-Doping Rules. During a match on November 22, 2009, a sample was taken for doping control purposes. The analysis showed the presence of a metabolite of cannabis. Cannabis is a prohibited substance according the World Anti Doping Agency (WADA) prohibited list and is regarded as a specified substance.

History
The respondent didn't provide any information about how the prohibited substance had entered his body.

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

AFLD 2010 UFOLEP vs Respondent M72

2 Dec 2010

Facts
The French Federation for Public Physical Education (Union Française des Oeuvres Laïques d'Éducation Physique, UFOLEP) charges respondent M72 for a violation of the Anti-Doping Rules. During a cycling event on June 6, 2010, a sample was taken for doping test purposes. The analysis of the sample showed the presence of prednisolone and prednisone. These substances are prohibited according the World Anti-Doping Agency (WADA) prohibited list and regarded as specified substances.

History
Respondent had used medication containing prednisolone to treat nasopharyngitis. He has a certificate from his physician and a certificate of his practitioner to state his medical condition. However these statements don't explain the concentration measured.

Decision
1. The sanction is a period of ineligibility of six months, in which respondent can't take part in competition or manifestation organized or authorized by the UFOLEP, as pronounced by the disciplinary committee of the UFOLEP on August 23, 2010, but extended to all relevant French sport federations.
2. The decision start on the date of notification.
3. The decision will be published and sent to the parties involved.

AFLD 2010 FFR XIII vs Respondent M75

2 Dec 2010

Facts
The French Rugby League (Fédération Française de Rugby à XIII, FFR XIII) charges respondent M75 for a violation of the Anti-Doping Rules. Respondent didn't provide his whereabouts data correctly as being part of the registered testing group.

History
The respondent explains that his misconduct derived from some work related problems, for that reason he wasn't engaged with his sport.

Decision
1. The sanction: a period of ineligibility of six months, as pronounced in the decision, dated July 7, 2010, by the disciplinary committee of the FFR XIII, is upheld.
2. The period of ineligibility will be reduced by the period already served by the decision of July 7, 2010.
3. The appeal of the respondent is rejected.
4. The decision starts on the date of notification.
5. The decision will be published and sent to the parties involved.

AFLD 2010 FFHMFAC vs Respondent M74

2 Dec 2010

Facts
The French Federation of Weightlifting, Fitness, Powerlifting and Bodybuilding (Fédération Française d'Halterophilie, Musculation, Force Athlétique et Culturisme, FFHMFAC) charges respondent M74 for a violation of the Anti-Doping Rules. During a contest on December 19, 2009, a sample was taken for doping test purposes. The sample showed the presence of salbutamol. Salbutamol is a prohibited substances according the World Anti-Doping Agency (WADA) prohibited list and is regarded as a specified substance.

History
The respondent uses a spray to deal with his asthma, he takes this daily and also before and during intense physical exertion. There is no intention to enhance sport performance. He has medical proof of his condition.

Decision
1. The respondent is acquitted.
2. The decision, dated April 13, 2010, by the disciplinary committee of the FFHMFAC will not be modified.
4. The decision starts on the date of notification.
5. The decision will be published and sent to the parties involved.

AFLD 2010 FFBB vs Respondent M73

2 Dec 2010

Facts
The French Basketball Federation (Fédération Française de Basket-Ball, FFBB) charges respondent M73 for a violation of the Anti-Doping Rules. During a match on April 10, 2010, a sample was taken for doping test purposes. The analysis of the sample showed the presence of prednisone and prednisolone. Prednisone and prednisolone are prohibited according the World Anti-Doping Agency (WADA) prohibited list and they are regarded as specified substances.

History
The respondent had used medication which contained the prohibited substances to treat his wisdom teeth a week before the doping control. He had a copy of the order for surgery and a pharmaceutical prescription which shows the prohibited substance. The panel doesn't recognize the produced documents as therapeutic justification for the medication, also the use wasn't mentioned during the doping control.

Decision
1. The sanction is a period of ineligibility of six months, in which respondent can't take part in competition or manifestations organized or authorized by the FFBB.
2. The decision dated June 22, 2010, by the disciplinary committee of the FFBB should be cancelled.
3. The decision starts on the date of notification.
4. The decision will be published and sent to the parties involved.

AFLD 2010 UFOLEP vs Respondent M72

2 Dec 2010

Facts
The French Federation for Public Physical Education (Union Française des Oeuvres Laïques d'Éducation Physique, UFOLEP) charges respondent M72 for a violation of the Anti-Doping Rules. During a cycling event on May 9, 2010, a sample was taken for doping test purposes. The analysis of the sample showed the presence of triamcinolone. This substance is prohibited according the World Anti-Doping Agency (WADA) prohibited list.

History
Respondent admits an intramuscular injection with the prohibited substance without a therapeutic justification.

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 UFOLEP, as decided by the disciplinary committee of the UFOLEP on July 10, 2010, but extended to all relevant French sport federations.
2. The decision start on the date of notification.
3. The decision will be published and sent to the parties involved.

IRB 2010 IRB vs Joji Tu’ipulotu

2 Dec 2010

Facts
The International Rugby Board (IRB) alleges Joji Tu’ipulotu for a violation of the Anti-Doping Rules. Following a match in Fiji between the Tau’uta Reds and the Fijian Barbarians, the Player was selected for doping control. His sample showed the presence of metabolites of cannabis in a concentration of 36 ng/ml.

History
Less than a week before playing in an IRB tournament, the Player went to a party and used cannabis. He knew that the use of cannabis is prohibited in rugby and that he could be tested for cannabis and other substances, but thought that he would not get caught. He did not consider the consequences of his actions until he sobered up. Even then, he elected to play in matches when he knew that the consequences of his cannabis use may not have been eliminated from his system. His use of cannabis was recreational and not intended to enhance sport performance.

Decision
The degree of fault of the Player, and the circumstances, warrant a five month sanction. The Player had sufficient experience and seniority to have known better.
The fact that a five month period of Ineligibility may have financial consequences for the Player is not a valid factor in determining the appropriate period of Ineligibility. Indeed, it is important to emphasise that the sanctioning regime for anti-doping rule violations is a universal one and applies equally to professional and amateur players of the Game.
The period of Ineligibility should be regarded as having commenced on the date of the Player’s provisional suspension, namely 18 June 2010. The period of Ineligibility expired on 18 November 2010.

Costs
Written submissions should be submitted on time.

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