NIF 2020-10 Disciplinary Decision - Basketball

25 Nov 2021

In September 2020 Anti-Doping Norway (ADNO) reported an anti-doping rule violation against the basketball player (40) after his sample tested positive for the prohibited substance Methylphenidate. After notification a provisional suspension was ordered.

The Athlete did not accept the provisional suspension, nor did he accept the sanction proposed by ADNO. He filed a statement in his defence and the NIF Judging Committee rendered a decision based on the written submissions of the Parties.

The Athlete denied the intentional use of the substance and could not explain how the substance had entered his system. He had used several supplements and vitamines and was not aware that that one of these products probably contained a prohibited substance.

He also had purchased and used supplements and medication in Thailand with labels in Thai as treatment for his health problemens. He acknowledged that he may have been careless with the products he had used.

ADNO determines that the Athlete's violation was not intentional and requested the Panel for a sanction of 2 years. ADNO finds that he failed to demonstrate the source of the prohibited substance and had acted negligently with his supplements en medication.

The NIF Judging Committee finds that the presence of a prohibited substance had been established in the Athlete’s sample and accordingly that he committed an anti-doping rule violation. 

The Judging Committee agrees that the Athlete's violation was not intentional, yet he clearly had acted negligently with the supplements en medication he had used. He also failed to demonstrate how the substance had entered his system.

Further the Committed determines that there had been delays in the proceedings not attributed to the Athlete. Finally the Committee considers that he had not accepted a provisional suspension.

Therefore the NIF Judging Committee decides on 25 November 2021 to impose a 2 year period of ineligibility on the Athlete, starting on the date of the notification, i.e. 15 September 2020.

AAA 2023 No. 012300029927 USADA vs Andre Luiz Novaes Porfirio

4 Jan 2024

In March 2023 the United States Anti-Doping Agency (USADA) reported multiple anti-doping rule violations against the Ju-Jitsu Athlete Andre Luiz Novaes Porfirio:

  • for the use of the prohibited substance Testosterone and evasion of sample collection on 11 December 2022; and
  • for his evasion of sample collection on 20 December 2022 and the presence of Testosterone in his A and B samples.

Following notification a provisional suspension was ordered. The Athlete filed a statement in his defence and he was heard for the AAA Commercial Arbitration Tribunal.

Initially the Athlete admitted the anti-doping rule violations. Yet, at the hearing he retracted his admissions and disputed all the charges reported against him.

Doping Control Officers (DCOs) reported that the Athlete was selected for sample collection on 11 December 2022. However at the event USADA's officials and sports personnel were unable to locate the Athlete.

Thereupon on 20 December 2022 the DCOs were unsuccesful in collecting a sample at 7:00 am. Ultimately the DCOs collected a sample at 2:00 pm after the Athlete was initially unresponsive.

During proceedings the Athlete at first stated that he had left the event early on 11 December because he to catch his flight back home. Later he admitted that he had purchased and used Testosterone.

The Athlete acknowledged that he was warned that he was selected to be tested by USADA at the event. Because he had used Tesosterone he left the event to avoid being tested.

The Sole Arbitrator finds that the presence of a prohibited substance Testosterone had been established in the Athlete's samples and accordingly that he had committed an anti-doping rule violation. He also had admitted the use of Testosterone.

In view of the testimonies of the USADA's officials the Sole Arbitrator determines that the Athlete evaded sample collection on 11 December 2022 and delayed sample collection on 20 December 2022. As a result he committed 2 anti-doping rule violations for evading doping control.

Therefore the AAA Arbitration Tribunal decides on 4 January 2024 to impose a 4 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 21 March 2023.

World Athletics 2023 WA vs Ayub Kiptum

19 Jan 2024

In December 2023 the Athletics Integrity Unit (AIU), on behalf of World Athletics, reported an anti-doping rule violation against the Kenyan Athlete Ayub Kiptum after his sample tested positive for the prohibited substance Testosterone.

Following notification the Athlete initially failed to respond to the AIU communication. Ultimately in January 2024 the Athlete timely admitted the violation, waived his right for a hearing and accepted the sanction proposed by the AIU.

The AIU deems that the Athlete failed to demonstrate that the violation was not intentional. Because he had signed and submitted the Admission of Anti-Doping Rule Violations and Acceptance of Consequences Form he received a 1 year reduction from the AIU.

Therefore the AIU decides on 19 January 2024 to impose a 3 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 22 December 2023.

World Athletics 2023 WA vs Hosea Kimeli Kisorio

18 Jan 2024

In December 2023 the Athletics Integrity Unit (AIU), on behalf of World Athletics, reported an anti-doping rule violation against the Kenyan Athlete Hosea Kimeli Kisorio after his sample tested positive for the prohibited substance Erythropoietin (EPO).

Following notification the Athlete initially failed to respond to the communications of the AIU. Ultimately in January 2024 the Athlete timely admitted the violation, waived his right for a hearing and accepted the sanction proposed by the AIU.

The AIU deems that the Athlete failed to demonstrate that the violation was not intentional. Because he had signed and submitted the Admission of Anti-Doping Rule Violations and Acceptance of Consequences Form he received a 1 year reduction from the AIU.

Therefore the AIU decides on 18 January 2024 to impose a 3 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 1 December 2023.

World Athletics 2023 WA vs John Tello Zuniga

13 Dec 2023

In August 2023 the Athletics Integrity Unit (AIU), on behalf of World Athletics, reported an anti-doping rule violation against the Colombian Athlete John Tello Zuniga after his A and B samples tested positive for the prohibited substance Erythropoietin (EPO).

Following notification the Athlete timely admitted the violation in November 2023, waived his right for a hearing and accepted the sanction proposed by the AIU.

The AIU deems that the Athlete failed to demonstrate that the violation was not intentional. Because he had signed and submitted the Admission of Anti-Doping Rule Violations and Acceptance of Consequences Form he received a 1 year reduction from the AIU.

Therefore the AIU decides on 13 December 2023 to impose a 3 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 25 August 2023.

UKAD 2023 UKAD vs Krzysztof Glowacki

13 Nov 2023

In April 2023 the United Kingdom Anti-Doping (UKAD) reported an anti-doping rule violation against the Polish boxer Krzysztof Glowacki after his sample tested positive for the prohibited substance Boldenone. Following notification a provisional suspension was ordered and the Athlete was heard for the National Anti-Doping Panel.

The Athlete denied the intentional use of the substance and stated that prior he had received medical treatment from a doctor in Warsaw for the serious injury to his hand. Yet the Athlete was hampered to provide timely sufficient evidence from a clinic accompanied by an official translation before he attended the hearing.

The Panel determines that the Athlete's medical treatment with (the banned substance) Betamethasone for his injury could not explain the presence of Boldenone in his system. Ultimately the Panel concludes that the Athlete failed to establish with corroborating evidence that the violation was not intentional and that there are no exceptional circumstances.

Therefore the Panel decides on 13 November 2023 to impose a 4 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 6 April 2023.

UKAD 2023 UKAD vs Tobias Richardson

13 Nov 2023

In August 2023 the United Kingdom Anti-Doping (UKAD) reported an anti-doping rule violation against the rugby player Tobias Richardson after his sample tested positive for the prohibited substance Cocaine.

Following notification the Athlete admitted the violation, waived his right for a hearing, accepted a provisional suspension and the sanction proposed by UKAD.

The Athlete acknowledged that on a Friday with friends he recreationally had used Cocaine out-of-competition and thereupon on Sunday had a match and sample collection. Besides consuming pints of beer on Friday night he had used a total of one gram of Cocaine.

UKAD accepts that the Athlete had used Cocaine out-of-competition in a context unrelated to sport performance that permits the imposition of a reduced sanction.

Therefore UKAD decides on 13 November 2023 to impose a 3 month period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 17 August 2023.

UKAD 2023 RFU vs Taiye Ryan Olowofela

6 Nov 2023

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

Following notification a provisional suspension was ordered by the Rugby Football Union (RFU). The Athlete admitted the violation, waived his right for a hearing and stated that the use of Cocaine occurred out-of-competition on a Thursday.

Considering the findings of the test result and the Athlete's statements UKAD concluded that the ingestion of Cocaine occurred during the in-competition period. Hereafter the Athlete demonstrated that he had the date wrong and that the use of Cocaine indeed had occurred out-of-competition.

He explained that the match and sample collection had not occurred on a Saturday since the rugby match was this time played unusually on a Sunday. He showed with corroborating evidence that he was at home on the Saturday, feeling unwell from the excesses of the Friday night before.

In view of the new evidence the RFU accepts that the Athlete had used Cocaine out-of-competition in a context unrelated to sport performance. Because he had admitted the violation a reduced sanction shall be imposed on the Athlete.

Therefore the RFU decides on 6 November 2023 to impose a 3 month period of ineligibility on the rugby player, starting on the date of the provisional suspension, i.e. on 28 April 2023. Because the Athlete already had served this period of ineligibility during the provisional suspension he is eligible to participate in sport forthwith.

UKAD 2023 UKAD vs Charley Bodman

6 Nov 2023

In May 2023 United Kingdom Anti-Doping (UKAD) reported an anti-doping rule violation against the rugby player Charley Bodman after his sample tested positive for the prohibited substance Terbutaline. Following notification a provisional suspension was ordered and the Athlete filed a statement in his defence.

The Athlete accepted the test result, admitted the violation and denied the intentional use of the substance. He explained that he used Terbutaline as prescribed medication for his asthma.

He argued that he mentioned his medication on the Doping Control Form while he already had made the application for a TUE when he was tested. Thereupon UKAD's TUE Panel dismissed the Athlete's application for a retroactive TUE because he had failed to make an application timely for a TUE in advance for his prescribed medication.

The Athlete asserted that in 2021 and in 2022 he was adviced twice by medical professionals that he needed a TUE. Yet, he was not informed twice that he could not play without a TUE.

Considering the evidence and the circumstances in this case UKAD deems that the Athlete's violation was not intentional. Furthermore UKAD concludes that Athlete acted with No Significant Fault or Negligence.

Therefore UKAD decides on 6 November 2023 to impose an 18 month period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 26 May 2023.

UKAD 2023 UKAD vs Harry Tyson-Wilson

26 Oct 2023

In May 2022 United Kingdom Anti-Doping (UKAD) was informed by the police that the rugby player Harry Tyson-Wilson in March 2019 had purchased online the prohibited substance Methandienone.

Thereupon in April 2023 UKAD reported an anti-doping rule violation against the Athlete for the possession and use of the prohibited substance. Following notification the Athlete timely admitted the violation, waived his right for a hearing, accepted a provisional suspension and the sanction proposed by UKAD.

In view of the principle of lex mitior and the stipulations in the 2021 ADR UKAD determines that the Athlete shall receive a 1 year reduction for his timely admission of the anti-doping rule violations and his acceptance of the sanction.

Therefore UKAD decides on 26 October 2023 to impose a 3 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 12 April 2023.

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