AFLD 2008 FFC vs Respondent M73

18 Dec 2008

Facts
The French Cycling Federation (Fédération Française de Cyclisme, FFC) charges respondent M73 for a violation of the Anti-Doping Rules. During a cycling event on July 4, 8, 13 and 15, 2008, samples were taken for doping test purposes. The analysis of the samples showed the presence of a Erythropoietin (EPO) of the type Mircera which is a prohibited substance according the World Anti-Doping Agency (WADA) prohibited list.

History
The legal representative of the respondent disputes the results because his client was already been sanctioned, on October 2, 2008, by the Italian Anti-Doping Authority. This leads to a situation of "Non bis in Idem" a person can't be convicted twice for the same offense. Respondent had already made an appeal before the Court of Arbitration for Sport (CAS_A_1698) against the decision of October 2, 2008, by the Italian National Olympic Committee (CONI). However the offense happened in France.

Decision
1. The sanction is period of ineligibility of two years in which the respondent can't take part in competition or manifestations organized or authorized by French sport federations.
2. The period of ineligibility will be reduced by the period already served after July 17, 2008.
3. All the results obtained at the Tour de France 2008 are cancelled. Medals, points and prizes are withdrawn by the FCC.
3. The decision starts on the date of notification.
4. The decision will be published and sent to the parties involved.

AFLD 2008 FFC vs Respondent M72

18 Dec 2008

Facts
The French Cycling Federation (Fédération Française de Cyclisme, FFC) charges respondent M72 for a violation of the Anti-Doping Rules. During a cycling event on July 8, 2008, a sample was taken for doping test purposes. The analysis of the sample showed the presence of a Erythropoietin (EPO) which is a prohibited substance according the World Anti-Doping Agency (WADA) prohibited list.

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

Decision
1. The sanction is period of ineligibility of two years in which the respondent can't take part in competition or manifestations organized or authorized by French sport federations.
2. All the results obtained at July 8, 2008, are cancelled. Medals, points and prizes are withdrawn.
3. The decision starts on the date of notification.
4. The decision will be published and sent to the parties involved.

AFLD 2008 FFBB vs Respondent M71

11 Dec 2008

Facts
The French Basketball Federation (Fédération Française de Basket-Ball, FFBB) charges respondent M71 or a violation of the Anti-Doping Rules. During a match on April 18, 2008, a sample was taken for doping test purposes. The analysis of the sample showed the presence a metabolite of cannabis. Cannabis is a prohibited substances according the World Anti-Doping Agency (WADA) prohibited list and regarded as specified substance.

History
The respondent didn't contest the doping test result, but throughout the procedure he didn't provide any information about how the prohibited substance had entered his body. The panel concludes that the sport he is practicing and his admittance that there was no intention to enhance sport performance.

Decision
1. The sanction is a period of ineligibility of one year, in which respondent can't take part in competition or manifestations organized or authorized by the FFBB.
2. The decision (a warning) dated July 25, 2008, of the disciplinary committee of the FFBB should be modified.
3. The decision starts on the date of notification.
4. The decision will be published and sent to the parties involved.

IPC 2014_07_07 IPC vs Roohallah Rostami

7 Jul 2014

Mr. Roohallah Rostami is an Iranian Athlete in the sport of IPC Powerlifting. On 07 April 2014, the Athlete competed at the IPC Powerlifting World Championships in Dubai, United Arab Emirates (UAE), where he provided a sample for doping control.

In May 2014 the International Paralympic Committee (IPC) has reported an anti-doping rule violation against the Athlete after his sample tested positive for the prohibited substances methylhexaneamine (dimethylpentylamine).

After notification a provisional suspension was ordered. The notification included a form titled “Letter of Decision” for the Athlete to complete and return. The Athlete returned the signed Letter of Decision to the IPC on time. In the Letter of Decision, the Athlete stated that he did not accept that he had committed an Anti-Doping Rule Violation or the consequences as set out in the Notification of an Adverse Analytical Finding. The Athlete filed a statement in his defence and was heard for the IPC Anti-Doping Committee.

The Athlete stated that he went to visit a local doctor due to his overweight. The doctor had no connection to sport and prescribed him the use of a “Fat Burner” supplement. The label of the supplement indicated the content of caffeine, Green Tea, Arginine and Chromium. The athlete stated he used the supplement “till two days before competitions” but that it never crossed his mind that his test result may be positive.
The Committee concludes that the Athlete used the substance with the intention of losing weight and therefore as clear intention to improve his sport performance.

Thefore IPC Anti-Doping Committee recommends the following to the IPC Governing Board:
(a.) pursuant to article 9 of the Code, automatic disqualification of all competing results obtained in that Competition (07 April 2014) including forfeiture of any medals, points and prizes.
(b.) pursuant to article 10.1 of the Code, disqualification of all competing results including forfeiture of any medals, points and prizes obtained at the Event and subsequent to the sample collection date (07 April 2014).
(c.) pursuant to article 10.2 of the Code, a two 2 year period of ineligibility shall be imposed on the Athlete;
(d.) pursuant to article 10.8, disqualification of results with all consequences, including forfeiture of all medals, points and prizes in competitions subsequent to sample collection (07 April 2014),
(e.) pursuant to Article 10.9.2 of the Code (Timely Admission), the period of ineligibility shall start on the date of sample collection and therefore the Athlete should be declared ineligible from 7 April 2014 until, and including, 6 April 2016; and
(f.) pursuant to article 10.11 and the provisions of the IPC Handbook, Section 2, Chapter 1.2 (Rules on the imposition of financial sanctions for anti-doping rule violations), a financial sanction of EUR 1,500.

On 7 July 2014 the IPC Governing Board accepted the recommendation of the IPC Anti-Doping Committee.

IPC 2014_06_22 IPC vs Ivan Palacios

22 Jun 2014

Mr. Ivan Palacios is a Colombian Athlete in the sport of IPC Powerlifting. On 28 March 2014, the Athlete competed at the 2014 Para South American Games in Santiago, Chile, where he provided a sample for doping control.

In April 2014 the International Paralympic Committee (IPC) has reported an anti-doping rule violation against the Athlete after his sample tested positive for the prohibited substances chlorothiazide and hydrochlorothiazide.

After notification a provisional suspension was ordered. The notification included a form titled “Letter of Decision” for the Athlete to complete and return. The Athlete returned the signed Letter of Decision to the IPC stated that he did not accept either that he had committed an Anti-Doping Rule Violation or the consequences as set out in the Notification of an Adverse Analytical Finding. The Athlete filed a statement with evidence in his defence and was heard for the IPC Anti-Doping Committee.

The Athlete stated that he suffered from arterial hypertension since March 2012. He was treated in a hospital and he used losartan and hydrochlorothiazide as prescribed medication, as sustained by the submitted medical evidence. The Athlete did not apply for a TUE, nor did he reseach the ingredients of his medication befor using.

The Committee concludes that the Athlete used the substance for legitimate medical purposes and without intention to enhance his sport performance. Also the substance wasn’t used to loose weight, due to Athlete’s weight was below the limit of his category.

Considering the circumstance the IPC Anti-Doping Committee recommends the following to the IPC Governing Board:
(a.) pursuant to Article 7.5 of the Code, confirmation of the provisional suspension from the date of notification, 30 April 2014;
(b.) pursuant to Article 9 of the Code, disqualification of the results obtained in the competition on 28 March 2014, including forfeiture of any medals, points and prizes;
(c.) pursuant to Article 10.1 of the Code, disqualification of all of the Athlete’s individual results obtained in the Event (26-30 March 2014) with all consequences, including forfeiture of all medals, points and prizes;
(d.) pursuant to Article 10.4 of the Code, a one (1) year period of ineligibility shall be imposed on the Athlete;
(e.) while the period of ineligibility would normally start on the date of the Governing Board’s decision (Article 10.9 of the Code), here pursuant to Article 10.9.2 of the Code (timely admission) the period of ineligibility shall start on the date of sample collection, 28 March 2014 and end on 27 March 2015;
(f.) pursuant to Article 10.11 of the Code and the IPC Handbook, Section 2, Chapter 1.2 (‘Rules on the imposition of financial sanctions for anti-doping rule violations’), a financial sanction of EUR 750 shall be imposed on the Athlete.

On 22 June 2014 the IPC Governing Board accepted the recommendation of the IPC Anti-Doping Committee.

IPC 2014_06_22 IPC vs Ilfat Mukhatarov

22 Jun 2014

Mr. Ilfat Mukhatarov is a Russian Athlete in the sport of IPC Powerlifting. On 04 April 2014, the Athlete was tested out-of-competition while he was in Dubai, United Arab Emirates (UAE) for the IPC Powerlifting World Championships.

In April 2014 the International Paralympic Committee (IPC) has reported an anti-doping rule violation against the Athlete after his sample tested positive for the prohibited substance Indapamide.

After notification a provisional suspension was ordered. The notification included a form titled “Letter of Decision” for the Athlete to complete and return. The IPC received the signed Letter of Decision and the Athlete stated that he accepts that he committed an anti-doping rule violation and accepts the
consequences as set out in the “Notification of an Adverse Analytical Finding”.

The IPC Anti-Doping Committee recommends the following to the IPC Governing Board:
(a.) pursuant to article 10.2 of the Code, a 2 year period of ineligibility shall be imposed on the Athlete;
(b.) pursuant to article 10.8, disqualification of results with all consequences, including forfeiture of all medals, points and prizes in competitions subsequent to sample collection (4 April 2014),
(c.) pursuant to Article 10.9.2 of the Code (Timely Admission), the period of ineligibility shall start on the date of sample collection and therefore the Athlete should be declared ineligible from 4 April 2014 until, and including, 3 April 2016; and
(d.) pursuant to article 10.11 and the provisions of the IPC Handbook, Section 2, Chapter 1.2 (Rules on the imposition of financial sanctions for anti-doping rule violations), a financial sanction of EUR 1,500.

On 22 June 2014 the IPC Governing Board accepted the recommendation of the IPC Anti-Doping Committee.

AFLD 2008 FFA vs Respondent M70

11 Dec 2008

Facts
The French Athletics Federation (Fédération Française d'Athlétisme, FFA) charges respondent M70 for a violation of the Anti-Doping Rules. During an athletics event on May 8, 2008, 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) prohibited list. They are regarded as specified substances.

History
The respondent had used medication to treat pain on his knee. He did mention the use of it on the doping control form and has a certificate from his physician. There was no intention to enhance sport performance.

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

AFLD 2008 FFB vs Respondent M68

11 Dec 2008

Facts
The French Federation of Billiards (Fédération Française de Billard, FFB) charges respondent M68 for a violation of the Anti-Doping Rules. During a contest on June 29, 2008, the respondent evaded a doping control.

History
The respondent at first mentioned on the doping control form that he had to leave for being on time for the train. But later he admitted that he feared the detection of cannabis which he uses regularly. There was no intention to enhance his sport performance.

Decision
1. The sanction is a period of ineligibility of two years in which respondent can't take part in competition or manifestations organized or authorized by the FFB.
2. The decision (one year period of ineligibility, with six months conditional) of September 20, 2008, by the disciplinary committee of the FFB should be modified.
3. The decision starts on the date of notification.
4. The decision will be published and sent to the parties involved.

AFLD 2008 FFFA vs Respondent M65

13 Nov 2008

Facts
The French Federation of American Football (Fédération Française de Football Américain, FFFA) charges respondent M65 for a violation of the Anti-Doping Rules. During a match on March 9, 2008, 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 uses cannabis occasionally for many years, he had no intention to enhance sport performance. He already was sanctioned for the same violation by the decision (one year period of ineligibility, with six months conditionally) on June 20, 2006, by the disciplinary committee of the FFFA.

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

AFLD 2008 FFFA vs Respondent M66

13 Nov 2008

Facts
The French Federation of American Football (Fédération Française de Football Américain, FFFA) charges respondent M66 for a violation of the Anti-Doping Rules. During a match on July 5, 2008, 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 had used cannabis four day before the match, he uses cannabis occasionally but has no intention to enhance his sport performance.

Decision
1. The sanction is a period of ineligibility of four 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.

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