Facts
The French Cycling Federation (Fédération Française de Cyclisme, FFC) charges respondent M49 for a violation of the Anti-Doping Rules. During a cycling event on January 27, 2008, a sample was taken for doping test purposes. The analysis of the sample showed prednisone, prednisolone and a high testosterone on epitestosterone level. A complementary spectrometric analysis of the sample revealed an exogenous origin of testosterone. Exogenous testosterone is a prohibited substance according the World Anti-Doping Agency (WADA) prohibited list.

History
The respondent explained that he had used dietary supplements containing anabolic agents and medication containing glucocorticosteroids for ergogenic effects. He didn't provide any documents during the proceedings and didn't appear at the hearing.

Decision
1. The sanction is period of ineligibility of four years in which the respondent can't take part in competition or manifestations organized or authorized by French sport federations. This was the same sanction as pronounced by the disciplinary committee of the FFC on May 20, 2008.
2. The decision starts on the date of notification.
3. The decision will be published and sent to the parties involved.

Facts
The French Ice Hockey Federation (Fédération Française de Hockey sur Glace, FFHG) charges respondent M48 for a violation of the Anti-Doping Rules. During a match on November 24, 2007, a sample was taken for doping test purposes. The analysis of 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 had used cannabis together with a friend the eve before the match. He had no intention to enhance his sport performance. The amount measured was low.

Decision
1. The decision (a period of ineligibility of four months) dated March 27, 2008, by the disciplinary committee of the FFHG doesn't need to be modified.
2. The decision will start on the date of notification.
3. The decision will be published and sent to the parties involved.

Facts
The French Federation of Full Contact Sports (Fédération Française de Full Contact, FFFC) charges respondent M47 for a violation of the Anti-Doping Rules. During a match on December 8, 2007, the respondent didn't attend the doping control.

History
The respondent didn't want to attend the doping control because she wanted to be treated for a hematoma. Her state of health didn't seem to hinder a doping control but despite the efforts of the sampler she didn't comply.

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

Facts
The French Ice Hockey Federation (Fédération Française de Hockey sur Glace, FFHG) charges respondent M46 for a violation of the Anti-Doping Rules. During a match on November 24, 2007, a sample was taken for doping test purposes. The analysis of 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 sign the doping control form. He at first denies the use of cannabis and blames it on unsealed water bottles he used. But later he admits the use of cannabis in a recreational setting two days before the match. There was no intention to enhance sport performance.

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

CAS 2013/A/3151 Jonathon Millar v. Fédération Equestre Internationale (FEI)

Related case:
FEI 2013 FEI vs Jonathon Millar
March 28, 2013

Equestrian
Doping (DHEA)
Beginning of the period of ineligibility

According to Art. 10.9.2 of the FEI Anti-Doping Rules for Human Athletes based on the World Anti-Doping Code, where the athlete promptly admits the anti-doping rule violation after being confronted with it, the Panel has discretion to decide that the period of ineligibility may start as early as the date of sample collection or the date on which another anti-doping rule violation last occurred and to fix the length of this period, provided that the athlete has served at least half of it going forward from the date he accepted the imposition of a sanction, the date of a hearing decision imposing a sanction or the date of the sanction is otherwise imposed.

In August 2011 the International Equestrian Federation (FEI) has reported an anti-doping rule violation against the Athlete Jonathon Millar after his A and B samples tested positive for the prohibited substance prasterone (dehydroepiandrosteron, DHEA).

The Athlete stated that in 2008 he suffered from his mother's death and from health problems due to a diagnosed DHEA deficiency syndrome. Therefore he used DHEA drops daily, as prescribed by his doctor, and filed an application for a TUE with CCES and later with FEI. In May 2009 CCES, and in February 2010 FEI, dismissed the Athlete’s TUE applications, but due to miscommunication, and an incorrect email address that was used, the two refusals for the TUE application didn’t reach the Athlete and he continued using his medication as prescribed.

The FEI Tribunal concluded that the Athlete committed an ADRV, he had not met his burden of proof and he had not made an admission. Therefore the FEI Tribunal decided on 28 March 2013 to impose a 2 year period of ineligibility on the Athlete, starting on the date of provisional suspension, i.e. on 23 August 2013. FEI also fine the Athlete CHF 2,0000 and ordered that he contribute CHF 4,000 towards the legal costs of the FEI’s judicial procedure.

Hereafer the Athlete appealed the FEI Decision of 28 March 2013 with the Court of Arbitration for Sport (CAS).

The Athlete argued that:
- he made a voluntary admission pursuant to the rules;
- he bore no significant fault or negligence;
- FEI failed to apply the doctrines of contra proferentem, in dubio contra stipulatorem and ubi lex voluit dixit, ubi noluit tacuit
- the FEI denied the Athlete a fair trial and natural justice due to bias and unfairness of the Tribunal
- the imposed sanction, the fine and cost order were harsh, unjust and disproportionate.

Having heard the live evidence of the witnesses, which the FEI Tribunal did not hear, the CAS Panel concludes that the FEI Tribunal acted as they thought appropriate based on the facts before them. The Panel also accepts that the Athlete’s family were handling their difficult situation in the manner which they thought was appropriate as they saw fit at the time.
Since the appeal has been upheld in part, the Panel exonerates the Athlete from the costs of the FEI Tribunal judicial procedure and reduces the fine imposed upon by him by one-half. This decision is with respect to any and all ADRVs consisting of DHEA-s use from October 2008 through the date of the sample collection of 30 June 2011.

Therefore the Court of Arbitration for Sport decides on 7 October 2013 that:

1.) The appeal filed by the Athlete Jonathon Millar on 24 April 2013 is upheld in part.
2.) The FEI decision of 28 March 2013 is amended as follows:
- Jonathon Millar's period of ineligibility shall expire as of the date of this Award.
- The fine imposed on Jonathon Millar is fixed at CHF 1,000.
- Jonathon Millar is exonerated from the costs of the FEI judicial procedure.
3.) The award is pronounced without costs, except for the Court Office fee of CHF 1,000 (one thousand Swiss Francs) paid by Jonathon Millar, which is retained by the CAS.
4.) Each party shall bear its own legal fees and other expenses incurred in connection with this arbitration.
5.) All other motions or prayers for relief are dismissed.

Facts
The French Wrestling Federation (Fédération Française de Lutte, FFL) charges respondent M45 for a violation of the Anti-Doping Rules. During a match on December 8, 2007, a sample was taken for doping test purposes. The analysis of te sample showed the presence of prednisolone which is a prohibited substance according the World Anti-Doping Agency (WADA) prohibited list. It is regarded as a specified substance.

History
The respondent had used medication containing the prohibited substance. It was used as a anti-inflammatory drug to treat pain in the neck and right arm. The medication was mentioned on the doping control form and the application for a therapeutic use exemption (TUE) was sent in late because the respondent was unfamiliar with the procedure.
The disciplinary committee of the FFL had sanctioned a period of ineligibility of three months but the appeal committee of the FFL changed it in a warning.
The panel has viewed his medical record including reports of medical examinations. The administration of the drug is consistent with the treatment of the injury.

Decision
1. The decision (a warning), dated April 27, 2009, from the appeal committee of the FFL doesn't need to be modified.
2. The decision starts on the date of notification.
3. The decision will be published and sent to the parties involved.

Facts
The French Ice Hockey Federation (Fédération Française de Hockey sur Glace, FFHG) charges respondent M44 for a violation of the Anti-Doping Rules. During a match on December 1, 2007, a sample was taken for doping test purposes. The analysis of 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 produce 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 the respondent can't take part in competition or manifestations organized or authorized by the FFHG.
2. The decision will start on the date notification.
3. The decision will be published and sent to the parties involved.

Facts
The French Basketball Federation (Fédération Française de Basket-Ball, FFBB) charges respondent M43 or a violation of the Anti-Doping Rules. During a match on October 13, 2007, a sample was taken for doping test purposes. The analysis of the sample showed the presence of a prednisone and prednisolone. Prednisone and prednisolone are prohibited substances according the World Anti-Doping Agency (WADA) prohibited list and regarded as specified substances.

History
The respondent had medication to treat allergy symptoms of mites and pollen. He has a prescription for this medication and did mention the use of the medication on the doping control form.
However the panel considers his medical state doesn't correspond with the medication he uses.

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 (acquittal) January 11, 2008, of the disciplinary committee of the FFBB should be modified.
3. The period of ineligibility will be reduced by the period served by the decision of January 11, 2007.
4. The decision starts on the date of notification.
5. The decision will be published and sent to the parties involved.

Facts
The French Free Flight Federation (Fédération Française de Vol Libre, FFVL) charges respondent M42 for a violation of the Anti-Doping Rules. During a Free Flight event on June 17, 2007, a sample for doping test purposes was taken. The analysis of 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
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 FFVL.
2. The decision starts on the date of notification.
3. The decision will be published and sent to the parties involved.

Facts
The French Free Flight Federation (Fédération Française de Vol Libre, FFVL) charges respondent M41 for a violation of the Anti-Doping Rules. During a Free Flight event on October 27, 2007, a sample for doping test purposes was taken. The analysis of 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
Respondent admits the use of cannabis regularly three times a week during a period of three years. There was no intention to enhance sport performance the usage was for recreational reasons only.
The panel takes in consideration the semi-professional status of the respondent and his admittance for the use of cannabis for recreational reasons.

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 FFVL.
2. The decision starts on the date of notification.
3. The decision will be published and sent to the parties involved.