CAS 2012/A/2960 World Anti-Doping Agency (WADA) v. Angela Covert & Fédération Equestre Internationale (FEI)

Related case:
FEI 2012 FEI vs Angela Covert
September 4, 2012

Equestrian (jumping)
Doping (methylhexaneamine (dimethylpentylamine))
Destruction of the samples
Methylhexaneamine in geranium oil
Failure to establish the source of the specified substance
Beginning of the ineligibility period in case of delays not attributable to the athlete
Disqualification of results during the period of ineligibility

1. The International Standard for Laboratories (ISL) rules clearly require laboratories to retain samples of adverse findings for at least three months. If the laboratory has been informed by the testing authority that the analysis of a sample is “challenged” or “disputed,” the laboratory is required to hold onto the sample until “completion of any challenge”. However, if the laboratory has not been informed by the testing authority or the athlete that the analysis of the athlete’s samples is being challenged or disputed, the laboratory shall either use the sample for research purposes or dispose of it. A “purposive” interpretation of the provision(s), so as to find that the laboratory is required to retain the sample even though the laboratory has not been given notice to do so, would only be appropriate if the ISL provision in question contained some ambiguity so that consideration of the underlying purpose of the text would help to clarify the meaning of the provision. However, if the provision is clear as to what laboratories are required to do, there is no need for a “purposive” interpretation, as it would in fact be an inappropriate re-writing of the article.

2. Based on the current expert opinions and scientific studies it does not seem (based on the balance of probabilities) that geranium oil contains methylhexaneamine.

3. If the athlete fails to establish the source of the specified substance in his/her sample, i.e. how the prohibited substance entered his/her system, he/she cannot benefit of an ineligibility period reduction or elimination.

4. Where there have been substantial delays in the hearing process or other aspects of Doping Control not attributable to the athlete or other person, the federation or Anti-Doping Organization imposing the sanction may start the period of ineligibility at an earlier date commencing as early as the date of sample collection or the date on which another anti-doping rule violation last occurred.

5. It would be incongruous to the definition of ineligibility if an athlete were permitted to retain his/her results, including medals, points and prizes, during any period of ineligibility, even during a period that has been backdated.

In June 2011 the International Equestrian Federation (FEI) has reported an anti-doping rule violation against the Athlete Angela Covert after her A and B samples tested positive for the prohibited substance methylhexaneamine (dimethylphentylamine).

The Athlete submitted that she used a nasal spray (Euvanol Spray), due to she suffered from a fractured nose injury to stop the bleeding. The prohibited substance was not listed as an ingredient on the label and she had no intention to enhance her sport performance.
Based on the written material the FEI Tribunal decided on 4 September 2012 to sanction the Athlete with a reprimand and a fine of CHF 500.

Hereafter on 24 October 2012 WADA appealed the FEI decision of 4 September 2012 with the Court of Arbitation (CAS). WADA requested to set aside the FEI decision, to sanction the Athlete with a 2 year period of ineligibility and to disqualify her results.

Considering the evidence and statements, the CAS Panel finds it highly unlikely that the methylhexaneamine found in the Athlete’s sample could come from one bottle of Euvanol, used by the Athlete over the course of a week. As a result the Athlete has failed to establish the source of the substance in het sample and cannot rely on reduction or elimination of het sanction.

Therefore The Court of Arbitration for Sport decides on 31 January 2014 that:

1.) The appeal filed by the World Anti-Doping Agency on 24 October 2012 is partially upheld.
2.) The decision of the Federation Equestre Internationale Tribunal dated 4 September 2012 is set aside.
3.) The Athlete Ms. Angela Covert is sanctioned with a two-year period of ineligibility, which shall commence on 30 June 2011.
4.) All competitive results obtained by Ms. Angela Covert from 30 June 2011 to 30 June 2013, including the results of the CS14*-W event in Spruce Meadows AB (Calgary, Canada), shall be disqualified with all the resulting consequences, including forfeiture of any edals, points and prizes.
5.) This award is pronounced without costs, except for the Court Office fee of CHF 1’000 paid by the World Anti-Doping Agency, which shall be retained by the Court of Arbitration for Sport.
6.) Each party shall bear her/its own legal costs and other expenses incurred in connection with this arbitration.
7.) All other prayers of relief are dismissed.

Facts
The French Ice Hockey Federation (Fédération Française de Hockey sur Glace, FFHG) charges respondent M40 for a violation of the Anti-Doping Rules. During a training on November 19, 2007, respondent didn't attend a doping test.

History
The respondent didn't attend the doping test because of his disappointment for not being selected to get a certificate as physical trainer and he was afraid of a positive test because he had used creatine to create more muscle mass.

Decision
1. The sanction is a period of ineligibility of twenty months in which the respondent can't take place in competition or manifestations organized or authorized by the FFHG.
2. The period of ineligibility will be reduced by the period already served in voluntary suspension.
3. The decision starts on the date of notification.
4. The decision will be published and sent to the parties involved.

Facts
The French Federation of Bullfighting (Federation Française de course camarguaise, FFCC) charges respondent M39 for a violation of the Anti-Doping Rules. During an event on July 15, 2007, a sample was taken for doping test purposes. The analysis of the sample showed the presence of metabolites of cannabis and of cocaine. These substances are prohibited according the World Anti-Doping Agency (WADA) prohibited list. Cannabis is regarded as a specified substance.

History
The respondent blames the samplers for negligence, they were handling eight athletes that needed to be tested. He even wants a DNA test to prove that the taken samples came out of his body. He even contacts the samplers to make them admit the circumstances where in poor conditions.
However there was no proof of any errors during the sample collecting procedure.

Decision
1. The sanction is a period of ineligibility of two years in which respondent can't take part in competition or manifestations organized by the FFCC, as pronounced in the decision of September 24, 2007, by the disciplinary committee of the FFCC.
2. The period of ineligibility should be reduced with the time already served by the decision of September 24, 2007, by the disciplinary committee of the FFCC.
3. The decision start on the date of notification.
4. The decision will be published and sent to the parties involved.

Facts
The French Cycling Federation (Fédération Française de Cyclisme, FFC) charges respondent M37 for a violation of the Anti-Doping Rules. During a cycling event on December 2, 2007, a sample was taken for doping test purposes. The analysis of the sample showed the presence of prednisone and prednisolone which are prohibited substances according the World Anti-Doping Agency (WADA) prohibited list. They are regarded as specified substances.

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

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 FFC.
2. The decision starts 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 M36 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 the sample showed the presence of a metabolite of cannabis and a metabolite of stanozolol. Cannabis and stanozolol are prohibited substances according the World Anti-Doping Agency (WADA) prohibited list.

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 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 Free Flight Federation (Fédération Française de Vol Libre, FFVL) charges respondent M35 for a violation of the Anti-Doping Rules. During an Free Flight event on November 27, 2007, respondent didn't attend a doping control.

History
Respondent couldn't conduct the competition due to climate conditions. He left the scene to another beach for performing demonstrations. For that reason he was unable to hear he was summoned for a doping test. Although the respondent belonged to the designated test group and holds his responsibility he wasn't informed in person for the doping control ahead.

Decision
1. The respondent is acquited.
2. The desicion starts on the date of notification.
3. The decision will be published and sent to the parties involved.

Related cases:

• CAS 2002_A_374 Johann Muehlegg vs IOC
  January 24, 2003
• CAS 2002_A_400 Johann Muehlegg vs FIS
  January 24, 2003
  
  

Mr. Johann Muehlegg is a Spanish Athlete competing in the men’s cross-country skiing at at the Salt Lake City 2002 Olympic Winter Games.

On 23 February 2002 the International Olympic Committee (IOC) reported an anti-doping rule violation against the Athlete after his A and B samples tested positive for the prohibited substance Darbepoetin (dEPO).

After notification the Athlete was heard for the IOC Disciplinary Commission. The Spanish delegation argued that the substance Darbepoetin is not expressly mentioned on the list of the prohibited substances and it disputed the validation of the test method.

The IOC concludes that the Athlete has committed a doping violation and decides on 24 February 2002 that the Athlete Johann Muehlegg is:

1.) disqualified from the men’s 50 km classical cross country skiing event; and

2.) excluded from the XIX Olympic Winter Games Salt Lake City 2002, according to Chapter II, Articles 2.1 and 2.2 of the Olympic Movement Anti-Doping Code.

3.) The International Ski Federation is requested to modify the results of the above-mentioned event accordingly and to consider any further action within its own competence.

4.) The National Olympic Committee of Spain is hereby ordered to return to the IOC, not later than 17:00 hours today, the medal and the diploma awarded to the athlete in relation to the above-mentioned event.

5.) The decision shall enter into force immediately.

Facts
The French Swimming Federation (Fédération Française de Natation, FFN) charges respondent M34 for a violation of the Anti-Doping Rules. During a water polo match on November 3, 2007, a sample was taken for doping test purposes. The analysis of the sample showed the presence of a metabolite of cocaine. Cocaine is prohibited substance according the World Anti-Doping Agency (WADA) prohibited list and is regarded as a specified substance.

History
The respondent denies the use of cocaine, probably it derives from his intimate relations with his partner, which is a regular consumer of this narcotic. He even arranged a hair test on his expense which indicates an extreme low concentration of the prohibited substance. However cocaine is not regarded as a specified substance, for this reason there are no mitigating circumstances for the use of it. Also the panel regards a hair test not valid because this indicates the use over a long period of time and not the recent usage, like an urine test.

Decision
1. The sanction is a period of ineligibility of two years in which respondent can't take part in competition or manifestations organized by the FFN.
2. The decision (one year period of ineligibility), dated February 29, 2008, by the disciplinary committee of the FFN should be modified.
3. The period of ineligibility will be reduced by the period already served by the decision of February 29, 2008.
4. The decision start on the date of notification.
5. The decision will be published and sent to the parties involved.

Related cases:
IOC 2002 IOC vs Larissa Lazutina
February 24, 2002
CAS 2002_A_370 Larissa Lazutina vs IOC
November 29, 2002
Swiss Federal Court 4P.267_2002 Larissa Lazutina & Olga Danilova vs IOC and FIS
Swiss Federal Court 4P.268_2002 Larissa Lazutina & Olga Danilova vs IOC and FIS
Swiss Federal Court 4P.269_2002 Larissa Lazutina & Olga Danilova vs IOC and FIS
Swiss Federal Court 4P.270_2002 Larissa Lazutina & Olga Danilova vs IOC and FIS
May 27, 2003

Ms. Larissa Lazutina and Olga Danilova are Russian Athletes competing in de women’s cross country skiing at the Salt Lake City 2002 Olympic Winter Games.

On 21 February 2002 the International Olympic Committee (IOC) has reported an anti-doping rule violation against the Athletes after their blood and urine samples tested positive for the prohibited substance darbepoetin (dEPO), related substance to erythropoietin (EPO).
After notification the Athletes were heard for the IOC Disciplinary Commission.

At the combined hearing for the two Athlete’s, the Russian delegation argued that the substance darbepoetin is not expressly mentioned on the list of the prohibited substances and disputed the validation of the test method.

The IOC Disciplinary Commission concludes that the athletes Larissa Lazutina and Olga Danilova have committed a doping offense according to Chapter II, Articles 2.1 and 2.2 of the Olympic Movement Anti-Doping Code.

The IOC Executive Board decides, as recommended by the IOC Disciplinary Commission, that the Athlete Olga Danilova is:
1.) disqualified from the women’s 30 km classical cross country skiing event;
2.) excluded from the XIX Olympic Winter Games Salt Lake City 2002, according to Chapter II, Articles 2.1 and 2.2 of the Olympic Movement Anti-Doping Code.
3.) The International Ski Federation is requested to modify the results of the above-mentioned event accordingly and to consider any further action within its own competence.
4.) The National Olympic Committee of the Russian Federation is hereby ordered to return to the IOC, not later than 17:00 hours today, the diploma awarded to the athlete in relation to the above-mentioned event.
5.) The decision shall enter into force immediately.

The IOC Executive Board decides, as recommended by the IOC Disciplinary Commission, that the Athlete Larissa Lazutina is:
1.) disqualified from the women’s 30 km classical cross country skiing event;
2.) excluded from the XIX Olympic Winter Games Salt Lake City 2002, according to Chapter II, Articles 2.1 and 2.2 of the Olympic Movement Anti-Doping Code.
3.) The International Ski Federation is requested to modify the results of the above-mentioned event accordingly and to consider any further action within its own competence.
4.) The National Olympic Committee of the Russian Federation is hereby ordered to return to the IOC, not later than 17:00 hours today, the medal and diploma awarded to the athlete in relation to the above-mentioned event.
5.) The decision shall enter into force immediately.

Related cases:
IOC 2002 IOC vs Olga Danilova
February 24, 2002
CAS 2002_A_370 Larissa Lazutina vs IOC
November 29, 2002
Swiss Federal Court 4P.267_2002 Larissa Lazutina & Olga Danilova vs IOC and FIS
Swiss Federal Court 4P.268_2002 Larissa Lazutina & Olga Danilova vs IOC and FIS
Swiss Federal Court 4P.269_2002 Larissa Lazutina & Olga Danilova vs IOC and FIS
Swiss Federal Court 4P.270_2002 Larissa Lazutina & Olga Danilova vs IOC and FIS
May 27, 2002

Ms. Larissa Lazutina and Olga Danilova are Russian Athletes competing in de women’s cross country skiing at the Salt Lake City 2002 Olympic Winter Games.

On 21 February 2002 the International Olympic Committee (IOC) has reported an anti-doping rule violation against the Athletes after their blood and urine samples tested positive for the prohibited substance darbepoetin (dEPO), related substance to erythropoietin (EPO).
After notification the Athletes were heard for the IOC Disciplinary Commission.

At the combined hearing for the two Athlete’s, the Russian delegation argued that the substance darbepoetin is not expressly mentioned on the list of the prohibited substances and disputed the validation of the test method.

The IOC Disciplinary Commission concludes that the athletes Larissa Lazutina and Olga Danilova have committed a doping offense according to Chapter II, Articles 2.1 and 2.2 of the Olympic Movement Anti-Doping Code.

The IOC Executive Board decides, as recommended by the IOC Disciplinary Commission, that the Athlete Larissa Lazutina is:
1.) disqualified from the women’s 30 km classical cross country skiing event;
2.) excluded from the XIX Olympic Winter Games Salt Lake City 2002, according to Chapter II, Articles 2.1 and 2.2 of the Olympic Movement Anti-Doping Code.
3.) The International Ski Federation is requested to modify the results of the above-mentioned event accordingly and to consider any further action within its own competence.
4.) The National Olympic Committee of the Russian Federation is hereby ordered to return to the IOC, not later than 17:00 hours today, the medal and diploma awarded to the athlete in relation to the above-mentioned event.
5.) The decision shall enter into force immediately.

The IOC Executive Board decides, as recommended by the IOC Disciplinary Commission, that the Athlete Olga Danilova is:
1.) disqualified from the women’s 30 km classical cross country skiing event;
2.) excluded from the XIX Olympic Winter Games Salt Lake City 2002, according to Chapter II, Articles 2.1 and 2.2 of the Olympic Movement Anti-Doping Code.
3.) The International Ski Federation is requested to modify the results of the above-mentioned event accordingly and to consider any further action within its own competence.
4.) The National Olympic Committee of the Russian Federation is hereby ordered to return to the IOC, not later than 17:00 hours today, the diploma awarded to the athlete in relation to the above-mentioned event.
5.) The decision shall enter into force immediately.