IOC 2014 IOC vs William Frullani

22 Feb 2014

Mr William Frullani is an Italian Athlete competing in the bobsleigh event at the Sochi 2014 Olympic Winter Games.

On 20 February 2014 the International Olympic Committee (IOC) has reported an anti-doping rule violation against the Athlete after his A and B samples tested positive for the methylhexaneamine (dimethylpentylamine). After notification the Athlete filed a statement in his defence and the CONI delegation attended the hearing of the IOC Disciplinary Commission.

The Athlete submitted to the Commission that he did not take any medication, but had taken only nutritional supplements. The CONI Chef de Mission indicated that he understood that the Athlete had ordered such nutritional supplements on the internet, probably from the United States of America or Great Britain.
The Chef de Mission indicated that he did not know if the Athlete had taken the nutritional supplements on his own accord or on the recommendation of a third party, such as a nutritional adviser and it was the first time that the Athlete had been involved in a doping case.

The IOC Disciplinary Commission noted that, by taking, on his own accord, nutritional supplements, which might be contaminated, the Athlete accepted the risk that such supplements could be contaminated with prohibited substances. The Athlete did not inform the CONI about his use of nutritional supplements nor did the Athlete make enquiries from the strong medical presence made available by the CONI to its athletes whether there was a risk involved in taking supplements.
Based on the above, the IOC Disciplinary Commission unanimously concluded that the Athlete had committed an anti-doping rule violation pursuant to Article 2.1 of the World Anti-Doping Code, and Articles 2 and 12 of the Rules, in that there was the presence of the prohibited substance, methylhexaneamine (dimethylpentylamine), in his body.

Therefore the IOC Disciplinary Commission decides that the Athlete Mr William Frullani:
1.) is excluded from the XXII Olympic Winter Games in Sochi in 2014; and
2.) shall have his Olympic identity and accreditation card cancelled immediately.
3.) The International Bobsleigh and Tobogganing Federation (FIBT) is requested to consider any further action within its own competence.
4.) The Italian Olympic Committee shall ensure full implementation of this decision.
5.) This decision shall enter into force immediately.

IOC 2014 IOC vs Evi Sachenbacher-Stehle

21 Feb 2014

Related cases:
IBU 2014 IBU vs Evi Sachenbacher-Stehle
July 14, 2014
CAS OG_06_04 Deutscher Skiverband & Evi Sachenbacher vs FIS
February 12, 2006
CAS 2014_A_3685 Evi Sachenbacher-Stehle vs IBU
November 14, 2014

Ms. Evi Sachenbacher-Stehle is a German Athlete competing in Women’s Biathlon events at the Sochi 2014 Olympic Winter Games.

On 20 February 2014 the International Olympic Committee (IOC) has reported an anti-doping rule violation against the Athlete after her A and B samples tested positive for the prohibited substance methylhexaneamine (dimethylpentylamine).
After notification the Athlete was heard for the IOC Disciplinary Commission.

The Athlete stated that she did not understand how this substance got into her body and declared that she did not take it intentionally. She has been taking food supplements, all of which had been mentioned on the Doping Control Form, for at least one year, on the recommendation of her nutritional adviser. She had had several of the recommended supplements tested at the Cologne Laboratory, and the results indicated that the products tested were “clean”. On the further recommendation of her nutritional adviser, she has taken additional supplements, which she had not tested, relying on the advice and assurance from her nutritional adviser that they were “clean” as well.

The Commission notes that by taking food supplements, which, as she had heard, could be contaminated, the Athlete accepted the risk that such supplements be contaminated with Prohibited Substances.
Based on the above, the Disciplinary Commission unanimously concluded that the Athlete had committed an anti-doping rule violation and that there was the presence of the prohibited substance, methylhexaneamine (dimethylpentylamine), in her body.

Therefore the IOC Disciplinary Commission decides that the Athlete, Ms Evi Sachenbacher-Stehle, Germany, Biathlon:

1.) is disqualified from the following events :
- Women’s 12.5km Mass Start Biathlon event, where she placed 4th;
- 2x6km Women + 2x7.5km Men Mixed Relay Biathlon event, where she placed 4th.
2.) shall have her diploma in the above-mentioned events withdrawn;
3.) is excluded from the XXII Olympic Winter Games in Sochi in 2014; and
4.) shall have her Olympic identity and accreditation card cancelled immediately.
5.)The 2x6km Women + 2x7.5km Men Mixed Relay relay team, composed of Evi Sachenbacher-Stehle, Laura Dahlmeier, Daniel Boehm and Simon Schempp:
(a.) is disqualified from the 2x6km Women + 2x7.5km Men Mixed Relay Biathlon event, where it placed 4th; and
(b.) the diplomas awarded to the members of the team in the above-noted event shall be withdrawn.
6.) The International Biathlon Union is requested to modify the results of the above-mentioned events accordingly and to consider any further action within its own competence.
7.) The DOSB is ordered to return to the IOC, as soon as possible, the diplomas awarded to the Athlete, as well as the members of the 2x6km Women + 2x7.5km Men Mixed Relay team, in relation to the events mentioned above.
8.) The International Ski Federation is requested to consider any further action within its own competence.
9.) The IOC administration is requested to reallocate the diplomas withdrawn from the athletes in accordance with the new ranking provided by the International Biathlon Union.
10.) This decision shall enter into force immediately.

IOC 2014 IOC vs Marina Lisogor

22 Feb 2014

Ms. Marina Lisogor is an Ukrainian Athlete competing in the Ladies’ Team Sprint team at the Sochi 2014 Olympic Winter Games.

On 21 February 2014 the International Olympic Committee (IOC) has reported an anti-doping rule violation against the Athlete after her sample tested positive for the prohibited substance trimetazidine.
After notification the Athlete was heard for the IOC Disciplinary Commission.

After having surgery to remove her thyroid in 2004, she had been prescribed Thyroxin. In January 2013, she was prescribed Preductal (trimetazidine), by a cardiologist who was not associated with the NOCU, for fatigue thought to be due to her hypothyroid condition. She took the pills prior to the doping control, failed to mention her medication on the Doping Control Form and stated she checked the WADA list and noticed that the substance was not on the list.

Based on the above, the Disciplinary Commission unanimously concluded that the Athlete had, at the very least, been negligent, and had therefore committed an anti-doping rule violation pursuant to Article 2.1 of the World Anti-Doping Code, and Articles 2 and 12 of the Rules, in that there was the presence of the prohibited substance, trimetazidine, in her body.

Therefore on 22 February 2014 the IOC Disciplinary Commission decides:
1.) The Athlete, Ms Marina Lisogor, Ukraine, Cross-Country Skiing, is disqualified from the Ladies’ Team Sprint Classic Semifinal B event.
2.) The Athlete shall be excluded from the XXII Olympic Winter Games in Sochi in 2014, and shall have her Olympic identity and accreditation card immediately cancelled.
3.) The Ladies’ Team Sprint Classic team, of which the Athlete was a member, is disqualified from the Ladies’ Team Sprint Classic Semifinal B event.
4.) 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.
5.) This decision shall enter into force immediately.

IOC 2014 IOC vs Vitalijs Pavlovs

22 Feb 2014

Mr Vitalijs Pavlovs is a Latvian Athlete competing in the Latvian Men’s Hockey team at the Sochi 2014 Olympic Winter Games.

On 21 February 2014 the International Olympic Committee (IOC) has reported an anti-doping rule violation against the Athlete after his A and B samples tested positive for the prohibited substance methylhexaneamine (dimethylpentylamine).
After notification the Athlete was heard for the IOC Disciplinary Commission.

The Athlete stated that he did not understand how this substance entered his body. The Athlete further informed the Disciplinary Commission that he has been taking food supplements upon the recommendation of the doctor of his club team, Dynamo Riga. The Athlete stated that he followed the instructions of his club team doctor, whom he trusted.

Based on the statements the Disciplinary Commission unanimously concluded that the Athlete had been negligent and had therefore committed an anti-doping rule violation pursuant to Article 2.1 of the World Anti-Doping Code, and Articles 2 and 12 of the Rules, in that there was the presence of the prohibited substance, methylhexaneamine (dimethylpentylamine), in his body.

Therefore on 22 February 2014 the IOC Disciplinary Commission decides:
1.) The Athlete Vitalijs Pavlovs is disqualified from the Men’s Play-offs Quarterfinals – Canada vs Latvia match.
2.) The Athlete shall be excluded from the XXII Olympic Winter Games in Sochi in 2014, and shall have his Olympic identity and accreditation card immediately cancelled.
3.) The Athlete’s diploma (for placing 8th) be withdrawn.
4.) The International Ice Hockey Federation is hereby requested to make appropriate mention of the above in the record of the sports results, and to consider whether it should take any further action within its competence.
5.) The Latvian Olympic Committee is hereby requested to return to the IOC, as soon as possible, the diploma awarded to the athlete in relation to the above-mentioned event.
6.) This decision shall enter into force immediately.

IOC 2013 IOC vs Oleg Perepetchenov

12 Feb 2013

Mr. Oleg Perepetchenov is a Russian Athlete competing in the Men’s 77kg Weightlifting event at the Athens 2004 Olympic Games.

In 2012, the IOC decided to perform further analyses on certain samples collected during the 2004 Olympic Games. These additional analyses were performed with analytical methods which were not available in 2004.

On 16 July 2012 the International Olympic Committee reported an anti-doping rule violation against the Athlete after his 2004 sample tested positive for the prohibited substance clenbuterol.
Notification of the Athlete was not possible due to the Athlete’s address was unknown. Therefore at the hearing of the IOC Disciplinary Commission the Athlete was neither present nor represented.

After carefully considering the file, the Disciplinary Commission unanimously concluded that the Athlete had committed an anti-doping rule violation pursuant to Article 2.1 of the Rules, which provides as follows: “The following constitute anti-doping violations: [2.1] The presence of a Prohibited Substance or its Metabolites or Markers in an Athlete’s bodily Specimen”.

Therefore on 12 February 2013 the IOC Executive Board decides, as recommended by the IOC Disciplinary Commission, that the Athlete Oleg Perepetchenov:
1.) is found to have to have committed an anti-doping rule violation pursuant to article 2.1 of the IOC Anti-Doping Rules applicable to the Games of the XXVIII Olympiad in Athens in 2004 (presence of a prohibited substance or its metabolites or markers in an athlete’s bodily specimen);
2.) is disqualified from the Men’s 77 kg Weightlifting event where he had placed 3rd at the Athens 2004 Olympic Games; and
3.) shall have his bronze medal and diploma in the above-mentioned event withdrawn.
4.) The International Weightlifting Federation (IWF) is requested to modify the results of the above-mentioned event accordingly and to consider any further action within its own competence.
5.) The NOC of Russia is ordered to return to the IOC, as soon as possible, the medal and diploma awarded to the Athlete in relation to the above-mentioned event.
6.) The NOC of Russia shall ensure full implementation of this decision.

IOC 2012 IOC vs Svetlana Krivelyova

5 Dec 2012

Ms Svetlana Krivelyova is a Russian Athlete competing in the Women’s Shot Put event at the Athens 2004 Olympic Games.

In 2012, the IOC decided to perform further analyses on certain samples collected during the 2004 Olympic Games. These additional analyses were performed with analytical methods which were not available in 2004.

On 24 July 2012 the International Olympic Committee (IOC) has reported an anti-doping rule violation against the Athlete after her 2004 sample tested positive for the prohibited substance oxandrolone.
After notification the Athlete filed a statement in her defence and did not attend the hearing of the IOC Disciplinary Commission.
The Athlete denied the use of prohibited substances, stated that all her samples in the past tested negative and that she retired from professional sports since 2005.

After carefully considering the file, the IOC Disciplinary Commission unanimously concluded that the Athlete had committed an anti-doping rule violation pursuant to Article 2.1 of the Rules, which provides as follows: “The following constitute anti-doping violations: [2.1] The presence of a Prohibited Substance or its Metabolites or Markers in an Athlete’s bodily Specimen”.

Therefore on 5 December 2012 the IOC Executive Board decides, as recommended by the IOC Disciplinary Commission, that the Athlete Svetlana Krivelyova:
1.) is found to have to have committed an anti-doping rule violation pursuant to Article 2.1 of the IOC Anti-Doping Rules applicable to the Games of the XXVIII Olympiad in Athens in 2004 (presence of a prohibited substance or its metabolites or markers in an athlete’s bodily specimen);
2.) is disqualified from the Women’s Shot Put event where she had placed 3rd at the Athens 2004 Olympic Games; and
3.) shall have her medal and diploma in the above-mentioned event withdrawn.
4.) The International Association of Athletics Federations (“IAAF”) is requested to modify the results of the above-mentioned event accordingly and to consider any further action within its own competence.
5.) The NOC of Russia is ordered to return to the IOC, as soon as possible, the medal and diploma awarded to the Athlete in relation to the above-mentioned event.
6.) The NOC of Russia shall ensure full implementation of this decision.

IOC 2012 IOC vs Tyler Hamilton

10 Aug 2012

Mr Tyler Hamilton is an American Athlete competing in the sport of cycling at the Athens 2004 Olympic Games.

In 2010, the Athlete was subpoenaed by a federal grand jury to testify in their doping investigation of Lance Armstrong. The Athlete admitted in his testimony that he took banned performance enhancing drugs during his cycling career.
On May 20, 2011, he also made the confession in an email to friends and family after a taping of the TV news show 60 Minutes, during which he also implicated Lance Armstrong in the doping scandal.
Hamilton then voluntarily surrendered the gold medal he won at the Athens 2004 Olympic Games to the United States Anti-Doping Agency (USADA), which said it would continue its joint investigative work with the IOC.

On 28 June 2012 the Athlete submitted to the IOC that he:
1.) admitted having used performance enhancing drugs in advance of the Athens Olympic Games; and
2.) accepted disqualification of his 1st place result obtained at the Athens Olympic Games.

Therefore on 10 August 2012 the IOC Executive Board decides:
1.) The athlete, Mr. Tyler Hamilton, is disqualified from the following events in which he competed at the 2004 Athens Olympic Games in the sport of cycling:
- Men’s Individual Time Trial, in which he placed 1st; and
- Men’s Road Race, in which he placed 18th;
2.) the United States Anti-Doping Agency (USADA) is requested to return to the IOC the medal and diploma awarded to Mr. Hamilton in the Men’s Individual Time Trial event;
3.) the International Cycling Union (UCI) is requested to take the appropriate steps so that its records reflect the above; and
4.) the IOC administration is instructed to reallocate the medals and diplomas to the athletes that finished behind Mr. Hamilton in the Men’s Individual Time Trial, in which Mr. Hamilton placed 1st at the 2004 Athens Olympic Games.

IOC 2012 IOC vs Iryna Yatchenko

1 Dec 2012

Ms Iryna Yatchenko is a Belarussian Athlete competing in the Women’s Discus Throw Final at the Athens 2004 Olympic Games.

In 2012, the IOC decided to perform further analyses on certain samples collected during the 2004 Olympic Games. These additional analyses were performed with analytical methods which were not available in 2004.

In July 2012 the IOC has reported an anti-doping rule violation against the Athlete after her 2004 A and B samples tested positive for the prohibited substance metandienone and oxandrolone.
After notification the Athlete filed a statement in her defence and submitted that she was retired and did not attend the hearing of the IOC Disciplinary Commission.

The Athlete did not challenge the analytical results. She did not have any explanations for the presence of the prohibited substances. She made an unsupported hypothesis that it could have been the consequence of the ingestion of nutritional supplements. These explanations did not put the finding of anti-doping rule violation in question.

After carefully considering the elements in file, the IOC Disciplinary Commission unanimously concluded that the Athlete had committed an anti-doping rule violation pursuant to Article 2.1 of the Rules, which provides as follows: “The following constitute anti-doping violations: [2.1] The presence of a Prohibited Substance or its Metabolites or Markers in an Athlete’s bodily Specimen”.

Therefore the IOC Executive Board, as recommended by the IOC Disciplinary Commission, decides on 1 December that the Athlete Iryna Yatchenko:
1.) is found to have to have committed an anti-doping rule violation pursuant to Article 2.1 of the IOC Anti-Doping Rules applicable to the Games of the XXVIII Olympiad in Athens in 2004 (presence of a prohibited substance or its metabolites or markers in an athlete’s bodily specimen);
2.) is disqualified from the Women’s Discus Throw Final where she had placed 3rd at the Athens 2004 Olympic Games; and
3.) shall have her medal and diploma in the above-mentioned event withdrawn.
4.) The International Association of Athletics Federations (“IAAF”) is requested to modify the results of the above-mentioned event accordingly and to consider any further action within its own competence.
5.) The NOC of Belarus is ordered to return to the IOC, as soon as possible, the medal and diploma awarded to the Athlete in relation to the above-mentioned event.
6.) The NOC of Belarus shall ensure full implementation of this decision.

IOC 2012 IOC vs Crystal Cox

21 Jul 2012

Ms Crystal Cox is a American Athlete competing in the Women’s 4 x 400m relay event at the Athens 2004 Olympic Games.

In January 2010, the International Olympic Committee (IOC) received a document from the United States Anti-Doping Agency (USADA), entitled “Acceptance of Sanction,” which had been signed by the Athlete on 26 January 2010. Pursuant to such document, the Athlete, amongst other things:
1.) acknowledged that she used “performance enhancing drugs, which are banned by the International Association of Athletics Federations (IAAF), including anabolic agents and hormones, which (she) received…between 2001 and 2004.”
2.) accepted a “4 year period of ineligibility…beginning on [26 January 2010]”; and
3.) accepted a “disqualification of the competitive results obtained on and subsequent to November 3, 2001, including forfeiture of any medals, points and prizes”.

The Athlete’s acceptance of sanction resulted from information received by USADA during separate investigations arising from information obtained during the BALCO doping conspiracy.

By letter dated 26 October 2010, the IOC informed the Athlete, through the USOC, that an IOC Disciplinary Commission was convened to examine the case. In this letter, the IOC formally requested that the Athlete submit a written defence by 30 November 2010. The Athlete failed to respond hereafter.

Therefore on 21 July 2012 the IOC Executive Board decides:
1.) The Athlete, Crystal Cox, United States of America, Athletics, is disqualified from the women’s 4 x 400m relay event, where the team had placed 1st at the 2004 Athens Olympic Games.
2.) The IAAF is requested to follow-up accordingly, in a timely manner,
(a.) to determine whether the Athlete committed an anti-doping rule violation on or after 1 March 2004, and
(b.) if so, to interpret the IAAF Competition Rules 2004-2005, which came into effect on 1 March 2004, as to whether the Athlete’s disqualification has any effect on the results obtained by the US women’s 4 x 400m relay team at the 2004 Athens Olympic Games, of which the Athlete was a member.
3.) In the event that,
(a.) the IAAF does not determine that the Athlete committed an anti-doping rule violation on or after 1 March 2004; or
(b.) the IAAF does determine that the Athlete committed an anti-doping rule violation on or after 1 March 2004, but that the IAAF’s interpretation of its New Rules do not lead to the disqualification of the US Relay Team, then the result of the US Relay Team shall stand.
4.) The USOC is ordered to return to the IOC, as soon as possible, the Medal and Diploma awarded to the Athlete in relation to the above-mentioned event.

IOC 2011 IOC vs Duane Ross

5 Apr 2011

Mr Duane Ross is an American Athlete competing in the Men’s 110m hurdles even at the Athens 2004 Olympic Games.

In April 2010 the United States Anti-Doping Agency (USADA) reported to the International Olympic Committee (IOC) that USADA had received evidence, obtained during the BALCO conspiracy, that the Athlete “used banned performance enhancing drugs prior to November 2001 outside the eight-year limitations period and then used banned performance enhancing drugs within the limitations period during 2001, 2002 and 2003.”

Therefore USADA notified the Athlete on three separate occasions - on 2 November 2009, 16 December 2009 and 13 January 2010. The Athlete failed to respond.
On 5 February 2010, USADA publicly announced the Athlete’s anti-doping rule violation and sanction, consisting of:
(1.) a two-year suspension; and
(2.) disqualification of all results since 2 November 2001.

On 20 April 2010, USADA informed the IOC by email about the Athlete Duane Ross. USADA’s evidence is that he had used banned performance enhancing drugs prior to November 2001 outside the eight year limitations period and then used banned performance enhancing drugs within the limitations period during 2001, 2002 and 2003. Mr Ross did not accept a sanction, but USADA imposed a sanction and a loss of results on him from November 2001 due to his failure to respond to USADA’s charges against him. USADA had no specific information that Mr. Ross did or did not use banned performance enhancing drugs during the 2004 Olympic Games.

The IOC Disciplinary Commission deemed that the Athlete did not contested the USADA sanction of disqualification of all results since November 2001, which would include results obtained while competing at the Athens 2004 Olympic Games. The Disciplinary Commission further establish that under USADA rules, after notice and a certain amount of time, if the Athlete does not contest the sanctions, such sanctions are imposed. Therefore, based on the foregoing, the Disciplinary Commission concludes that the Athlete should be disqualified from the men’s 110m hurdles event at the Athens Olympic Games.

Therefore on 5 April 2011 the IOC Disciplinary Commission decides that the Athlete Duane Ross:

1.) be disqualified from the men’s 110m hurdles event in which he placed 5th in the semi-final heat at the 2004 Athens Olympic Games;
2.) the IAAF is requested to modify the results of the above-mentioned event accordingly and to consider any further action within its own competence.
3.) This decision shall enter into force immediately.

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