FISA 2005 FISA vs Tomasz Mrozowicz

11 May 2005

The International Federation of Rowing Associations (FISA) has reported an anti-doping rule violation against the Athlete Tomasz Mrozowicz after his A and B samples tested positive for the prohibited substance 19-norandrosterone, metabolite of nandrolone.

The Polish Rowing Association notified the Athlete and a provisional suspension was ordered. The Athlete filed a statement in his defence and reported he was not possible for him to appear for the FISA Anti-Doping Hearing Panel. The Athlete stated he did not knowingly take prohibited substance and he could not provide an explanation how the substance came into his body.

Due to the Athlete failed to explain how the prohibited substance came to be in his bode the FISA Anti-Doping Hearing Panel decides to impose a 2 year period of ineligibility on the Athlete, starting on the date of the sample collection, i.e. on 2 September 2004.

AFLD 2013 FFC vs Respondent M57

30 May 2013

Facts
The French Cycling Federation (French Fédération Française de Cyclisme, FFC) charges respondent M57 for a violation of the Anti-Doping Rules. During a cycle-cross race on November 18, 2012, a sample was taken for a doping test. The sample showed the presence of nikethamide and it's metabolite N-ethylnicotinamide and betamethasone which are prohibited substances on the World Anti-Doping Agency (WADA) prohibited list. Betamethanose is regarded as a specified substance.

History
The respondent had used medication to treat pain in his tibia, but he has no medical certificate for this. This medication is the cause of the positive test.

Decision
1. The sanction is a period of 6 months of ineligibility in which the athlete can't take part in competition or manifestations organized by the FFC.
2. The period of ineligibility will be reduced by the period allready served in voluntary suspension.
3. The present decision starts on the date of notification.
4. The decision will be published and sent to the parties involved.

FISA 2005 FISA vs Ganna Gryhchenko

9 Feb 2005

Related case:
FISA 2005 FISA vs Olena Olefirenko
February 9, 2005

In August 2004 dr. Ganna Gryhchenko was the team doctor of the Athlete Olena Olefirenko who competed in the Women’s quadruple sculls event during the Athens 2004 Olympic Games.
The International Olympic Committee (IOC) has reported an anti-doping rule violation against the Athlete Ms. Olena Olefirenko after her sample tested positive for the prohibited substance etamivan.

The Ukraine Delegation declared, in absence of the Athlete, to the IOC Disciplinary Commission that the Athlete took the medication, listed on the Doping Control Official Record. The medication were prescribed by the team doctor Ms. Ganna Gryhchenko.
The Disciplinary Commission noted that, on the Doping Control Official Record filled out by the athlete at the time of the collection, one of the medications declared by the athlete, Instenon, contains the prohibited substance Etamivan, found in her urine.
The Disciplinary Commission unanimously concluded that the Athlete had committed a doping offence in that there was etamivan in the Athlete’s urine. The Athlete had no possibility of knowing that she was taking a prohibited substance and that she had no reason not to trust her doctor Ms. Ganna Gryhchenko.

On 26 August 2004, based on the recommendation of the Disciplinary Commission, the IOC Executive Board decided:
1.) that, due to the adverse analytical finding in the urine of the Athlete Ms. Olena Olefirenko and the Ukraine team (women’s quadruple sculls in final A) be disqualified from the Women’s quadruple sculls event, in which they had placed third;
2.) that all bronze medals and diplomas be withdrawn from the above-noted athletes;
3.) that the International Rowing Federation be requested to modify the results of the above-mentioned event accordingly and to consider any further action within its own competence;
4.) the Ukraine Olympic Committee be ordered to return to the IOC, as soon as possible, the medals and diplomas awarded to the athletes in relation to the above-noted event;
5.) that the International Rowing Federation consider possible action against the Athlete’s team doctor Ms. Ganna Gryhchenko;
6.) that the Ukraine Olympic Committee consider possible action against the team doctor;
7.) that the IOC reserves the right to open a new procedure in front of the IOC with respect to any participation of the team doctor Ms. Ganna Gryhchenko in the 2006 or 2008 Olympic Games; and
8.) this decision shall enter into force immediately.

Hereafter in November 2004 the International Federation of Rowing Associations (FISA) notified the Athlete, the team doctor Ms. Ganna Gryhchenko and the National Olympic Committee of Ukraine, of a FISA hearing about this doping case. The team doctor Ms. Ganna Gryhchenko did not file a statement in her defence and failed to appear for the FISA Anti-Doping Hearing Panel.

The Athlete Ms. Olena Olefirenko claimed that she did not take any other substance than those listed in the doping form that she had completed. The analytical finding of the lab is compatible with this statement and confirmed the intake of etamivan, a stimulant. She insisted that she only took the medication given to her by the team doctor Ms. Ganna Gryhchenko, without any consideration that it could be prohibited.
The FISA Anti-Doping Hearing Panel concludes that the Athlete had no intention to enhance her sport performance and that she followed the advice of her team doctor in order to treat her medical condition.

The Panel finds that the team doctor is expected to know the IOC Anti-Doping Rules and the list of prohibited substances. In spite of this, Dr. Ganna Gryhchenko provided to the athlete Ms. Olena Olefirenko the medication Instenon, which contained the prohibited substance etamivan, resulting in disqualification of the Athlete and her crew and the loss of an Olympic medal.
The Hearing Panel rules that Doctor Ganna Gryhchenko had probably no intention to violate any anti-doping rules. Her negligence in this case is significant and it had disastrous consequences for the Athletes. Therefore the FISA Anti-Doping Hearing Panel decides to impose a 4 year period of ineligibility on Dr. Ganna Gryhchenko, starting from the date of the sample collection, i.e. 22 August 2004.

FISA 2005 FISA vs Olena Olefirenko

9 Feb 2005

Related case:
FISA 2005 FISA vs Ganna Gryhchenko
February 9, 2005

In August 2004 the Athlete Olena Olefirenko competed in the Women’s quadruple sculls event during the Athens 2004 Olympic Games.
The International Olympic Committee (IOC) has reported an anti-doping rule violation against the Athlete after her sample tested positive for the prohibited substance etamivan.
The Ukraine Delegation declared, in absence of the Athlete, to the IOC Disciplinary Commission that the Athlete took the medication, listed on the Doping Control Official Record. The medication were prescribed by the Athlete’s team doctor.
The Disciplinary Commission noted that, on the Doping Control Official Record filled out by the athlete at the time of the collection, one of the medications declared by the athlete, Instenon, contains the prohibited substance etamivan, found in her urine.
The Disciplinary Commission unanimously concluded that the Athlete had committed a doping offence in that there was etamivan in the Athlete’s urine. The Athlete had no possibility of knowing that she was taking a prohibited substance and that she had no reason not to trust her doctor.

On 26 August 2004, based on the recommendation of the Disciplinary Commission, the IOC Executive Board decided:
1.) that, due to the adverse analytical finding in the urine of the Athlete Ms. Olena Olefirenko and the Ukraine team (women’s quadruple sculls in final A) be disqualified from the Women’s quadruple sculls event, in which they had placed third;
2.) that all bronze medals and diplomas be withdrawn from the above-noted athletes;
3.) that the International Rowing Federation be requested to modify the results of the above-mentioned event accordingly and to consider any further action within its own competence;
4.) the Ukraine Olympic Committee be ordered to return to the IOC, as soon as possible, the medals and diplomas awarded to the athletes in relation to the above-noted event;
5.) that the International Rowing Federation consider possible action against the Athlete’s team doctor;
6.) that the Ukraine Olympic Committee consider possible action against the team doctor;
7.) that the IOC reserves the right to open a new procedure in front of the IOC with respect to any participation of the team doctor in the 2006 or 2008 Olympic Games; and
8.) this decision shall enter into force immediately.

Hereafter in November 2004 the International Federation of Rowing Associations (FISA) notified the Athlete, her team doctor and the National Olympic Committee of Ukraine, of a FISA hearing about this doping case.
The athlete claimed that she did not take any other substance than those listed in the doping form that she had completed. The analytical finding of the lab is compatible with this statement and confirmed the intake of etamivan, a stimulant. She insisted that she only took the medication given to her by the team doctor, without any consideration that it could be prohibited.

The FISA Anti-Doping Hearing Panel concludes that the Athlete had no intention to enhance her sport performance and that she followed the advice of her team doctor in order to treat her medical condition. The FISA Anti-Doping Hearing Panel decides:
1.) The Athlete Ms. Olena Olefirenko committed a doping violation in that there was etamivan in her urine sample of 22 August 2004.
2.) The Athlete has established that in this violation, she was not at fault and was not negligent in her behaviour.
3.) Therefore the period of ineligibility which would otherwise be the sanction for such a doping violation is eliminated and further, the violation shall not be considered a violation for the limited purpose of determining the period of ineligibility for multiple violations.
4.) This award is rendered without costs.

AFLD 2013 FFC vs Respondent M56

30 May 2013

Facts
French Cycling Federation (Fédération Française de Cyclisme, FFC) charges respondent M56 for a violation of the Anti-Doping Rules. During the federal cyclo-cross championship on January 20, 2013, a sample was taken for a doping test. The sample highlighted the presence of prednisone and prednisolone. These substances are prohibited according the World Anti-Doping Agency (WADA) prohibited list and are regarded as specified substances.

History
The respondent claims that the positive test derives from his medication for bronchitis for which he has a medical certificate.

Decision
1. The respondent is acquitted.
2. The decision will be published and sent to the parties involved.

AFLD 2013 FFFCKDA vs Respondent M55

30 May 2013

Facts
The French Fighting Full Contact & Associated Disciplines Federation (Fédération Fighting Full Contact Kickboxing & Disciplines Associées - FFFCKDA) charges respondent M55 for a violation of the Anti-Doping Rules. During the French full contact Championship on June 2, 2012, a sample for doping test was provided. The sample tested positive on a metabolite of cannabis. Cannabis is a prohibited substance according the World Anti-Doping Rules (WADA) prohibited list and is regarded as a specified substance.

Decision
1. The sanction is a period of ineligibility of 6 months in which the respondent can't take part in competition or manifestations organized by the FFCKDA).
2. All the results obtained at the match on June 2, 2012, are cancelled. Medals, points and price money is withdrawn.
3. The present decision will start on the date of notification.
4. The decision will be published and sent to the parties involved.

FISA 2004 FISA vs Ulf Lienhard

7 Mar 2004

In August 2003 the Pan American Sports Organisation (PASO) has reported an anti-doping violation against the Argentinean Athlete Ulf Lienhard after his A and B samples tested positive in the WADA accredited Montreal laboratory in Canada for the prohibited substance cocaine. The Athlete initiated his own test for cocaine and provided samples to the Centre for Toxicological Research in Buenos Aires. The results were negative.
The International Federation of Rowing Associations notified the Athlete and ordered a provisional suspension. The Athlete filed a statement in his defence and was heard for the FISA Commission of Enquiry.

The Athlete stated he never took cocaine and that the presence of cocaine in his body can only result from contamination. He stressed that the level of cocaine metabolites found in his urine was very low and that it could not enhance his performance. He believes that this contamination could have come from two possible sources. One was the food and drinks which were available at the Athletes’ hotel or at the rowing course where no strict protection measures were in place. The other possibility could have been through skin absorption mainly with $US banknotes that the athlete had been handling in certain transactions during the few days preceding the competition.

Considering Athletes explanation and the evidence, the FISA Executive Committee concludes that the Athlete failed to rebut the presumption of guilt resulting from the presence of a prohibited substance in his body. Therefore the FISA Executive Committee decides to impose a 2 year period of ineligibility on the Athlete starting on the date of the sample collection, i.e. 10 August 2003.

AFLD 2013 FFA vs Respondent M54

16 May 2013

Facts
The French Athletics Federation (Fédération Française d'Athlétisme, FFA) charges respondent M54 for a violation of the Anti-Doping Rules. During the athletics event "Grand Ménestrail", on December 2, 2012, a sample was taken for a doping test. The sample tested positive on a metabolite of budesonide and prednisolone. These are prohibited substances on the World Anti Doping Agency (WADA) prohibited list and regarded as specified substances.

History
The respondent mentions the used of a nose spray as cause of the positive test. He used the spray to treat asthmatic bronchitis, for which he has a certificate from his physician. The was no intention to enhance his sport performance.

Decision
1. The respondent is acquitted.
2. The decision will be published and sent to the parties involved.

FISA 2004 FISA vs Mohamed Abdel Ghaffar Ahmed

25 Jan 2004

The International Federation of Rowing Associations (FISA) has reported an anti-doping violation against the Egyptian Athlete Mohamed Abdel Ghaffar Ahmed after his 2 samples, provided in June and July 2002, tested positive for the prohibited substance nandrolone.
FISA notified the Athlete and a provisional suspension was ordered. The Athlete was not heard for the FISA Commission of Enquiry but submitted a statement in his defence to FISA in the form of a response to the “athlete’s questionnaire”.

The Athlete stated he suffered from severe pain in his leg in March and April 2002. In April 2002 the Athlete went to the pharmacist in his village who administered and injection of Deca Durabolin to relieve the pain.

From the files and from the submitted statement, the FISA Executive Committee concludes that the Athletes had no intention to enhance sport performance and acted negligently. The Committee finds that the Athlete has a poor level of eductation. He can neither read nor write, and lives in a region where it is difficult to get qualified medical assistance.
Considering the circumstances the FISA Executive Committee decides to impose a 18 month period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 16 August 2002.

FISA 2004 FISA vs Helfried Jurtschitsch, Martin Kobau & Norbert Lambing

25 Jan 2004

In August 2003 the International Federation of Rowing Associations (FISA) has reported an anti-doping violation against the Austrian Athletes Helfried Jurtschitsch, Martin Kobau and Norbert Lambing after their A and B samples tested positive for the prohibited substance norandrosterone.
FISA notified the Athletes and ordered a provisional suspension. The Athletes filed statements in their defence and were heard for the FISA Commission of Enquiry in January 2004.

The Athletes stated the used a supplement Mega Ribosyn since 2001. Before using the Athletes researched the ingredients of the supplement and consulted the website of their National Anti-Doping Agency and the list of the Seibersdorf Laboratory which is accredited by the IOC and WADA. The list indicated in which shop the supplement should be bought and the lot number which has been tested. However the Athletes did not pay attention to the lot number when they purchased the product.

After the Athlete’s adverse result the supplement Mega Ribosyn has been re-tested. Some capsules in the same box contained 0.02 ng/ml of norandrosterone and others 20 ng. Hereafter the product was removed from the Seibersdorf website in August 2004. The complete list was also removed from the website.
The Athletes argued that they have not been able to train normally since they tested positive. The lost some grants and have not been to training camps. In addition the sponsors have rejected them and they have received a lot of criticism in newspapers.

From the files and from the hearing for the Commission of Enquiry, the FISA Executive Committee concludes that the Athletes had no intention to enhance sport performance and no significant negligence due to the Athletes did everything possible to avoid using prohibited substances.

With lex mitior and very small negligence the FISA Executive Committee decides to impose a 6 month period of ineligibility on the Athletes, starting on the date of the provisional suspension, i.e. on 21 August 2003.

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