AFLD 2013 FFF vs Respondent M37

11 Apr 2013

Facts
The French Football Federation (Fédération Française de Football, FFF) charges respondent M37 for a violation of the Anti-Doping Rules. During a footballmatch on October 6, 2012, a sample was taken for a doping test. The sample tested positive on a metabolite of cannabis which is a prohibited substance on the World Anti-Doping Agency (WADA) prohibited list. Cannabis is regarded as a specified substance.

History
The respondent claims that he didn't use the prohibited substance for enhancing his sport performance, the use was during a festivity.

Decision
1. The sanction is a period of ineligibility of 6 months in which the respondent can't take part in competition or manifestation organized by the FFF.
2. The period of ineligibility will be reduced by the period all-ready served in voluntary suspension.
3. The decision of the disciplinary committee of the FFF, dated December 19, 2012, will be modified.
4. The decision will start on the date of notification.
5. The decision will be published and sent to the parties involved.

ANAD Comisia de Apel 2010_09 WADA vs Miruna Elena Trifan

9 Dec 2010

Related case:

ANAD Comisia de Audiere 2010_29 ANAD vs Miruna Elena Trifan & Xenofonte Bobob
August 12, 2010

In June 2009 the Agenţia Naţională Anti-Doping (ANAD), the National Anti-Doping Agency of Romania, has reported an anti-doping rule violation against the minor Athlete Miruna Elena Trifan after her sample tested positive for the prohibited substance metandienone.

The Athlete stated she had used pills provided by her coach. The coach admitted he gave the Athlete Naposim (metandienone) without the medical staff’s notice and without knowledge of the Athlete or members of her family.

Due to the coach's guilt and the Athlete’s no fault, the Romanian Hearing Commission of Athletes and Athlete Support Personnel decided not to sanction the Athlete on 12 August 2010. The Athlete’s coach however was sanctioned with a lifetime period of ineligibility.

Hereafter in September 2010 WADA appealed the decision of the Hearing Commission with the Romanian Appeal Commission. WADA requested the Appeal Commission to set aside the decision of the Hearing Commission and to impose a 2 year period of ineligibility on the Athlete. WADA argued that the Athlete failed to exercise utmost caution in using the pills.
Considering the circumstances the Romanian Appeal Commission concludes that the Athlete did not show a significant fault or negligence regarding the way the prohibited substance got into her body.
However the Appeal Commission notes that it is not necessary to prove the intention or the Athlete’s fault to establish the anti-doping rule violation due to the strict responsibility principle of the Athlete for finding the prohibited substances in her body.

The Commission rules that the WADA appeal is allowed and to set aside the decision of the Romanian Hearing Commission of Athletes and Athlete Support Personnel.
Therefore Romanian Appeal Commission decides to impose a 1 year period of ineligibility on the Athlete, starting on 8 July 2010.

AFLD 2013 FFA vs Respondent M36

11 Apr 2013

Facts
The French Athletics Federation (Fédération Française d'athlétisme, FFA) charges respondent M36 for a violation of the Anti-Doping Rules. During the athletic event "de la coupe de France d'athletisme", on October 14, 2012, a sample was taken for a doping test. The sample tested positive on a metabolite of cannabis which is a prohibited substance on the World Anti-Doping Agency (WADA) prohibited list. Cannabis is regarded as a specified substance.

History
The respondent used cannabis two weeks before the doping test, he used it in a recreational setting and had no intention to enhance his performance.

Decision
1. The respondent is sanctioned with a period of ineligibility of 6 months in which he can't play competition or take part in a manifestation organized by the FFA.
2. The period of ineligibility will be reduced by the period of voluntary suspension.
3. The decision of the disciplinary committee of the FFA, dated December 20, 2012, will be modified.
4. The decision will be published and sent to the involved parties.

ANAD Comisia de Apel 2010_03 WADA vs Mǎdǎlina Veronica Mureşan

8 Jan 2010

In June 2009 the Agenţia Naţională Anti-Doping (ANAD), the National Anti-Doping Agency of Romania, has reported an anti-doping rule violation against the Athlete Mǎdǎlina Veronica Mureşan after her sample tested positive for the prohibited substance sibutramine.
Due to the Athlete had used a supplement in order to lose weight the Romanian Hearing Commission of Athletes and Athlete Support Personnel decided to impose a reprimand and a warning on the Athlete.

Hereafter in August 2009 WADA appealed the decision of the Hearing Commission with the Romanian Appeal Commission. WADA requested the Appeal Commission to set aside the decision of the Hearing Commission and to impose a 2 year period of ineligibility on the Athlete. WADA argued that the Athlete failed to exercise utmost caution in using the supplement.

The Romanian Appeal Commission finds that the Athlete had not intention to enhance sport performance and that the ingredients on the label of the supplement did not mention any prohibited substances. The Appeal Commission concludes however that the Athlete could have taken more caution before she purchased and used the supplement.
Considering the circumstances the Romanian Appeal Commission rules that the WADA appeal is partly allowed and to set aside the decision of the Romanian Hearing Commission of Athletes and Athlete Support Personnel.
Therefore the Romanian Appeal Commission decides to impose a 1 year period of ineligibility on the Athlete, starting on the date of the sample collection, i.e. 6 June 2009.

AFLD 2013 FFA vs Respondent M35

28 Mar 2013

Facts
The French Athletics Federation (Fédération Française d'athlétisme, FFA) charges respondent M35 for a violation of the Anti-Doping Rules. During a doping controls organized at August 3 and 5, 2012, the respondent provided a sample for doping test. The sample tested positive on erythropoietin which is a prohibited substance on the World Anti-Doping Agency (WADA) prohibited list.

History
The respondent had been positive on a previous doping test on January 20, 2011, for the substance Growth Hormone Releasing Peptide (GHRP).

Decision
1. The sanction is a period of ineligibility of 2 years in which the respondent can't take part to participate organized sports competitions and events authorized by French sports federations.
2. Deduction of the period of ineligibility with the period of voluntary suspension.
3. The decision starts on the date of the notification.
4. The decision will be published and sent to the parties involved.

ANAD Comisia de Apel 2010_02 WADA vs Carmen Cristina Toma

8 Jan 2010

In June 2009 the Agenţia Naţională Anti-Doping (ANAD), the National Anti-Doping Agency of Romania, has reported an anti-doping rule violation against the Athlete Carmen Cristina Toma after her sample tested positive for the prohibited substance heptaminol.
In August 2009 the Romanian Hearing Commission of Athletes and Athlete Support Personnel concluded that the Athlete had no intention to enhance performance when she used a supplement which contained the prohibited substance.
Therefore the Hearing Commission of Athletes and Athlete Support Personnel decided to impose a reprimand and a warning on the Athlete.

Hereafter WADA appealed the decision of the Hearing Commission with the Romanian Appeal Commission. WADA requested the Appeal Commission to set aside the decision of the Hearing Commission and to impose a period of ineligibility between 1 year and 2 years. WADA argued that the Athlete purchased the supplement without informing the sales person that she is a national level Athlete and she also failed to read the leaflet before using the supplement. The prospectus of the supplement expressly mentions that the pills contain heptaminol.

The Romanian Appeal Commission concludes that the Athlete had not intention to enhance her sport performance but finds that she could have taken more caution with reading the prospectus before using the pills.
Considering the circumstances the Romanian Appeal Commission rules that the WADA appeal is partly allowed and to set aside the decision of the Romanian Hearing Commission of Athletes and Athlete Support Personnel.
Therefore the Romanian Appeal Commission decides to impose a 1 year period of ineligibility on the Athlete, starting on the date of the sample collection, i.e. 12 June 2009.

AFLD 2013 FFCC vs Respondent M34

28 Mar 2013

Facts
The French Federation of Bullfighting (Federation Française de course camarguaise, FFCC) charges respondent M34 for a of the Anti-Doping Rules. During an event of the course camarguaise, on September 15, 2012, a sample was collected for a doping test. His sample tested positive on a metabolite of cannabis. Cannabis is a prohibited substance on the Word Anti-Doping Agency (WADA) prohibited list and regarded as a specified substance.

History
The respondent used the cannabis the day before the event and was only meant for recreational use, not for improving his sport performance.

Decision
1. The sanction is a period of ineligibility of 6 months in which the respondent can't take part in competition or manifestation organized by his sport.
2. All individual results gained at the event on September 15, 2012, are cancelled also medals, points and price money are withdrawn.
3. The decision of the disciplinary committee of the FFCC taken on November 19, 2012, is cancelled.
4. The decision start on the date of notification.
5. The decision will be published and sent to the parties involved.

KADAP 2011_4 WADA vs KADA & Hyungchul Kang

8 Dec 2011

In November 2010 the Korea Anti-Doping Agency (KADA) has reported an anti-doping rule violation against the Athlete after his sample tested positive for the prohibited substance propranolol.
After notification the Athlete admitted the violation and stated he used an oriental medicine, illegally made by a pharmacist, to treat his symptoms of dyspepsia and headache. The Athlete argued that the pharmacist illegally added a medicine of beta-blocker components (propranolol pill) and failed to inform the Athlete thereof.

On 14 December 2010 the Korea Anti-Doping Disciplinary Panel decided to impose a 3 month period of ineligibility on the Athlete.

Hereafter in August 2011 WADA appealed the Korea Anti-Doping Disciplinary Panel with the Korea Anti-Doping Appeal Panel.
The Panel finds the Player acted negligently without ensuring that the medication does not contain a prohibited substance. The Athlete has not clearly requested the pharmacist to exclude the prohibited substance and has taken them without making sufficient efforts to confirm whether the prohibited substance was included.
The Korea Anti-Doping Disciplinary Panel considers WADA request to impose a 2 year period of ineligibility excessive and decides to impose a 14 month period of ineligibility on the Athlete, starting on the date of the first appeal hearing, i.e. 30 September 2011. Athlete’s previous 3 month period of ineligibility shall be counted to the total period of ineligibility.

AFLD 2013 FFR vs Respondent M33

28 Mar 2013

Facts
The French Rugby Federation (Fédération Française de Rugby, FFR) charges respondent M33 for a violation of the Anti-Doping Rules. During a meeting between Brive / Aurillac preparing for the championship of France rugby a sample for doping test was taken. This sample tested positive on methylhexaneamine which is a prohibited substance on the World Anti-Doping Agency (WADA) prohibited list and regarded as a specified substance.

History
The respondent has denied throughout the proceedings, that he willfully consumed methylhexanamine, he pleads his good faith, explaining that positivity of the urine may result from taking certain supplements or food, that he says he get legally, or from nasal decongestant he used to heal chronic sinusitis. For this he has several medical records and medical certificates.

Decision
1. The sanction is a period of ineligibility of 9 months in which the respondent can't participate in competitions and manifestations organized by the FFR.
2. The period of ineligibility will be reduced with the period voluntary suspension.
3. The earlier decision of the disciplinary committee of the FFR will be modified.
4. The decision will start on the date of notification.
5. The decision will be published and sent to the parties involved.

AFLD 2013 FFC vs Respondent M32

28 Mar 2013

Facts
The French Cycling Federation (Fédération Française de Cyclisme, FFC) charges respondent M32 for a violation of the Anti-Doping Rules. During a cyclo-cross, on October 7, 2012, a sample for doping test was taken. The sample showed the presence of pseudoephedrine which is a prohibited substance according the World Anti-Doping Agency (WADA) prohibited list. Pseudoephedrine is regarded as a specified substance.

History
There was no explanation how the substance entered the body.

Decision
1. The sanction is a period of ineligibility of 3 moths in which the respondent can't participate in competition or manifestations of the FFC or sport related organizations.
2. Individual results obtained during the event on October 7, 2012, will be cancelled. Any medals, points or prizes will be redrawn.
3. The decision will start on the date of notification.
4. The decision will be published and sent to the parties involved.

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