27 Apr 2015
CAS 2015/A/3876 James Stewart Jr. v. Federation Internationale de Motocyclisme
In June 2014 the International Motorcycling Federation (FIM) has reported an anti-doping rule violation against the American professional rider James Stewart Jr. after his samples, provided in April 2014 and in June 2014, tested positive for the prohibited substance amphetamine.
After notification a provisional suspension was ordered. However the Athlete competed in 4 Lucas Motor Oil Series of races on the basis that these events were not FIM events, nor events of the American Motorcyclist Association (AMA).
In 2012 the Athlete was diagnosed as suffering from ADHD and since then he used prescribed Adderall (Amfetamine) to treat his condition. Before April 2014 the Athlete had used his medication without a TUE. After the Athlete became aware that he had to obtain a TUE, his application in April 2014 was finally granted by the FIM TUE Board in October 2014 for a prospective TUE only.
Because the Athlete had tested positive for a prohibited substance without a valid TUE the FIM International Disciplinary Court (DCI) deemed that he had committed an anti-doping rule violation and accordingly decided on 12 December 2014 to impose a 16 month period of ineligibility on the Athlete starting on the date of the sample collection, i.e. on 12 April 2014.
Hereafter in January 2015 the Athlete appealed the FIM Decision with the Court of Arbitration for Sport (CAS). The Athlete requested to set aside the FIM decision of 12 December 2014 and for a reduced sanction.
The Athlete admitted the violation and denied that that it was intentional. He asserted that he bears No Significant Fault or Negligence and that he would have been able to obtain a retrospective TUE. He argued that before April 2014 he was unaware that he had to apply for a TUE since he had not received anti-doping education from FIM.
Due to his ADHD he alleged that he had no recollection that he had signed the Doping Control Forms confirming that he had not used any medication regularly. Furher he argued that FIM had no jurisdiction to impose a provisional suspension on any events outside its jurisdiction such als the Lucas Oil events.
The Panel accepts that the Athlete had diagnosed ADHD and that he used the prohibited substance as a prescribed medication while non of his doctors were sports specialists and neither had they informed him about anti-doping. The granted TUE demonstrated that he had a valid therapeutic reason to use the Adderrall and he didn’t try to gain an unfair competitive advantage from use of the substance.
Nevertheless the Panel holds that the Athlete failed in his duty to be aware whether the medication he used contained a prohibited substance and as a professional sportsman he had signed his Doping Control Forms confirming that he had not used any medication.
The Panel deems that under the Rules there are no grounds to grant the Athlete a retroactive TUE, nor to reduce the sanction based on No Significant Fault or Negligence. Considering the Athlete’s conduct regarding the available anti-doping information and his medication the Panel concludes the the imposed sanction of 16 months is proportionate.
Finally the Panel establishes that FIM has authority and jurisdiction not to recognize the Athlete’s results obtained during the Lucas Motor Oil Series events although its organiser is completely independent.
Therefore the Court of Arbitration for Sport decides on 27 April 2015 that:
1.) The appeal filed by Mr James Stewart Jr. against the decision rendered on 12 December 2014 by the International Disciplinary Court of the Federation Internationale de Motocyclisme is partially upheld.
2.) The decision rendered on 12 December 2014 by the International Disciplinary Court of the Federation Internationale de Motocyclisme is confirmed except that it is determined that the disqualifications of Mr James Stewart, Jr. from:
- (i) the Round of the Lucas Motor Oil Series at Blountville, Tennessee on 28 June 2014
- (ii) the Round of the Lucas Motor Oil Series at Buchanan, Michigan on 5 July 2014
- (iii) the Round of the Lucas Motor Oil Series at Mechanicsville, Maryland on 12 July 2014
- (iv) the Round of the Lucas Motor Oil Series at Millville, Minnesota on 19 July 2014
have effect only so far as Federation Internationale de Motocyclisme has jurisdiction or as so far as other authorities recognise the disqualifications.
3.) The award is pronounced without costs, except for the CAS Court Office of CHF 1000 ( one thousand Swiss Francs) already paid by the Appellant and to be retained by the CAS Court Office.
4.) Each party shall bear its own costs.
5.) All other and further claims are dismissed.