FEI 2022 FEI vs Fabian Sejanes

27 Oct 2023

In October 2022 the International Testing Agency (ITA), on behalf of the International Equestrian Federation (FEI), reported an anti-doping rule violation against the Argentine Athlete Fabian Sejanes after his sample tested positive for the prohibited substance Hydrochlorothiazide.

Following notification the Athlete filed a statement in his defence. The FEI Tribunal Hearing Panel rendered a decision based on the written submisssions of the Parties.

The Athlete demonstrated with medical documents that the source of the prohibited substance was his medication. This was prescribed by his cardiologist since 2014 as treatment for his chronic medical condition.

Thereupon the Athlete's application for a retroactive TUE was rejected by the FEI TUE Committee because he was not considered an international level-athlete. Also the Argentine TUE Committee rejected his TUE application because there was not provided adequate medical justification for its use.

Only in July 2023 the Athlete made an application for a prospective TUE and he continued to participate into competitions without a valid TUE. He alleged that the Olympic Committe of Argentina had advised him to stop using his medication before participating in the Tokyo Olympics.

FEI accepted that the Athlete's violation was not intentional and requested for a fine and a reduced sanction. Although there are grounds for No Significant Fault or Negligence FEI contended that the Athlete also acted negligently with the Rules and the relelevant TUE requirements and process.

Further FEI deemed that the Athlete had not accepted a voluntary provisional suspension whereas he continued to compete without a valid TUE. Not until July 2023 he made an application for a prospective TUE.

The Panel assessed and addressed the evidence and the Athlete's conduct in this case. Ultimately the Panel determines that:

  • The Athlete's violation is not intentional.
  • There are grounds for No Significant Fault or Negligence.
  • The prohibited substance was prescribed for a legitimate medical treatment.
  • The Athlete provided insufficient medical documents for his retrospective TUE applications.
  • He waited 5 months before he made and application for a prospective TUE in July 2023.
  • The Athlete continued to disrespect the Rules and the value of clean sport.
  • The is no corroborating evidence that the Argentine Olympic Committee had advised him to stop taking his medication  before participating in the Tokyo Olympics.

Therefore the Panel decides on 27 October 2023 that:

  • Mr. Sejanes violated Articles 2.1 and 2.2 of the ADRHAs.
  • Mr. Sejanes is suspended for a period of eighteen (18) months effective from the date of notification of this Decision pursuant to Article 10.14 of the ADRHAs.
  • All results obtained by Mr. Sejanes at the Event are disqualified, with all resulting consequences, including forfeiture of any medals, points and prizes pursuant to Articles 9 and 10.1 of the ADRHAs.
  • All other competitive results obtained by Mr. Sejanes from the date of his sample collection (i.e., 11 August 2022) are disqualified, with all resulting consequences, including forfeiture of any medals, points and prizes pursuant to Article 10.10 of the ADRHAs.
  • Mr. Sejanes is ordered to pay a fine of three thousand Swiss Francs (CHF 3’000).
  • Mr Fabian is ordered to pay one thousand five hundred Swiss Francs (CHF 1’500) as a contribution to the legal costs that the FEI has incurred in these proceedings.

UKAD 2023 UKAD vs Taylor Baddeley

26 Oct 2023

In May 2023 the United Kingdom Anti-Doping (UKAD) reported an anti-doping rule violation against the rugby player Taylor Baddeley (18) after his sample tested positive for the prohibited substance Cocaine.

After notification the Athlete gave a prompt admission, waived his right for a hearing, accepted a provisional suspension and the sanction proposed by UKAD.

The Athlete explained that he recreationally had used Cocaine and alcohol a week before the competition. UKAD accepts that the use of the substance occurred out-of-competition.

Because the Athlete demonstrated that he underwent a Substance of Abuse treatment program UKAD reduced the sanction down to one month.

Therefore UKAD decides on 26 October 2023 to impose a 1 month period of ineligibility on the Athlete. Because the Athlete already served the sanction he is deemed eligible to participate in sport forthwith.

ADDPI 2023_144 INADA vs Rohan Vijay Gurav

12 Sep 2023

In May 2023 the India National Anti-Doping Agency (INADA) reported an anti-doping rule violation against the bodybuilder Rohan Vijay Gurav after his sample tested positive for the prohibited substance Stanozolol.

Following notification a provisional suspension was ordered. The Athlete filed a statement in his defence and he was heard for the Anti-Doping Disciplinary Panel of India (ADDPI).

The Panel finds that the presence of a prohibited substance had been established in the Athlete's sample and accordingly that he committed an anti-doping rule violation. The Panel notes that the Athlete at the hearing responded rudely and rowdy and did not regret at all his use of Stanozolol.

Therefore the Panel decides on 12 September 2023 to impose a 4 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. 12 May 2023.

ADDPI 2023_133 INADA vs Pankaj Mukheja

25 Oct 2023

In May 2023 the India National Anti-Doping Agency (INADA) reported an anti-doping rule violation against the shooter Pankaj Mukheja after his sample tested positive for the prohibited substance Propranolol. Following notification the Athlete filed a statement in his defence and he was heard for the Anti-Doping Disciplinary Panel of India (ADDPI).

The Athlete admitted the violation and denied the intentional use of the substance. He explained that he had used prescribed medication for his condition.

The Athlete asserted that he was unaware that his medication was prohibited whereas he had mentioned this on the Doping Control Form. Yet, his application for a TUE was rejected by the TUE Committee in May 2023.

The Panel finds that the presence of a prohibited substance has been established in the Athlete's sample and accordingly that he committed an anti-doping rule violation.

The Panel accepts that the violation was not intentional and deems that the Athlete had acted negligently with his improper medication he used since December 2022. Moreover the Panel determines that he had already available proper medication without banned substances, prescribed in March 2023 by his doctor.

Therefore the Panel decides on 25 October 2023 to impose a 2 year period of ineligibility on the Athlete, starting on the date of the decision.

ADDPI 2023_132 INADA vs Khushi

16 Oct 2023

In May 2023 the India National Anti-Doping Agency (INADA) reported an anti-doping rule violation against the powerlifter Khushi after her sample tested positive for the prohibited substances Clenbuterol, Mephentermine and Methasterone.

Following notification a provisional suspension was ordered and she was heard for the Anti-Doping Disciplinary Panel of India (ADDPI).

The Panel finds that the presence of prohibited substances has been established in the Athlete's sample and accordingly that she committed an anti-doping rule violation.

Therefore the Panel decides on 16 October 2023 to impose a 4 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 8 May 2023.

ADDPI 2023_128 INADA vs Manpreet Singh

29 Sep 2023

In May 2023 the India National Anti-Doping Agency (INADA) reported an anti-doping rule violation against the bodybuilder Manpreet Singh after his sample tested positive for the prohibited substances Canrenone, Clenbuterol, Stanozolol and Tamoxifen.

Following notification a provisional suspension was ordered. The Athlete filed a statement in his defence and he was heard for the Anti-Doping Disciplinary Panel of India (ADDPI).

The Athlete admitted the violation and stated that he was unaware that these substances were prohibited. He argued that his sports federation had not banned these substances.

The Panel finds that the presence of prohibited substances has been established in the Athlete's sample and accordingly that he committed an anti-doping rule violation. The Panel determines that he had not mentioned these substances on the Doping Control Form and deems that the violation was intentional.

Therefore the Panel decides on 29 September 2023 to impose a 4 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 16 May 2023.

ADDPI 2023_127 INADA vs Nirmal Kumar Shetter

12 Sep 2023

In April 2023 the India National Anti-Doping Agency (INADA) reported an anti-doping rule violation against the bodybuilder Nirmal Kumar Shetter after his sample tested positive for the prohibited substances Canrenone, Drostanolone, Mephentermine, Phentermine and Stanozolol.

Following notification a provisional suspension was ordered. The Athlete filed a statement in his defence and he was heard for the Anti-Doping Disciplinary Panel of India (ADDPI).

The Panel finds that the presence of prohibited substances has been established in the Athlete's sample and accordingly that he committed an anti-doping rule violation. The Panel deems that the Athlete failed to demonstrate that the violation was not intentional.

Therefore the Panel decides on 12 September 2023 to impose a 4 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 12 April 2023.

ADDPI 2023_126 INADA vs Bajrang

12 Oct 2023

In April 2023 the India National Anti-Doping Agency (INADA) reported an anti-doping rule violation against the powerlifter Bajrang after his sample tested positive for the prohibited substances Letrozole, Mephentermine, Phentermine, Stanozolol and Trenbolone.

Following notification a provisional suspension was ordered. The Athlete filed a statement in his defence and he was heard for the Anti-Doping Disciplinary Panel of India (ADDPI).

The Athlete admitted the violation and stated that he had received injections in order to improve his performances. He asserted that he was unaware that these substances were prohibited.

The Panel finds that the presence of prohibited substances has been established in the Athlete's sample and accordingly that he committed an anti-doping rule violation.

Therefore the Panel decides on 12 October 2023 to impose a 4 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 12 April 2023.

ADDPI 2023_124 INADA vs Kunal

17 Oct 2023

In May 2023 the India National Anti-Doping Agency (INADA) reported an anti-doping rule violation against the powerlifter Mumin Khan after his sample tested positive for the prohibited substance Furosemide.

Following notification the Athlete filed a statement in his defence and he was heard for the Anti-Doping Disciplinary Panel of India (ADDPI).

The Athlete explained that was his first Doping Control and that he has used medication prescribed by his doctor as treatment for his high blood pressure. He asserted that he was unaware that the medication Lasix contained a prohibited substance, nor that he had to apply for a TUE.

INADA disputed the authenticity of the medical documents provided by the Athlete. Further it contended that he failed to mention his medication on the Doping Control Form, nor made an application for a TUE.

The Panel finds that the presence of a prohibited substance has been established in the Athlete's sample and accordingly that he committed an anti-doping rule violation.

The Panel deems that the Athlete failed to demonstrate that the violation was not intentional, nor the source of the prohibited substance. The Panel agrees that the Athlete's medical documents are dubious.

Therefore the Panel decides on 17 October 2023 to impose a 2 year period of ineligibility on the Athlete, starting on the date of the decision.

ADDPI 2023_122 INADA vs Mumin Khan

12 Oct 2023

In May 2023 the India National Anti-Doping Agency (INADA) reported an anti-doping rule violation against the powerlifter Mumin Khan after his sample tested positive for the prohibited substances Fluoxymesterone, Torasemide and Trenbolone.

Following notification a provisional suspension was ordered. The Athlete filed a statement in his defence and he was heard for the Anti-Doping Disciplinary Panel of India (ADDPI).

The Panel finds that the presence of prohibited substances has been established in the Athlete's sample and accordingly that he committed an anti-doping rule violation.

The Panel determines that the Athlete had acted negligently as he had used supplements without consultation of a doctor, his coach or any other expert.

Therefore the Panel decides on 12 October 2023 to impose a 4 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 10 May 2023.

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