ST 2022_02 DFSNZ vs Sincere Harraway

14 Apr 2022

In February 2022 Drug Free Sport New Zealand (DFSNZ) has reported an anti-doping rule violation against the rugby player Sincere Harraway after his sample tested positive for the prohibited substance Cannabis.

After notification a provisional suspension was ordered. DFSNZ offered the Athlete a reduced sanction if he accepted to complete an approved substance of abuse treatment program.

The Athlete gave a prompt admission and accepted to complete an approved treatment program. Because he had moved to Australia he was unable to find such a program. Following his return to New Zealand in March 2022 he managed to participate in an approved treatment program.

The case was referred to the Sports Tribunal of New Zealand and a decision was rendered based on the written submissions of the parties.

Therefore the Tribunal decides on 14 April 2022 to impose a 1 month period of ineligibility on the Athlete under the condition that the Athlete completed an approved treatment program to the satisfaction of DFSNZ.

UKAD 2020 UKAD vs Shaun Leonard

11 Aug 2022

On 17 October 2019 the cyclist Shaun Leonard was convicted and fined in Switzerland before the Criminal Court of the Canton of Ticino after Swiss customs in August 2018 had found and seized multiple prohibited substances in his possession:

  • Amiloride
  • Clenbuterol
  • Dexamphetamine (d-amphetamine, dextroamphetamine)
  • Furosemide
  • Modafinil
  • Morphine
  • Testosterone

When the Athlete was interviewed by the United Kingdom Anti-Doping (UKAD) in July 2019 the Athlete admitted the possession and use of the substances. Prior in February 2018 the Athlete had made a TUE application for Testosterone, Dexamfetame, Lisdexamfetamine, Morphine and Modafinil. Yet, the Athlete was advised by UKAD to apply a retroactive TUE when he was subject to a doping control test, which the Athlete failed to make.

Hereafter in June 2020 UKAD reported two anti-doping rule violations against the Athlete for the use and possession of multiple prohibited substances seized in Switzerland in August 2018.

After notification a provisional suspension was ordered. The Athlete failed to file a response to the charges, nor attended the hearing of the National Anti-Doping Panel.

The Athlete instead disputed the jurisdiction of UKAD and subject to the ADR. He asserted that following a serious accident he suffered in May 2018, he did not participate in events and was retired. His civil proceedings against UKAD's jurisdiction delayed the proceedings in this case.

In the Athlete's absence the Panel establishes that UKAD has jurisdiction; the Athlete was duly notified; and at the material time he was subject to and bound by the ADR.

Considering the evidence in this case the Panel is comfortably satisfied that the Athlete has possessed and used the prohibited substances Testosterone, Amiloride, Furosemide and Clenbuterol.

Therefore the National Anti-Doping Panel decides on 11 August 2022 to impose a 4 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. 24 June 2020.

UKAD 2022 UKAD vs Liam Jenkins

10 Aug 2022

In Januari 2022 the United Kingdom Anti-Doping (UKAD) has reported an anti-doping rule violation against the rugby player Liam Jenkins after his sample tested positive for the prohibited substance Clenbuterol.

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 asserted that the substance was used for weight loss. Because the Athlete gave a timely admission of the anti-doping rule violation he received a 1 year reduction from UKAD.

Therefore UKAD decides on 10 August 2022 to impose a 3 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 20 January 2022.

iNADO Update #2022-09

5 Sep 2022

iNADO Update (2022) 09 (5 September)
Institute of National Anti-Doping Organisations (iNADO)


Contents:

iNADO Community

  • iNADO 2022 Workshop in Numbers
  • Election of NADOs: What Should be their Role within WADA?
  • Overview of NADOs acting as Integrity Agencies
  • Good Governance Practices of JADA x JSAA

Bulletin Board

  • Summary of iNADO Webinar with WADA on the NADO Expert Advisory Group Elections
  • Report to iNADO Members: Measures undertaken to improve sample analysis ahead of Major Events
  • FAQ: "Are other athletes tested sufficiently?" A possible answer to this question

Athlete's Voice

  • The new WADA Athlete Council: A Call to strengthen Athlete Representation in iNADO Member Organizations
  • Athlete Representation Recommendations

Science

  • Dietary Supplements as a Major Cause of Anti-Doping Rule Violation
  • Ten Years of Collecting Hermatological Athlete Biological Passport Samples

Practical Development in Anti-Doping

  • National Anti-Doping Bill Passed in the Indian Government

Feature of the Month

  • WADA seeks Candidates for New Independent Ethics Officer Position

iNADO Partners & Sponsors

  • New at the Anti-Doping Knowledge Center

AAA 2022 No. 01 22 0002 1021 USADA vs Ellis Coleman

25 Aug 2022

In February 2022 the United States Anti-Doping Agency (USADA) has reported an anti-doping rule violation against the militairy Athlete Sgt. Ellis Coleman after his sample tested positive for the prohibited substance Dehydroepiandrosterone (DHEA).

After notification a provisional suspension was ordered. The Athlete filed a statement in his defence and he was heard for the American Arbitration Association Commercial Arbitration Tribunal.

The Athlete admitted the violation, denied the intentional use of the substance and requested for a reduced sanction. He acknowledged that he had used a supplement Neupanex which listed the substance DHEA as an ingredient.

He explained that he suffered from several traumatic brain injuries and that he used this over-the-counter supplement following recommendations by his coach. He consulted his primary care medical provider about this supplement. Yet his medical provider mistakenly believed that this supplement was clean.

USADA accepted that the violation was not intentional and contended that the Athlete has acted negligently regarding the use of his supplement.

The Sole Arbitrator establishes that the Athlete was tested before without issues and had received sufficient anti-doping education. However the Athlete failed to research the label of this product and only relied completely on the advice of his medical provider, nor contacted USADA about his supplement.

Although the Arbitrator concludes that the violation was not intentional he finds that the Athlete had acted negligently without grounds for No Significant Fault or Negligence.

Therefore the AAA Arbitration Tribunal decides on 25 August 2022 to impose a 2 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 28 February 2022.

ITF 2022 ITF vs Mariano Tammaro

25 Aug 2022

In November 2021 the International Tennis Federation (ITF) had reported an anti-doping rule violation against the Italian tennis player Mariano Tammaro after his A and B samples tested positive for the prohibited substance Clostebol.

After notification a provisional suspension was ordered. The Athlete filed a statement in his defence and he was heard for the ITF Independent Tribunal.

The Athlete admitted the violation and denied the intentional use of the substance. He asserted with evidence that the source of the substance was a Trofodermin spray that was used in September 2021 for the treatment of a knee wound that was not healing well

The Trofodermin spray was prior purchased for the treatment of the wound suffered by his father. During treatment of his own wound in September 2021 the father applied the Trofodermin spray on the wound without notice to the Athlete. As a result he was unable to check the Trofodermin spray before using.

ITF contended that the Athlete failed to demonstrated that the violation was not intentional and that there are inconsistencies in the witness statements provided by the Athlete's parents.

The Panel establishes that at the time of the violation the Athlete (17) was a Minor, yet not a Protected Person, and that he had received anti-doping education.

Based on the evidence the Panel accepts that the Athlete has demonstrated the source of the prohibited substance and that the violation was not intentional. Nevertheless considering the circumstances in this case the Panel deems that there a no grounds for No Significant Fault or Negligence.

Therefore the ITF Independent Tribunal decides on 25 August 2022 to impose a 2 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 30 November 2021.

FIFA 2022 FIFA vs Sabri Ali Mohamed

14 Jun 2022

In Januari 2022 the International Football Federation (FIFA) has reported an anti-doping rule violation against the Djibouti football player Sabri Ali Mohamed after his A and B samples tested positive for the prohibited substance Testosterone.

After notification a provisional suspension was ordered. The Athlete filed a statement in his defence and he was heard for the FIFA Disciplinary Committee.

The Athlete admitted the violation and denied the intentional use of the substance. He stated that following advice of his fitness trainer he had used Testosterone through injections to improve his body whereas he was unaware of the doping rules.

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

The Committee deems that the purpose of the injections was clearly to enhance his sporting performance and that the Athlete failed to demonstrate that the violation was not intention.

Therefore the FIFA Disciplinary Committee decides on 14 June 2022 to impose a 4 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. 11 January 2022.

FIFA 2021 FIFA vs Dariya Meshcheryakova

3 Jun 2021

In 2016, Professor Richard McLaren issued two reports about systemic doping in Russia. These reports identified a significant number of Russian athletes who were involved in, or benefitted from, the doping schemes and practices that he uncovered.

Hereafter in January 2019 the World Anti-Doping Agency (WADA) recovered the internal database of the Moscow Laboratory (LIMS). Following investigation of allegations of organized doping practices, and in particular of the LIMS, WADA provided international federations with investigation reports on the athletes implicated in these organized doping practices.

As a result in March 2021 the International Football Federation (FIFA) reported an anti-doping rule violation against the football player Dariya Meshcheryakova for the use of the prohibited substance Furosemide in April 2013. After notification the Athlete failed to respond and the case was referred to the FIFA Disciplinary Committee.

Considering the evidence in this case the Disciplinary Committee establishes that the Athlete had used a prohibited substance and accordingly had committed an anti-doping rule violation. Without her response the Committee deems that the Athlete failed to demonstrate that the violation was not intentonal, nor grounds for a reduced sanction.

Therefore the FIFA Disciplinary Committee decides on 3 June 2021 to impose a 2 year period of inelgibility on the Athlete, starting on the date of the notification of this decision, i.e. on 19 July 2021.

FIFA 2021 FIFA vs Ivan Knyazev

3 Jun 2021

In 2016, Professor Richard McLaren issued two reports about systemic doping in Russia. These reports identified a significant number of Russian athletes who were involved in, or benefitted from, the doping schemes and practices that he uncovered.

Hereafter in January 2019 the World Anti-Doping Agency (WADA) recovered the internal database of the Moscow Laboratory (LIMS). Following investigation of allegations of organized doping practices, and in particular of the LIMS, WADA provided international federations with investigation reports on the athletes implicated in these organized doping practices.

As a result in March 2021 the International Football Federation (FIFA) reported an anti-doping rule violation against the football player Ivan Knyazev for the use of the prohibited substance Metandienone in May 2013. After notification the Athlete failed to respond and the case was referred to the FIFA Disciplinary Committee.

Considering the evidence in this case the Disciplinary Committee establishes that the Athlete had used a prohibited substance and accordingly had committed an anti-doping rule violation. Without his response the Committee deems that the Athlete failed to demonstrate that the violation was not intentonal, nor grounds for a reduced sanction.

Therefore the FIFA Disciplinary Committee decides on 3 June 2021 to impose a 2 year period of inelgibility on the Athlete, starting on the date of the notification of this decision, i.e. on 19 July 2021.

FIFA 2019 FIFA vs Santiago Martin Silva Olivera

23 Oct 2019

In August 2019 an anti-doping rule violation was reported against the Argentine football player Santiago Martin Silva Olivera after his sample tested positive for the prohibited substances Androsterone, Etiocholanolone and Testosterone.

Consequently the National Anti-Doping Disciplinary Court ordered a provisional suspension and this was communicated to FIFA. In October 2019 the Argentine Football Association confirmed that the Athlete was duly notified. Hereafter the Argentine Football Association informed FIFA that the Athlete's club had requested for suspension of the Athlete's provisional sanction.

Because already a national provisional sanction was imposed in August 2019 the FIFA Disciplinary Committee established that under the applicable rules the conditions were fulfilled for worldwide adoption of this provisional sanction in question.

Therefore on 23 October 2019 the FIFA Disciplinary Committee decides to impose a worldwide extention of the provisional suspension imposed on the football player, starting on 7 August 2019.

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