AIMS 2022 NADOMALTA vs Steve Portelli

18 May 2023

In April 2022 NADOMALTA reported an anti-doping rule violation against the hockey player Steve Portelli after his sample tested positive for the prohibited substance Cannabis in a concentration above the WADA threshold.

Following notification the Athlete admitted the violation, waived his right for a hearing, accepted a provisional suspension and the sanction proposed by the Authority for Integrity in Maltese Sports (AIMS).

Although the Parties went into a case resolution agreement the Athlete did not respond to the opportunity to establish that his use of Cannabis was a case of Substance of Abuse. Consequently he failed to demonstrate that his use occurred out-of-competition and was unrelated to sport performance.

The AIMS rejected the Athlete's request for an exemption to be permitted to coach. Further the AIMS considers that there had been delays in the proceedings not attributed to the Athlete.

Therefore the AIMS decides on 18 May 2023 to impose a 2 year period of ineligibility on the Athlete, starting on the date of the sample collection, i.e. on 13 March 2022.

World Athletics 2023 WA vs Janat Chemusto

17 Nov 2023

In July 2023 the Athletics Integrity Unit (AIU), on behalf of World Athletics, reported an anti-doping rule violation against the Ugandees Athlete Janat Chemusto after her sample tested positive for the prohibited substance 19-norandrosterone (Nandrolone). Following notification a provisional suspension was ordered and the Athlete filed a statement in her defence.

The Athlete asserted with medical documents that the prescribed medication she had used for her condition probably were the source of the prohibited substance. Yet, the AIU concluded that her medication could not explain the presence of Nandrolone in her sample.

The AIU determined that the Athlete failed to demonstrate that the violation was not intentional. As a result the AIU offered the Athlete a 1 year reduction when she timely returned a signed Admission of Anti-Doping Rule Violations and Acceptance of Consequences Form.

Following reminders by the AIU in October 2023 the Athlete ultimately returned the Admission Form 3 days beyond the set deadline. Thereupon she failed to demonstrate with evidence that her signed Admission Form indeed had been completed on or before the date of the deadline.

The AIU establishes that the Athlete failed to respond and to  confirm that she disputed the consequences of the violation in her case by the deadlines specified by the AIU. Accordingly the Athlete is deemed to have waived her right to a hearing and accepted the consequences.

Therefore the AIU decides on 17 November 2023 to impose a 4 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 13 July 2023.

World Rugby 2023 WR vs Estefano Aranda Caceres

20 Sep 2023

In May 2023 World Rugby reported an anti-doping rule violation against the Paraguayan ruby player Estefano Aranda Caceres after his sample tested positive for the prohibited substance Cannabis.

Following notification the Athlete admitted the violation, waived his right for a hearing, accepted a provisional suspension and the sanction proposed by World Rugby. The Athlete acknowledged the unintentional use of the substance whereas Word Rugby deemed that the violation was due to a Substance of Abuse.

Therefore World Rugby decides on 20 September 2023 to impose a 3 month period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 8 May 2023.

World Rugby 2023 WR vs Joaquin Huici Espinosa

14 Jul 2023

In January 2023 World Rugby reported an anti-doping rule violation against the Chilean rugby player Joaquin Huici Espinosa after his sample - provided in South Africa in Septermber 2022 - tested positive for the prohibited substances 19-norandrosterone and 19-noretiocholanolone (Nandrolone).

Prior in October 2022 the South American Sports Organization (ODESUR) had also had reported that the Athlete's sample - provided in Paraguay in October 2022 - tested positive for Nandrolone.

Following notification a provisional suspension was ordered by ODESUR. Thereupon in February 2023 the Athlete admitted to ODESUR the intentional use of the substance to aid recovery from a shoulder injury.

Hereafter in June 2023 Word Rugby commenced separate proceedings against the Athlete for the presence and use of Nandrolone. In July 2023 the Athlete timely admitted the violation, waived his right for a hearing and accepted the sanction proposed by World Rugby.

World Rugby deems that the Athlete's violation was intentional and determines that he shall receive a 1 year reduction for his timely admission of the anti-doping rule violation.

Therefore World Rugby decides on 14 July 2023 to impose a 3 year period of ineligibililty on the Athlete, starting on the date of the provisional suspension imposed by ODESUR, i.e. on 25 October 2023.

World Athletics 2022 WA vs Christopher Taylor

17 Nov 2023

In January 2023 the Athletics Integrity Unit (AIU), on behalf of World Athletics, reported an anti-doping rule violation against the Jamaican Athlete Christopher Taylor for his failure to submit to sample collection out-of-competition on 16 November 2022. 

Following notification and a Notice of Allegation in May 2023 the Athlete gave a timely admission, waived his right for a hearing, accepted a provisional suspension and the sanction proposed by the AIU.

Thereupon the Athlete the AIU and WADA entered into a Case Resolution Agreement for the imposition of a reduced sanction due to exceptional circumstances.

Therefore on 17 November 2023 the Athlete accepts a 30 month period of ineligibility, starting on the date of the violation, i.e. on 16 November 2022.

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.

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