Related case:

NST-E22-124881 Michael Randall vs AFL & SIA
November 14, 2022

On 14 November 2022 the National Sports Tribunal decided to impose a 2 year period of ineligibility on the Athlete after he tested positive for the prohibited substance Phentermine.

In first instance the Panel accepted that the violation was not intentional. The Panel also concluded that the Athlete had not demonstrated that he had acted with No Significant Fault or Negligence.

Hereafter the Athlete appealed the NST decision with the Appeals Division of the National Sports Tribunal. He requested the Appeal Panel to set aside the Appealed Decision and to impose a further reduced sanction.

The Athlete had provided a prompt admission whereas his violation was not intentional and he acted with No Significant Fault or Negligence. He use of the substance occurred out-of-competition and was unrelated to sport.

The Athlete has a long history of mental and physical health problems and used daily medication. Because of the long shifts he worked, up to 60 hours per week, he had occasions that he had fallen asleep while driving.

To stay awake he had accepted Duromine tablets from his sister while he was unaware that it contained the substance Phenermine. He acknowledged that he had not checked this product before using.

The AFL accepted that the Athlete's mental health did play a role in his decision-making at the relevant time and that there was a sufficient degree of impairment to enliven the discretion to reduce the period of ineligibility. The AFL was supportive of a reduction in the period based on a normal degree of fault to 18 months.

SIA accepted that if a causal link between the mental health condition and the decision not to make enquiries as to the nature of the substance was established, then, in the circumstances of this case, a finding of No Significant Fault or Negligence could be made. SIA fairly conceded that it was open to the Panel on the evidence to find such a causal link.

The Panel determines that the fresh new medical evidence demonstrates that the Athlete's cognitive functioning was impaired in that his ability to think rationally and exercise judgement was compromised. In view of all the circumstances the Panel concludes that the Athlete acted with No Significant Fault or Negligence that justifies a more reduced sanction.

Therefore the Appeal Panel of the National Sports Tribunal decides on 12 March 2023 to impose a 20 month period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 2 September 2022.

Related case:

NST-E22-334478 Michael Randall vs AFL & SIA - Appeal
March 13, 2023

In September 2022 Sport Integrity Australia (SIA) reported an anti-doping rule violation against the football player Michael Randall after his A and B samples tested positive for the prohibited substance Phentermine.

Following notification the Athlete admitted the violation, waived his right for a hearing, accepted a provisional suspension and the sanction proposed by SIA. However in the Case Resolution agreement the World Anti-Doping Agency (WADA) did not approve the proposed sanction of 18 months and thereupon the case was referred to the National Sports Tribunal.

Prior the Athlete had alreay admitted the violation and requested for a reduced sanction. He denied the intentional use of the substance and argued that he acted with a low degree of fault considering his personal situation in this case.

The Athlete has a long history of mental and physical health problems and used daily medication. His also worked long hours, his job is physically demanding and dangerous, and he had to travel long distances.

To stay awake the Athlete accepted Duromine tablets from his sister while he was unaware that it contained the substance Phenermine. He acknowledged that he had not checked this product before using.

SIA accepted that the Athlete's violation was not intentional and requested the Panel to impose a 2 year period of ineligibilty on the Athlete. In view of the circumstances the AFL also accepted that the violation was not intentional and deemed that there were sufficient grounds for a further reduced sanction.

Following assessment of the evidence and the Athlete's situation in this case a majority of the Panel concludes that the Athlete has not demonstrated that he had acted with No Significant Fault or Negligence that justifies a reduced sanction of 18 months.

Therefore the National Sports Tribunal decides on 14 November 2022 by majority to impose a 2 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 2 September 2022.

The Australian Sports Anti-Doping Authority (ASADA) - now: Sport Integrity Australia (SIA) - filed several charges against the powerlifting Parathlete Cristine Ashcroft for multiple anti-doping rule violations:

• Presence of the prohibited substances Androsterone, 5α-androstane-3α,17β-diol, Etiocholanolone and Testosterone in October 2017 and in February 2018.
• Use of the prohibited substance Testosterone in February 2018.
• Possession of Testosterone between August 2017 and December 2017.
• Use and attempted use of Growth Hormone between September 2016 and September 2017.
• Possession of Growth Hormone between September 2016 and September 2017.

Following notification in March 2018 a provisional suspension was ordered. As a result of ASADA's investigations the Athlete was interviewed multiple times. Thereupon the Athlete did not accept the sanction proposed by ASADA and in July 2020 the case was referred to the National Sports Tribunal.

The Athlete admitted the violations and denied the intentional use of the substances. She requested for a reduced sanction on the basis that she acted with no significant fault or negligence.

Since 2010 the Athlete suffered from severe injuries and other serious healt problems and already received multiple medical treatments. She explained with medical documents that all these substances and treatments were prescribed by her doctors.

Previously the Athlete's TUE applications for the use of Oxycodone and Tibolone in August 2017 were granted by the Australian Sports Drug Medical Advisory Committee. However the TUE applications in 2017 for the prescribed use of Growth Hormone and Testosterone were refused including the retroactive TUE applications for these substances.

The Athlete acknowledged that she had purchased, possessed and administered the substances Testosterone and Growth Hormone without a TUE. Her doctors confirmed that they had prescribed these substances for legitimate medical treatments.

SIA contended that the Athlete failed to demonstrate that her violations were not intentional and that she acted with a low degree of fault:

• She only gave incomplete and misleading admissions of her violations as a result of the ongoning investigations.
• As an experienced Parathlete she had received anti-doping education.
• Because of her TUE applications she was well aware that the prescribed substances she had used were prohibited.
• There was no medical justification for the use of prescribed Testosterone and Growth Hormone.

In view of the evidence the Panel concludes that the Athlete was engaged in conduct in each instance of the 6 asserted ADRVs. She knew constituted an ADRV or knew that there was a significant risk that the conduct might constitute or result in an ADRV and manifestly disregarded that risk.

In this matter the Panel considers that:

• The Parathlete is a experienced inteligent powerlifter familiar with TUE applications.
• Evidence shows that she was well aware that the prescribed substances were prohibited.
• Her doctors expressed their doubts about prescribing Testosterone as valid treatment for a parathlete.
• She did not give a prompt admission, yet only partial admissions following SIA's investigations and the surfaced evidence.

Therefore the National Sports Tribunal Panel decides on 3 December 2020 to impose a 4 year period of ineligibility on the Parathlete, starting on the date of the provisional suspension, i.e. on 21 March 2018.

In September 2022 Drug Free Sport New Zealand (DFSNZ) has reported an anti-doping rule violation against the Athlete Zane Robertson after his A and B samples tested positive for the prohibited substance Erythropoietin (EPO). Following notification a provisional suspension was ordered.

The Athlete accepted the test results and asserted that prior at a medical facility in Kenya by mistake he had received an EPO injection instead of the intended Covid-19 vaccination. In support he produced medical information and the testimonies from two Kenyan doctors.

For DFSNZ the Anti-Doping Agency of Kenya (ADAK) conducted an investigation into the Athlete's evidence. The medical facility in question in Kenya confirmed to ADAK that the Athlete had not received any EPO injection, neither had he attended the medcial facility at the material time.

Furthermore ADAK established that the medical documents produced by the Athlete were falsifications. The statements from the alleged Kenyan doctors were false testimones made by a laboratory technician and a person from outside the medical facility.

As a result of ADAK's investigations the Athlete admitted that he deliberately had tampered with any part of of the doping control process. Hereafter the Athlete and DFSNZ reached an agreement and filed a joint memorandum of counsel as to sanction for approval into a decision of the Sports Tribunal of New Zealand.

The Tribunal determines that the Athlete had committed an anti-doping rule violation for the presence of EPO. Additionally the Athlete had tampered with the doping control process as second anti-doping rule violation.

Therefore the Sports Tribunal of New Zealand decides on 20 March 2023 to impose an 8 year period of ineligibility on the Athlete starting on the date of the provisional suspension, i.e. on 20 September 2022.

In September 2022 United Kingdom Anti-Doping (UKAD) has reported an anti-doping rule violation against the rugby player Robert Oakley after his sample tested positive for the prohibited substances Enobosarm (Ostarine), GW1516, LGD-4033 (Ligandrol) and RAD140.

Following notification the Athlete gave a prompt admission, waived his right for a hearing, accepted a provisional suspension and the sanction proposed by UKAD. He stated that he had used Ostarine tablets he had purchased on the internet.

He explained that the Ostarine was used to recover from his injury and that he was unaware that Ostarine was a prohibited substance. He assumed that the other substances must have been contained in the Ostarine tablets he had used.

UKAD deemed that the violation was intentional and considers that the Athlete shall receive a 1 year reduction to the period of ineligibility for his timely admission of the anti-doping rule violation.

Therefore on 13 February 2023 UKAD decides to impose a 3 year period of ineligibility on the Athlete, starting backdated on the date of the provisional suspension, i.e. on 6 September 2022.

In August 2022 United Kingdom Anti-Doping (UKAD) has reported an anti-doping rule violation against the rugby player Russell Spiers after his sample tested positive for the prohibited substance Boldenone.

Following notification the Athlete gave a prompt admission, waived his right for a hearing, accepted a provisional suspension and the sanction proposed by UKAD. He stated that he had used the substance to recover from his injury.

UKAD deemed that the violation was intentional and considers that the Athlete shall receive a 1 year reduction for his timely admission of the anti-doping rule violation.

Therefore on 9 February 2023 UKAD decides to impose a 3 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 26 August 2022.

In December 2022 the United States Anti-Doping Agency (USADA) reported an anti-doping rule violation against the table tennis player Kanak Jha for this 3 whereabouts filing failures and 3 missed tests within a 12 month period. The Athlete missed 3 tests on 18 March 2022, 2 June 2022 and on 4 September 2022. 

Following 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.

USADA contended that on 4 September 2022 the Doping Control Officer (DCO) was unsuccesful in locating the Athlete at his listed address in Germany, nor was his phone call to the Athlete. Thereupon he could not locate the Athlete at his training centrum, neither at his new listed address.

The Athlete did not dispute the missed tests on 18 March and 2 June 2022 wheras he challenged the missed test on 4 September 2022. He argued that the DCO on 4 September 2022 did not do what was reasonable in the circumstances to locate him for testing.

The Athlete acknowledged that on 4 Septermber 2022 he had listed his old address for his 60-minute window, yet he denied that he had received a phone call from the DCO. He demonstrated that the DCO was unable to contact him by using a German phone because for his listed American phone number the DCO first had to dial the international country code.

The Arbitrator assessed the evidence in this case and concludes that:

• The DCO did what was reasonable in the circumstances at the listed address to locate and collect a sample from the Athlete.
• Under the ITA instructions the DCO was not required to make a phone call in order to locate the Athlete.
• USADA has established that the Athlete has committed an anti-doping rule violation by missing 3 tests within a 12 month period.
• The Athlete acted with a light degree of fault.

Therefore the AAA Tribunal decides on 15 March 2023 to impose a 12 month period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 1 December 2022.

Russia Taskforce Report to Council Meeting of 23 March 2023 / Rune Andersen. - Monaco : World Athletics, 2023

The World Atletics Council approved the Russia Taskforce’s recommendation that RusAF, which has been suspended for seven years due to doping, be reinstated after meeting all the requirements of the Reinstatement plan, which has been confirmed by an independent audit.

However RusAF will be required to comply with a set of 35 'Special Conditions' that are intended to ensure that RusAf’s anti-doping reforms remain in place and continue to operate effectively.

These Special Conditions are designed to enable the Athletics Integrity Unit to monitor, evaluate, communicate, mentor, oversee, and assist RusAF and its external stakeholders to ensure they maintain good governance practices and to protect RusAF from external pressures and attempts to influence or control its functioning.

They focus on four areas: organisational good governance, protection from inappropriate external influence and control, operational capability and capacity (with a particular emphasis on ethical and anti-doping requirements, and change in the regions), and budget allocation and fiscal management.

These Special Conditions are intended be applied for a period of three years, with a review at the end of that period to determine whether or not it is necessary to maintain those conditions (as they are or with variations) for a further period.

Totalling 35 separate monitoring and evaluation measures, the special conditions cover: organisational governance, presidium leadership oversight, anti-doping, cultural change in the regions, engagement with extTaskforce Report to the Councilernal stakeholders, ethics, anti-corruption and anti-conflicts of interest, fiscal management.

Further, the Athletics Integrity Unit, has determined that RusAF should be categorised as a Category ‘A’ member federation after its reinstatement.

That means that RusAF will have to comply not only with the general obligations applicable to all member federations that are set out in WA ADR 15.4 but also with the special obligations applicable to Category ‘A’ member federations that are set out in WA ADR 15.5. These federations are subject to greater scrutiny and more testing requirements.

The Taskforce confirmed that RusAF has paid all of the costs of the reinstatement process until the end of 2022. World Athletics will invoice RusAF in early April for the costs incurred by World Athletics in January-March, and the prompt payment of that invoice will be one of the Special Conditions.

RusAF must also pay all of the costs incurred by the AIU in overseeing RusAF’s compliance with the Category A requirements and the Special Conditions over the next three years, as well as any World Athletics costs in connection with this oversight.

As a consequence of these decisions, the Authorised Neutral Athlete (ANA) programme will be discontinued, and the Doping Review Board, which rules on ANA applications, will be stood down.

The Russia Taskforce, having completed its work, will be disbanded and the two international experts who have advised it will be stood down.

In September 2022 the United States Anti-Doping Agency (USADA) has reported an anti-doping rule violation against the weightlifter Robert Scavilla (62) after his A and B samples - provided in Puerto Rico - tested positive for the prohibited substance Dehydrochlormethyltestosterone (DHCMT).

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 accepted the test results, denied the intentional use of the substance and requested for a reduced sanction. He could not explain how the substance had entered his system whereas as a clean weightlifter he carefully had checked and researched the labels of the products he used.

Analysis of a supplement in question in a Laboratory revealed no prohibited substances. Other supplements and medications he had used were not analysed in a laboratory in order to establish contaminants.

The Athlete asserted with his expert witness that the long term M3 metabolite of the DHCMT must have entered his system before June 2016 when he joined USA Weightlifting (USAW) and he became subject to the Code.

USADA contended that the Athlete was a subject to the Code when he used the DHCMT whereas his use did not take place before 2016. USADA and its expert witnesses deemed that the Athlete only has offered theories of what could have been the source of the DHCMT.

Following assessment of the evidence the Sole Arbitrator determines that the Athlete was a member of USAW and subject to the Code when he ingested DHCMT. He also finds that USADA has demonstrated that the DHCMT M3 detected in the Athlete's sample was ingested after June 2016.

The Sole Arbitrator deems that the Athlete failed to demonstrate the possible source of the DHCMT with corroborating evidence. As a result the Athlete failed to establish on a balance of probabilty that the violation was not intentional.

Therefore the AAA Tribunal decides on 10 March 2023 to impose a 4 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 7 September 2022.

In January 2022 the International Tennis Federation (ITF) has reported an anti-doping rule violation against the Russian tennis player Angelina Zhuravleva after her sample tested positive for the prohibited substance Arimistane.

Following notification the Athlete accepted a provisional suspension. She opened an investigation into the source and filed a statement in her defence. The Athlete denied the intentional use of the substance and claimed that the supplement she had used was the possible source of the substance.

With corroborating evidence the Athlete demonstrated the purchase of this supplement and on how she had checked this product for prohibited substances. However shipping to and analysis of this supplement in the Montreal Laboratory was not possible because FedEx and DHL had ceased their activities in Russia.

Only after months, with assistance of RUSADA, this supplement was analysed in the Moscow Laboratory. Finally in January 2023 the Moscow Laboratory confirmed the presence of Arimistane contaminants in this supplement.

In view of the evidence and the test results of the Moscow Laboratory ITF accepts that a contaminated supplement was the source of the prohibited substance Arimistane. The ITF deems that the Athlete's violation was not intentional and that she bears No Significant Fault or Negligence.

Thereupon in February 2023 the Athlete formally admitted the violation, waived her right for a hearing and accepted the sanction proposed by ITF.

Therefore the ITF decides on 13 March 2023 to impose a 1 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 28 January 2022.