AFLD 2007 FFE vs Respondent M05

11 Jan 2007

Facts
The French Fencing Federation (Fédération Française d'Escrime, FFE) charges respondent M05 for a violation of the Anti-Doping Rules. During a Match on June 4, 206, a sample was taken for doping test purposes. The sample showed the presence of a metabolite of cannabis. Cannabis is a prohibited substance according the World Anti-Doping Agency (WADA) prohibited list, it is regarded as a specified substance.

History
The respondent had used cannabis in a social setting preceding the match, he was under the influence of alcohol when he used it. There was no intention to enhance sport performance.

Decision
1. The sanction is a period of ineligibility of one year in which respondent can't take part in competition or manifestation organized or authorized by the FFE as pronounced by the disciplinary committee of the FFE on October 11, 2006.
2. The present decision will start on the date of notification.
3. The decision will apply until the end of the execution of the sanction imposed on October 11, 2006, by the Disciplinary Committee of the FFE which started on the date of voluntary suspension since October 26, 2006, the date of referral of the Agency.
4. The decision will be sent to the parties involved.

MLB Arbitration Panel 2014-131 Alexander Rodriguez (A-Rod) vs MLB

11 Jan 2014

On 25 January 2013 the Major League Baseball (MLB) received copies of letters from the Miami News Times to various MLB Clubs advising that an article was being prepared asserting that a Player or Players on those teams were involved in the use op Performing Enhancing Substances (PES). On 29 January 2013 the newspaper published the story identifying Anthony Bosch and his Biogenesis practice as having supplied PES to several Major League Players. MLB Player Alex Rodriguez (A-Rod) was mentioned prominently as one of the PES users. The publication of this article captured national attention and set the stage for a public battle between MLB and Rodruquez over the veracity and consequences of those allegations.

On June 3, 2013, MLB and Antony Bosch entered into a mutual cooperation agreement. Bosch promised to proffer truthful information to MLB and testify if necessary regarding any Major League Player or individuals acting on their behalf regarding the acquisition, possession, or use by them of any PES. In exchange, MLB promised to dismiss Bosch and his brother from MLB's civil suit, to not seek testimony or discovery from Bosch family members, and to inform law enforcement agencies of his cooperation.

MLB convened an investigatory interview with Rodriguez on 12 July 2013. At that session, Rodriguez declined to answer any questions about his involvement, if any, with Bosch or Biogenesis on Fifth Amendment grounds. There were no positive tests conducted under the JDA for Rodriguez during the period of October 2010 and August 2013.

Based on the evidence and statements the MLB reported on 5 August 2013 several anti-doping rule violations against the Player Alex Rodriques for the attempted cover-up, possession and use of the prohibited substances: testosterone, human growth hormone (hGH) and IGF-1 (Insulin-like Growth Factor-1). Therefore the MLB suspended the Player for 211 regular-season games, starting on 8 August 2013.
The MLB suspended a total of 13 Mayor League Players in 2013 for violations of the JDA in connection with the Biogenesis baseball scandal. The Player Alex Rodriques appealed the MLB suspension of 5 August 2011 with the MLB Arbitration Panel. He filed documents, arguments and statements in his defence and was heard for the Panel.

Before the Panel, MLB contends that Rodriguez was disciplined for just cause. MLB maintains Rodriguez committed multiple violations of the JDA over the course of three seasons by the continuous use and possession of a variety of PES. MLB asserts the multiple efforts by Rodriguez to obstruct MLB's investigation of his violations of the JDA violated the Basic Agreement. MLB argues adverse inferences be drawn from Rodriguez's failure to testify under oath in this proceeding or present other witnesses to refute the evidence of his misconduct. MLB contends the penalty in this case is appropriate and justified in light of the scope and gravity of the misconduct by Rodriguez, and that the settlements reached with other Players involved in Biogenesis cannot be considered by agreement of the bargaining parties as previously ruled upon by this Panel. Accordingly, MLB urges the grievance be denied.

The Player Alex Rodriguez contends MLB has failed to meet its burden of proving the alleged misconduct by clear and convincing evidence. Rodriguez argues MLB did not show he possessed and used PES and that the testimony by Bosch, his evidence, and digital evidence are inherently unreliable, must be stricken, and can be afforded no weight. Rodriguez contends that science establish he did not use PES. Rodriguez also asserts MLB failed to establish he obstructed MLB's investigation of Biogenesis and Bosch. Rodriguez further maintains that all of the evidence presented by MLB is irrevocably tainted by investigatory misconduct and coercion of witnesses, including Bosch. Finally, Rodriguez claims the suspension is wholly inappropriate when compared to those given other Players with alleged ties to Biogenesis and Bosch. Thus, Rodriguez asks the suspension not be upheld.

The MLB Arbitration Panel concluded, based on the entire record from the arbitration, that MLB has demonstrated with clear and convincing evidence there is just cause to suspend Rodriguez for the 2014 season and 2014 postseason for having violated the JDA by the use and/or possession of testosterone, IGF-1, and hGH over the course of three years, and for the two attempts to obstruct MLB's investigation, which violated Article XII(B) of the Basic Agreement. While this length of suspension may be unprecedented for a MLB Player, so is the misconduct he committed. The suspension imposed by MLB as modified herein is hereby sustained.
Due to Rodriguez was allowed to play during the appeal process, this effectively reduced the suspension from 211 to 162 games - the entirety of the 2014 regular-season schedule. He also shall lose 162 days of pay for the 2014 season.

On 11 January the Major League Baseball Arbitration Panel decided that the Player's grievance is sustained in part and denied in part. The Panel ruled that MLB has just cause to suspend Alexander Rodriguez for the 2014 season and 2014 postseason.

Hereafter the Player challenged the decision in federal court. However on 7 February 2014 Rodriguez announced that he was dropping his lawsuit and accepting his suspension for the 2014 season.

AFLD 2007 FFE vs Respondent M04

11 Jan 2007

Facts
The French Fencing Federation (Fédération Française d'Escrime, FFE) charges respondent M04 for a violation of the Anti-Doping Rules. During a Match on May 16, 2011, a sample was taken for doping test purposes. The sample showed the presence of finasteride it is a prohibited substance according the World Anti-Doping Agency (WADA) prohibited list.

History
The respondent used the medication to treat androgenetic alopecia, this medication contained the prohibited substance. He has a medical certificate from his physician to certify the medication.

Decision
1. The sanction (a warning) dated October 11, 2006, by the disciplinary committee of the FFE doesn't need to be modified.
2. The present decision will not be part of any publicity.
3. The decision will be sent to the parties involved.

AFLD 2007 FFTri vs Respondent M03

11 Jan 2007

Facts
The French Triathlon Federation (Fédération Française de Triathlon, FFTri) charges respondent M03 for a violation of the Anti-Doping Rules. During an athletics event on April 30, 2006, respondent didn't provide a sample for doping control purposes.

History
The respondent doesn't want to provide a sample in the doping control station because he is rejecting the room, also he is not willing to go to another area for handling the control.

Decision
1. The sanction a period of ineligibility of one year in which respondent can't take part in competition or manifestations organized or authorized by the FFTri including training sessions.
2. The present decision will start on the date of notification.
3. The decision will be published and sent to the parties involved.

AFLD 2007 FFTri vs Respondent M02

11 Jan 2007

Facts
The French Triathlon Federation (Fédération Française de Triathlon, FFTri) charges respondent M02 for a violation of the Anti-Doping Rules. During an athletics event on May 14, 2006, a sample was collected for doping control purposes. The analysis of the sample showed the presence of a metabolite of budesonide. Budesonide is a prohibited substance according the World Anti-Doping Agency (WADA) prohibited list.

History
The respondent had mentioned on the doping control form a drug
containing the substance found in his urine. Also he has sent the results of several medical tests which indicated asthma and various allergies were diagnosed on him. It appears from the examination of these parts that the treatment with glucocorticosteroids was necessary.

Decision
1. The sanction (acquittal) dated July 26, 2006, by the disciplinary committee of the FFTri doesn't need to be modified.
2. The present decision will start on the date of notification.
3. The decision will be published and sent to the parties involved.

AFLD 2007 FFJBT vs Respondent M01

11 Jan 2007

Facts
The French Federation of Tamborello (Fédération Française de Jeu de Balle au Tambourin, FFJBT) charges respondent M01 for a violation of the Anti-Doping rules. During a match on January 29, 2006, a sample was taken for doping test purposes. Analysis of the sample showed the presence of norfenfluramine a metabolite of benfluorex, amiloride and hydrochlorotiazide which are prohibited substance according the World Anti-Doping Agency (WADA) prohibited list.

History
The positive test was caused by a treatment by her physician, she hadn't informed him that she was at top level competition. She didn't provide any justification for using the medications with prohibited substances although she claims that the use wasn't for enhancing sport performance.

Decision
1. The sanction is a period of ineligibility of three months in which the respondent can't take part in competition or manifestations organized or authorized by the FFJBT.
2. The sanction starts on the date of the notification.
3. The decision will be published and sent to the parties involved.

AFLD 2008 FFC vs Respondent M74

18 Dec 2008

Facts
The French Cycling Federation (Fédération Française de Cyclisme, FFC) charges respondent M74 for a violation of the Anti-Doping Rules. During a cycling event on July 3 and 15, 2008, blood samples were taken for doping test purposes. The analysis of the samples showed the presence of a Erythropoietin (EPO) of the type Mircera which is a prohibited substance according the World Anti-Doping Agency (WADA) prohibited list.

History
The respondent challenges the competence of the AFLD because the Tour de France wasn't mentioned as an event on the calender of the FCC. Secondly he had already received a sanction from the Austrian Anti-Doping Agency (NADA) on November 24, 2008, which was as period of ineligibility of two years.

Decision
1. The sanction is period of ineligibility of two years in which the respondent can't take part in competition or manifestations organized or authorized by French sport federations.
2. The period of ineligibility will be reduced by the period already served after October 13, 2008.
3. All the results obtained at the Tour de France 2008 are cancelled. Medals, points and prizes are withdrawn by the FCC.
4. The decision starts on the date of notification.
5. The decision will be published and sent to the parties involved.

AFLD 2008 FFC vs Respondent M73

18 Dec 2008

Facts
The French Cycling Federation (Fédération Française de Cyclisme, FFC) charges respondent M73 for a violation of the Anti-Doping Rules. During a cycling event on July 4, 8, 13 and 15, 2008, samples were taken for doping test purposes. The analysis of the samples showed the presence of a Erythropoietin (EPO) of the type Mircera which is a prohibited substance according the World Anti-Doping Agency (WADA) prohibited list.

History
The legal representative of the respondent disputes the results because his client was already been sanctioned, on October 2, 2008, by the Italian Anti-Doping Authority. This leads to a situation of "Non bis in Idem" a person can't be convicted twice for the same offense. Respondent had already made an appeal before the Court of Arbitration for Sport (CAS_A_1698) against the decision of October 2, 2008, by the Italian National Olympic Committee (CONI). However the offense happened in France.

Decision
1. The sanction is period of ineligibility of two years in which the respondent can't take part in competition or manifestations organized or authorized by French sport federations.
2. The period of ineligibility will be reduced by the period already served after July 17, 2008.
3. All the results obtained at the Tour de France 2008 are cancelled. Medals, points and prizes are withdrawn by the FCC.
3. The decision starts on the date of notification.
4. The decision will be published and sent to the parties involved.

AFLD 2008 FFC vs Respondent M72

18 Dec 2008

Facts
The French Cycling Federation (Fédération Française de Cyclisme, FFC) charges respondent M72 for a violation of the Anti-Doping Rules. During a cycling event on July 8, 2008, a sample was taken for doping test purposes. The analysis of the sample showed the presence of a Erythropoietin (EPO) which is a prohibited substance according the World Anti-Doping Agency (WADA) prohibited list.

History
During the procedure the respondent didn't provide any information about how the prohibited substance had entered his body.

Decision
1. The sanction is period of ineligibility of two years in which the respondent can't take part in competition or manifestations organized or authorized by French sport federations.
2. All the results obtained at July 8, 2008, are cancelled. Medals, points and prizes are withdrawn.
3. The decision starts on the date of notification.
4. The decision will be published and sent to the parties involved.

AFLD 2008 FFBB vs Respondent M71

11 Dec 2008

Facts
The French Basketball Federation (Fédération Française de Basket-Ball, FFBB) charges respondent M71 or a violation of the Anti-Doping Rules. During a match on April 18, 2008, a sample was taken for doping test purposes. The analysis of the sample showed the presence a metabolite of cannabis. Cannabis is a prohibited substances according the World Anti-Doping Agency (WADA) prohibited list and regarded as specified substance.

History
The respondent didn't contest the doping test result, but throughout the procedure he didn't provide any information about how the prohibited substance had entered his body. The panel concludes that the sport he is practicing and his admittance that there was no intention to enhance sport performance.

Decision
1. The sanction is a period of ineligibility of one year, in which respondent can't take part in competition or manifestations organized or authorized by the FFBB.
2. The decision (a warning) dated July 25, 2008, of the disciplinary committee of the FFBB should be modified.
3. The decision starts on the date of notification.
4. The decision will be published and sent to the parties involved.

Category
  • Legal Source
  • Education
  • Science
  • Statistics
  • History
Country & language
  • Country
  • Language
Other filters
  • ADRV
  • Legal Terms
  • Sport/IFs
  • Other organisations
  • Laboratories
  • Analytical aspects
  • Doping classes
  • Substances
  • Medical terms
  • Various
  • Version
  • Document category
  • Document type
Publication period
Origin