NIF 2021-18 Appeal Decision - Bodybuilding

17 Jan 2022

On 20 February 2017 the International Federation of Bodybuilding & Fitness (IFBB) decided to impose a 4 year period of ineligibility on the Norwegian bodybuilder after he tested positive for the prohibited substances Drostanolone, Mesterolone and Stanozolol.

Because the Athlete had breached the period of ineligibility, an additional sanction of 1 year was imposed on him unitil 9 November 2021. Furthermore Anti-Doping Norway (ADNO) reported that the Athlete tested positive in December 2020 for the prohibited substance Testosterone.

Following notification the Athlete explained that he had used prescribed Testosterone because he suffered from a lack of endogenous production. However the substance was used without a TUE, his application for a TUE was rejected in October 2021 and thereupon appealed by the Athlete.

The Athlete also appealed the 2 month provisional suspensions that had been ordered and extended in 2021. These provisional suspensions were cancelled because the Athlete had already been sanctioned by the IFBB, serving the extended period of ineligibility.

After the IFBB sanction had expired on 9 November 2021 a new 2 month provisional suspension was imposed on 17 November 2021 and appealed by the Athlete on 30 November 2021.

The Athlete disputed the new provisional suspension that had been ordered and argued that there were sufficient grounds and medical information for the approval of a retroactive TUE. He acknowledged that prior he had failed to obtain a valid TUE for the use of the prescribed substance.

The NIF Judging Committee determines that ordering a new provisional suspension on 17 November 2021 was justified because the Athlete tested positive for a banned substance and the IFBB 5 year sanction had already expired on 9 November 2021.

Also the Judging Committee considers that this is likely the Athlete's second anti-doping rule violation. Moreover the proceedings against him for the positive test were not completed and his TUE appeal was still undecided.

Therefore the NIF Judging Committed decides on 17 January 2022 to dismiss the Athlete's appeal.

NIF 2023-8 Disciplinary Decision

8 Jun 2023

In December 2022 Anti-Doping Norway (ADNO) reported an anti-doping rule violation against the Athlete after his A and B samples tested positive for a S1.1 class prohibited substance.

After notification a provisional suspension was ordered and the Athlete filed a statement in his defence. Thereupon he failed to respond and the NIF Judging Committee rendered a decision based on the written submissions of the Parties.

The Athlete denied the intentional use of the substance and argued that he had been tested before without issues. He claimed that prior he had not received any anti-doping education. 

He stated that he had used supplements and vitamins and he provided a list of products to ADNO. He acknowledged that he had not checked his supplements before using.

Recently he had used the supplement Limitless PWO Dark. When he was interviewed by ADNO an internet researched showed that this product might contain a prohibited subtance. 

ADNO requested the Committee to impose a sanction of 4 years on the Athlete. It contended that the Athlete failed to demonstrate that the violation was not intentional, nor that his supplements were the source of the positive test.

ADNO asserted that the Athlete did not mention any of his supplements on the Doping Control Form. Also analysis and investigation into his supplements did not reveal prohibited substances.

The Committee finds that the presence of a prohibited substance had been established in the Athlete’s samples and accordingly that he committed an anti-doping rule violation. Furthermore the Committee deems that the Athlete failed to establish the source of the prohibited substance, neither that the violation was not intentional.

Therefore the NIF Judging Committee decides on 8 June 2023 to impose a 4 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. 16 December 2022.

NIF 2021-4 Appeal Decision

24 May 2021

For committing an anti-doping rule violation the Athlete was already sanctioned for 4 years until 4 November 2020. Because he had breached the imposed sanction an additional 1 year period of ineligibility was imposed until 8 November 2021.

Hereafter on 8 December 2020 the Athlete tested positive for the prohibited substance Testosterone. Because a suspension had been ordered, pending the completion of the proceedings and prosecution, he appealed this decision of suspension in March 2021.

The Athlete explained that he was diagnosed with hypogonadism in June 2009 and that he had received prescribed Nebido/Testoviron injections as treatment. He had no valid TUE, yet he intended to make a TUE application after his return to Norway in April 2021.

The NIF Judiciary Committee determines that under the Rules it is legitimate to impose a suspension of 2 months at the time when an Athlete tested positive for a prohibited substance. Furthermore the Athlete had not demonstrated that he acted without fault, nor that a contaminated product had caused the postive test.

Therefore the Judiciary Committee decides on 24 May 2021 to dismiss the Athlete's appeal.

NIF 2020-10 Disciplinary Decision - Basketball

25 Nov 2021

In September 2020 Anti-Doping Norway (ADNO) reported an anti-doping rule violation against the basketball player (40) after his sample tested positive for the prohibited substance Methylphenidate. After notification a provisional suspension was ordered.

The Athlete did not accept the provisional suspension, nor did he accept the sanction proposed by ADNO. He filed a statement in his defence and the NIF Judging Committee rendered a decision based on the written submissions of the Parties.

The Athlete denied the intentional use of the substance and could not explain how the substance had entered his system. He had used several supplements and vitamines and was not aware that one of these products probably contained a prohibited substance.

He also had purchased and used supplements and medication in Thailand with labels in Thai as treatment for his health problemens. He acknowledged that he may have been careless with the products he had used.

ADNO determines that the Athlete's violation was not intentional and requested the Panel for a sanction of 2 years. ADNO finds that he failed to demonstrate the source of the prohibited substance and had acted negligently with his supplements en medication.

The NIF Judging Committee 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 Judging Committee agrees that the Athlete's violation was not intentional, yet he clearly had acted negligently with the supplements en medication he had used. He also failed to demonstrate how the substance had entered his system.

Further the Committed determines that there had been delays in the proceedings not attributed to the Athlete. Finally the Committee considers that he had not accepted a provisional suspension.

Therefore the NIF Judging Committee decides on 25 November 2021 to impose a 2 year period of ineligibility on the Athlete, starting on the date of the notification, i.e. 15 September 2020.

AAA 2023 No. 012300029927 USADA vs Andre Luiz Novaes Porfirio

4 Jan 2024

In March 2023 the United States Anti-Doping Agency (USADA) reported multiple anti-doping rule violations against the Ju-Jitsu Athlete Andre Luiz Novaes Porfirio:

  • for the use of the prohibited substance Testosterone and evasion of sample collection on 11 December 2022; and
  • for his evasion of sample collection on 20 December 2022 and the presence of Testosterone in his A and B samples.

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

Initially the Athlete admitted the anti-doping rule violations. Yet, at the hearing he retracted his admissions and disputed all the charges reported against him.

Doping Control Officers (DCOs) reported that the Athlete was selected for sample collection on 11 December 2022. However at the event USADA's officials and sports personnel were unable to locate the Athlete.

Thereupon on 20 December 2022 the DCOs were unsuccesful in collecting a sample at 7:00 am. Ultimately the DCOs collected a sample at 2:00 pm after the Athlete was initially unresponsive.

During proceedings the Athlete at first stated that he had left the event early on 11 December because he to catch his flight back home. Later he admitted that he had purchased and used Testosterone.

The Athlete acknowledged that he was warned that he was selected to be tested by USADA at the event. Because he had used Tesosterone he left the event to avoid being tested.

The Sole Arbitrator finds that the presence of a prohibited substance Testosterone had been established in the Athlete's samples and accordingly that he had committed an anti-doping rule violation. He also had admitted the use of Testosterone.

In view of the testimonies of the USADA's officials the Sole Arbitrator determines that the Athlete evaded sample collection on 11 December 2022 and delayed sample collection on 20 December 2022. As a result he committed 2 anti-doping rule violations for evading doping control.

Therefore the AAA Arbitration Tribunal decides on 4 January 2024 to impose a 4 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 21 March 2023.

World Athletics 2023 WA vs Ayub Kiptum

19 Jan 2024

In December 2023 the Athletics Integrity Unit (AIU), on behalf of World Athletics, reported an anti-doping rule violation against the Kenyan Athlete Ayub Kiptum after his sample tested positive for the prohibited substance Testosterone.

Following notification the Athlete initially failed to respond to the AIU communication. Ultimately in January 2024 the Athlete timely admitted the violation, waived his right for a hearing and accepted the sanction proposed by the AIU.

The AIU deems that the Athlete failed to demonstrate that the violation was not intentional. Because he had signed and submitted the Admission of Anti-Doping Rule Violations and Acceptance of Consequences Form he received a 1 year reduction from the AIU.

Therefore the AIU decides on 19 January 2024 to impose a 3 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 22 December 2023.

World Athletics 2023 WA vs Hosea Kimeli Kisorio

18 Jan 2024

In December 2023 the Athletics Integrity Unit (AIU), on behalf of World Athletics, reported an anti-doping rule violation against the Kenyan Athlete Hosea Kimeli Kisorio after his sample tested positive for the prohibited substance Erythropoietin (EPO).

Following notification the Athlete initially failed to respond to the communications of the AIU. Ultimately in January 2024 the Athlete timely admitted the violation, waived his right for a hearing and accepted the sanction proposed by the AIU.

The AIU deems that the Athlete failed to demonstrate that the violation was not intentional. Because he had signed and submitted the Admission of Anti-Doping Rule Violations and Acceptance of Consequences Form he received a 1 year reduction from the AIU.

Therefore the AIU decides on 18 January 2024 to impose a 3 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 1 December 2023.

World Athletics 2023 WA vs John Tello Zuniga

13 Dec 2023

In August 2023 the Athletics Integrity Unit (AIU), on behalf of World Athletics, reported an anti-doping rule violation against the Colombian Athlete John Tello Zuniga after his A and B samples tested positive for the prohibited substance Erythropoietin (EPO).

Following notification the Athlete timely admitted the violation in November 2023, waived his right for a hearing and accepted the sanction proposed by the AIU.

The AIU deems that the Athlete failed to demonstrate that the violation was not intentional. Because he had signed and submitted the Admission of Anti-Doping Rule Violations and Acceptance of Consequences Form he received a 1 year reduction from the AIU.

Therefore the AIU decides on 13 December 2023 to impose a 3 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 25 August 2023.

UKAD 2023 UKAD vs Krzysztof Glowacki

13 Nov 2023

In April 2023 the United Kingdom Anti-Doping (UKAD) reported an anti-doping rule violation against the Polish boxer Krzysztof Glowacki after his sample tested positive for the prohibited substance Boldenone. Following notification a provisional suspension was ordered and the Athlete was heard for the National Anti-Doping Panel.

The Athlete denied the intentional use of the substance and stated that prior he had received medical treatment from a doctor in Warsaw for the serious injury to his hand. Yet the Athlete was hampered to provide timely sufficient evidence from a clinic accompanied by an official translation before he attended the hearing.

The Panel determines that the Athlete's medical treatment with (the banned substance) Betamethasone for his injury could not explain the presence of Boldenone in his system. Ultimately the Panel concludes that the Athlete failed to establish with corroborating evidence that the violation was not intentional and that there are no exceptional circumstances.

Therefore the Panel decides on 13 November 2023 to impose a 4 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 6 April 2023.

UKAD 2023 UKAD vs Tobias Richardson

13 Nov 2023

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

Following notification the Athlete admitted the violation, waived his right for a hearing, accepted a provisional suspension and the sanction proposed by UKAD.

The Athlete acknowledged that on a Friday with friends he recreationally had used Cocaine out-of-competition and thereupon on Sunday had a match and sample collection. Besides consuming pints of beer on Friday night he had used a total of one gram of Cocaine.

UKAD accepts that the Athlete had used Cocaine out-of-competition in a context unrelated to sport performance that permits the imposition of a reduced sanction.

Therefore UKAD decides on 13 November 2023 to impose a 3 month period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 17 August 2023.

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