Related case:
ST 2009_02 DFSNZ vs Aaron Neemia
June 12, 2009

Softball New Zealand (SNZ) has reported an anti-doping rule violation against the Respondent after he tested positive for the prohibited substance Cannabis.
Respondent filed a statement in his defence and waived his right to be heard before the Tribunal. Respondent admitted he had smoked Cannabis at a party the night before competition.
The Tribunal concludes that Respondent did not smoke Cannabis to enhance sport performance.
Therefore the Sports Disputes Tribunal of New Zealand decides to impose a warning and a reprimand on the Respondent.

The New Zealand Federation of Bodybuilders (NZFBB) has reported an anti-doping rule violation against the Respondent after her sample tested positive for the substance Cannabis.
After notification the Respondent was heard for the Tribunal. Respondent admitted she had smoked Cannabis while celebrating a cousin’s birthday a fortnight before competition.

The Tribunal accepts that Respondent had no intention to sport performance and the use was unrelated to the sport.
Therefore the Sports Disputes Tribunal of New Zealand decides to impose a warning and a reprimand on the Respondent. The Tribunal also decides to disqualify Respondent from the 2006 Senior 72 kg Female national event and that she forfeits all results, titles, medals and prizes won at the event.

Related cases:

• SDT 2005_07 Touch New Zealand vs William Morunga
  August 2, 2005
• ST 2023_04 DFSNZ vs William Morunga
  June 1, 2023
  
  

In April 2006 Touch New Zealand reported an anti-doping rule violation against the Athlete after his sample tested positive for the prohibited substance Cannabis.

This was the Athlete’s second anti-doping violation. On the first occasion, on 2 August 2005, a 2 month period of ineligibility, a severe warning and a strong warning were imposed on the Respondent.

After notification the Athlete filed a statement in his defence and was heard for the Tribunal. The Tribunal concludes that although the Athlete had not acted intentionally he had indeed committed a second anti-doping rule violation.

Therefore the Sports Disputes Tribunal of New Zealand decides on 4 July 2006 to impose a 2 year period of ineligibility on Athlete starting from the date of this decision.

Facts
The International Equestrian Federation (FEI) alleges Ali Nilforushan (the athlete) for a violation of the Anti-Doping Rules. Mr. Ali Nilforushan (the "Athlete") participated at the CSI2*- W, in Thermal CA, United States from 28 February to 3 March 2012 (the "Event"), in the discipline of Jumping. On 3 March 2012, the Athlete was selected for in-competition testing. His sample showed the presence of Phentermine, Hydrochlorothiazide and Carboxy-THC ("THC"), which are Prohibited Substances according to the 2012 Prohibited List of the World Anti-Doping Agency.

History
On 24 April 2012, the Athlete submitted a statement of the same
day by Dr. E. Michael Tachuk of Viva Wellness Medical Group, by which the latter confirmed having prescribed Phentermine 37,5 mg and Hydrochlorthiazide to the Athlete "as part of a comprehensive weight loss program." He had never received any Anti-Doping education, he had no idea that the three Substances detected were Prohibited Substances. During the Preliminary Hearing on 27 April 2012, the Athlete waived his right to have the B-Sample analysis performed.

Considerations panel
Multiple substances may generally be considered as an aggravating circumstance, however in this case there is no basis to increase sanctions due to the fact that the Athlete admitted the anti-doping rule violation promptly.

Decision
As a consequence of the foregoing, the Tribunal decides to impose the following sanctions on the Athlete:
1) The Athlete shall be suspended for a period of 12 months to be effective immediately and without further notice from the date of the notification. The Period of Ineligibility is deemed to have started on the date of Sample collection on 3 March 2012. Therefore, the Athlete shall be ineligible through 2 March 2013.
2) The Athlete is fined CHF 1000,-.

Costs
The Athlete shall contribute CHF 2000,- towards the legal costs of the judicial procedure.

No Athlete who has been declared Ineligible may, during the period of Ineligibility, participate in any capacity in a Competition or activity (other than authorized anti-doping education or rehabilitation programs) that is authorized or organized by the FEI or any National Federation or be present at an Event (other than as a spectator) that is authorized or organized by the FEI or any National Federation, or participate in any capacity in Competitions authorized or organized by any international or national-level Event organization (Article 10.10.1 of the ADRHA). Under Article 10.10.2 of the ADRHA, specific consequences are foreseen for a violation of the period of Ineligibility.
According to Article 168.4 of the GRs, the present Decision is effective from the day of written notification to the persons and
bodies concerned.

Appeal
In accordance with Article 12 of the ADRHA, the Athlete and the FEI may appeal against this decision by lodging an appeal with the Court of Arbitration for Sport within 30 days of receipt hereof.

The New Zealand Federation of Body Builders (NZFBB) has reported an anti-doping rule violation against the Respondent after his sample tested positive for the prohibited substances Hydrochlorothiazide, Amiloride and Stanozolol.
After notification the Respondent failed to participate in de proceedings and raised no defence. Therefore the Sports Disputes Tribunal of New Zealand decides to impose a 2 year period of ineligibility on Respondent starting from the date of this decision.

The New Zealand Rugby League (NZRL) have reported an anti-doping rule violation against the Respondent after he tested positive for the prohibited substance Cannabis.
NZRL notified the Respondent and ordered a provisional suspension.
Respondent affirmed to the Tribunal that he had used Cannabis three weeks before the competition when he did not expect to be reselected for the season.
The Tribunal finds that he did not smoke Cannabis to enhance his sport performance. Aggravating circumstance was that Respondent had signed a declaration acknowledging that he was aware of NZRL ant-doping policy.
Therefore the Sports Disputes Tribunal of New Zealand decides to impose a 2 month period of ineligibility on Respondent starting from the date of this decision.

The New Zealand Power Lifting Federation (NZPF) has reported an anti-doping rule violation against the Respondent after he tested positive for the prohibited substance Ephedrine. After notification by NZPF the Respondent filed a statement in his defence and was heard for the Tribunal.
Respondent stated he suffers from asthma and to treat this he takes a range of prescribed medications. These medications include asthma inhaler for which he had been granted a therapeutic use exemption (TUE). Recently his doctor prescribed him Ephedrine tablets to help him breathing and help him complete cardio sessions. He took the tablets on the day of the competition.

The Tribunal concludes that Respondent had committed an anti-doping rule violation in accordance under the Rules of the International Power Lifting Federation Code. Therefore the Sports Disputes Tribunal of New Zealand decides to impose a 3 month period of ineligibility on Respondent starting from 22 May 2006. He is disqualified from the events he competed in during the championship.

Facts
International Equestrian Federation (FEI) charges Aleksandr Kovshov (the athlete) for a violation of the Anti-Doping Rules. The Athlete participated at the CDI-W in Zhashkiv, UKR (the "Event") from 24 to 26 February 2012, in the discipline of Dressage. On 25 February 2012, the Athlete was selected for in-competition testing. The analysis of the sample revealed the presence of ll-nor-delta-9-tetrahydrocannabinol-9-carboxylicacid (Carboxy-THC), which is a Prohibited Substance according to the WADA Prohibited List in force at the time of the Sample collection. Carboxy-THC is a metabolite of THC, which is listed in Class S8 "Cannabiniods" of Prohibited substances, It is prohibited in-competition and considered a "Specified Substance" under the WADA Prohibited List. The athlete waved is right for a B sample analyis.

History
The Athlete provided his response to the charges. The Athlete submitted that on the eve of the competition he had attended a billiard club with friends. That they had ordered a hookah
containing a fruit mixture, and that his friends had persuaded him to try it, He further submitted that he was not aware that the hookah contained any Prohibited Substances and was therefore relaxed when informed at the Event that he had been selected for doping control. That he was surprised at the subsequent positive test result. That he had no intention to enhance his sporting performance, that the case at hand was his first violation in his career, and that he regretted the incident.

Submission tribunal
The athlete didn't established how the Carboxy-THC had entered his body. In this context the FEI argued that the Athlete had been highly negligent to smoke the hookah as he could not possibly have known what he ingested by smoking the fruit mixture, and that apparently he did not question the content of the hookah, in order to assure that it did not contain any Prohibited Substances.

Decision
1. The Athlete shall be suspended for a period of two (2) years to be effective immediately and without further notification. Therefore the Athlete shall be ineligible through 26 November 2014,
2. The Athlete is fined CHF 1,000.-.
3. No Athlete who has been declared Ineligible may, during the Period of Ineligibility, participate in any capacity in a Competition or activity (other than authorised anti-doping education or rehabilitation programs) that is authorised or organised by the FEI or any National Federation or be present at an Event (other than as a spectator) that is authorised or organised by the FEI or any National Federation, or participate in any capacity in Competitions authorised or organised by any international or national-level Event organisation (Article 10.10.1 of the ADRHA). Under Article 10.10.2 of the ADRHA, specific consequences are foreseen for a violation of the Period of Ineligibility.

Costs
The Athlete shall contribute CHF 500,- towards the legal costs of the
legal procedure.

Softball New Zealand (SNZ) has reported an anti-doping rule violation against the Respondent after he tested positive for the prohibited substance Cannabis.
After notification by SNZ the Respondent filed a statement in his defence and was heard for the Tribunal.
The Respondent admitted he had smoked Cannabis at a party a week before the tournament. Respondent had no intention to enhance his sport performance, apologised and requested that he be allowed to continue play softball.

The Tribunal concludes that the Respondent did not smoke cannabis for performance-enhancing purposes and the use of Cannabis was unrelated to the sport. Therefore the Sports Disputes Tribunal of New Zealand decides to impose a warning and a reprimand on the Respondent.

The New Zealand Federation of Bodybuilders (NZFBB) has reported an anti-doping rule violation against the Respondent after her sample tested positive for the prohibited substance Clenbuterol.

Respondent admitted the anti-doping violation, did not want to participate in the hearing and acknowledged that the Tribunal may impose a penalty on her without holding a hearing of the parties.
The Tribunal notes that Respondent admitted the violation but provided no further information to warrant any lesser penalty than the two year suspension set out in the WADA Code.
Therefore the Sports Disputes Tribunal of New Zealand decides to impose a 2 year period of ineligibility on the Respondent starting from the date of the decision.