SDRCC 2012 CCES vs Rachelle Fleurant

17 Jan 2013

Facts
The Canadian Centre for Ethics in Sport (CCES) alleges Rachelle Fleurant (the athlete) for a has violation of the Cananian Anti-Doping Pgogram (CADP) an anti-doping rule violation. The urine sample of the athlete, collected during in-competition doping control on October 20, 2012, revealed the presence of Clenbuterol and Oxandrolone, both prohibited anabolic agents, as well as hydrochlorothiazide, a prohibited diuretic.

History
Fleurant, in response to the CCES’s notification of the adverse analytical finding, acknowledged the anti-doping rule violation and a hearing was held to determine the sanction length.

Decision
Arbitrator McLaren imposed a sanction of two years ineligibility from sport, terminating October 20, 2014. The athlete is ineligible to participate in any capacity with any sport signatory to the Canadian Anti-Doping Program, including training with teammates.

SDRCC 2012 CCES vs Derek Plug

9 Jan 2013

Related cases:
SDRCC 2018 Derek Plug vs CCES - Appeal
November 6, 2018
SDRCC 2018 CCES vs Derek Plug
August 2, 2019
SDRCC 2020 Derek Plug vs CCES - Appeal
March 31, 2020

Facts
Canadian Centre for Ethics in Sport (CCES) alleges Derek Plug (the athlete) for a violation of the Canadian Anti-Doping Program (CADP). On 17 September 2012, in Calgary, the Athlete provided a Sample as part of out of competition testing. The Sample returned an Adverse Analytical Finding for SARM S-22 (ostarine), which is classified as a Prohibited Substance (S-1 Anabolic Agent) on the 2012 WADA Prohibited List.

History
The athlete used a large range of supplements. Without his knowing one of his supplements was contaminated by an old friend, who added osterine to his vitamin D3 drops. This was testified at the hearing.

Decision
1. The Athlete has voluntarily admitted to an anti-doping rule violation in connection with the presence in a bodily Sample provided by him of SARM-S22, an anabolic agent, which is a Prohibited Substance according to The 2012 Prohibited List forming part of the World Anti-Doping Code.
2. The presumptive sanction for a first anti-doping rule violation for the Presence of a Prohibited Substance or its Metabolites or markers in an Athlete’s bodily Sample is a period of Ineligibility of two (2) years.
3. The Athlete has not met the burden of establishing exceptional circumstances pursuant to Rule 7.44 or 7.45 of the Canadian Anti-Doping Program (2009) (or otherwise) which could warrant elimination or reduction of the period of Ineligibility.
4. Accordingly, the Athlete shall be subject to a period of Ineligibility of two years commencing 11 October 2012 (the date upon which he accepted a provisional suspension).

SDT 2005_10 New Zealand Federation of Body Builders vs Barbora Jurcanova

6 Dec 2005

The New Zealand Sports Drug Agency (NZSD) and the New Zealand Federation of Bodybuilders (NZFBB) have reported an anti-doping rule violation against the Respondent after her sample tested positive for the prohibited substance Clenbuterol.
After notification by the NZFBB the Respondent filed a statement in her defence and was heard for the Tribunal.

The Respondent was born and raised in the Czech Republic but has lived in New Zealand since 1999. At the end of 2004 she visited family in the Czech Republic and caught the flu. She used medicines belonging to her mother to treat this and one of these was Spiropent. Spiropent is a trade name for prohibited substance Clenbuterol. Respondent brought the Spiropent tablets back to New Zealand and used these again to treat flu like symptoms she developed three to four days before the competition.

Although she may not have received information about drugs before she competed in the Championships, she admitted she was aware of the need to avoid drugs and of the need for sport to be drug free. She took medication a few days before the Championship without checking what she was taking and the likely effect on her. The Respondent took no steps to ensure that the Spiropent was not a prohibited substance. Her inaction amounted to significant fault.

The Sports Disputes Tribunal of New Zealand decides to impose a 2 year period of ineligibility on the Respondent starting on 22 May 2005. In addition her competition results are disqualified.

SDT 2004_09 New Zealand Rugby League vs Lawrence Erihe

4 Apr 2005

The New Zealand Sports Drug Agency (NZSD) and the New Zealand Rugby League (NZRL) have reported an anti-doping rule violation against the Respondent after his sample tested positive for the prohibited substance Ephedrine.
The NZRL notified the Respondent and ordered a provisional suspension. The Athlete filed a statement in his defence and was heard for the Tribunal.
The Respondent did contest the positive test result, but denied any knowing use of a substance containing Ephedrine, and said he had no intention to enhance his sport performance. The Respondent used prescribed medications and supplements but was not able to point to the source of the Ephedrine. Therefore the Tribunal could not determine whether the use of Ephedrine was not intended to enhance sport performance.

The Sports Disputes Tribunal of New Zealand decides to impose a 2 year period of ineligibility on the Respondent starting on de date of his provisional suspension.

SDRCC 2012 CCES vs Vasillie Pavlopoulos

16 Oct 2012

Facts
The Canadian Centre for Ethics in Sport (CCES) alleges Vasillie Pavlopoulos (the athlete) of the Canadian Anti-Doping Program (CADP). On January 9, 2012, CCES conducted out-of-competition doping control in Vancouver, British Columbia. A sample collection took place which included the athlete. His sample tested positive on Stanozolol which is a prohibited substance.

History
The athlete admits the doping violations but claims exceptional circumstances. The prohibited substance was found in one of the supplements he used named 1MR.

Decision
1. The evidence, together with the admissions and stated positions of the parties, establish that an anti-doping violation occurred involving the presence of stanozolol in the Athlete’s collected sample. Stanozolol is a prohibited substance according to the Prohibited List Rules of the CADP.
2. The evidence, together with the admissions and stated positions of the parties establish there was fault or negligence by the Athlete in ingesting this prohibited substance. I find on a balance of probabilities that the source of the prohibited substance was stanozolol and the way it entered the Athlete’s system was a 1MR (One More Rep) supplement product provided by the Athlete for testing by Maxxam Analytics in May 2012.
3. The issue before me is whether the two-year provisional suspension pursuant to Rule 7.38 should be reduced, having regard to the totality of the evidence and the conduct of the Athlete. More specifically, and in accordance with Rule 7.45, the question is whether the athlete bears “no significant fault or negligence” and if so, what is the appropriate reduction, if any, to the two-year period of ineligibility of the athlete from
competition.
4. In the particular circumstances of this case, after a careful review of the evidence, I have determined:
a. I am compelled to find that the evidence establish that the Athlete’s conduct cannot be characterized as insignificant fault or negligence.
b. Accordingly, I find there is no proper basis to reduce the mandated two-year period of ineligibility. I further find that the period of ineligibility shall commence as of January 9, 2012, in accordance with Rule 7.13 and the agreement of the parties concerning the prompt admission of the Athlete of the rule violation. In the result, for the reasons expressed above, I hereby confirm the above decision summary.

SDT 2004_11 New Zealand Olympic Wrestling Union vs Timothy John Stewart

21 Oct 2004

The New Zealand Olympic Wrestling Union (WNZ) has reported an anti-doping rule violation against the Respondent after his sample tested positive for the prohibited substance Cannabis.
After notification by WNZ the Respondent filed a statement in his defence and was heard for the Tribunal.
Respondent stated he had smoked cannabis in a period he had become depressed as a result of the break-up of his relationship. Hereafter he went back to work and to training for the upcoming competition. Respondent accepted the positive test result and expressed his regrets with the embarrassment he has caused to his sport.

Considering the Respondent had no intention to enhance sport performance the Sports Disputes Tribunal of New Zealand decides to impose a reprimand on the Respondent and fines him 250 NZD. The Tribunal orders Respondent to pay costs of 250 NZD to Wrestling New Zealand.

SDRCC 2005 CCES vs Steve Molnar

13 Dec 2006

Facts
The Canadian Centre for Ethics in Sport (CCES) charges Steve Molnar (the athlete) for a violation of the Canadian Anti-Doping Program (CADP). An earlier violation happen in August 1988, for the presence of stanozolol in his sample he had received a period of ineligibility of four years. The second violation occurred during an in-competition doping control conducted at the 2005 Canadian National Championships in Calgary, Alberta on October 21, 2005. His urine sample returned an adverse analytical finding for cannabis, methandienone and oxymetholone, all prohibited substances on the World Anti-Doping Agency (WADA) Prohibited List.

Decision
Pursuant to Rules 7.20 and 7.9, Steve Molnar's penalty is lifetime
ineligibility, effective immediately.

SDT 2004_10 New Zealand Federation of Body Builders vs Annette Sloog

13 Dec 2004

The New Zealand Sports Drug Agency (NZSD) and the New Zealand Federation of Body Builders (NZFBB) have reported an anti-doping rule violation against the Respondent after her sample tested positive for the prohibited substance Furosemide.

After notification by the NZFBB the Respondent filed a statement in her defence and was heard for the Sports Disputes Tribunal of New Zealand.
The athlete explained to the Tribunal that she was not aware that the diuretic was on the list and she had not used it for any enhancement purposes but rather to manage a fluid retention problem from which she was suffering prior to the championships. She had apologised to the sport and its administrators and she accepted her transgression. She made an early decision not to compete in the National Championships nor in any other event pending the outcome of the Tribunal’s deliberations.

The Sports Disputes Tribunal of New Zealand finds that the Respondent had committed an anti-doping rule violation in relation to the presence of the substance Furosemide in her sample.
The Tribunal decides to impose a 2 year period of ineligibility on the Respondent starting from 10 july 2004. Medals or trophies collected by the Respondent during the competition on 10 July 2004 shall be returned immediately to the NZFBB. The Respondent is prohibited from competing or officiating at any NZFBB or IFBB events during the period of the ineligibility.

UKAD 2013 UKAD vs Jami Mirwaise

5 Aug 2013

Facts
The UK Anti-Doping Limited charged Jami Mirwaise (the Athlete) for a violation of the Anti-Doping Rules. On 16 June 2013, he competed in the 96 kilogram Greco-Roman category at the BWA British Senior Championships (the “Event”). Following the competition, he provided an In-Competition sample for doping control purposes, pursuant to the Anti-Doping Rules (the “Sample”). The Laboratory reported that an Adverse Analytical Finding in respect of oxandrolone had been made in respect of the Sample. The athlete admits the doping offence, no B-sample analysis is requested and no hearing is demanded.

The two doping violations: presence of a prohibited substance in the sample and the use of a prohibted substance will be considered as one violation.

Decision
1 An Anti-Doping Rule Violations pursuant to ADR Articles 2.1 and 2.2 have been committed;
2 A period of Ineligibility of two years shall be the Consequences imposed pursuant to ADR Article 10.2. That period of Ineligibility is deemed to have commenced as from 2 July 2013, and will end at midnight on 1 July 2015;
3. The Athlete’s status during this period of Ineligibility shall be as set out in ADR Article 10.10;
4. The Athlete’s results at the Event are Disqualified, along with all resulting consequences, including forfeiture of any medals, titles, points and prizes; and
5. Pursuant to ADR Article 10.10.4, during the period of Ineligibility the Athlete shall remain subject to the Anti-Doping Rules.

Appeal
This Decision may be appealed by the Athlete, the BWA, the Fédération International de Lutes Associées and WADA.

SDT 2004_06 New Zealand Olympic Wrestling Union vs Mark Hogarth

30 Aug 2004

The New Zealand Sports Drug Agency (NZSD) and the New Zealand Olympic Wrestling Union (WNZ) have reported an anti-doping rule violation against the Respondent after his sample tested positive for the prohibited substance Terbutaline.

The Tribunal noted that the Respondent has been an asthmatic from childhood, and used Terbutaline for legitimate medical purposes (rather than to enhance performance). There is no suggestion that Respondent is a drug cheat, but the Tribunal considered that an athlete must take responsibility for his actions in using a substance banned under the World Anti Doping Code 2004 Prohibited List.
The use of Terbutaline is permitted provided a Therapeutic Use Exemption (TUE) has been granted by the NZSDA. After he tested positive the Respondent obtained a TUE. NZSDA acknowledged through its Counsel that “the violation was more a technical breach of the rules rather than any deliberate flouting of them”. It ruled that it had no jurisdiction to consider a retroactive approval which NZSDA sought as a first line of defence.
Under its anti-Doping policy WNZ referred the case to the Tribunal for the imposition of a penalty, and initially asked for sanctions which included a ban from competition. It altered its stance when the athlete’s medical background was clarified. WNZ acknowledged that it could have done more to inform the Respondent of his obligations and rights to a TUE under the new anti-Doping regime which applied from 1 January 2004.

The New Zealand Sports Disputes Tribunal decides to issue a reprimand, and rules that the Respondent should pay costs, after he tested positive to the use of Terbutaline.
Respondent will be required to remain on the Drug Register for Out of Competition testing for a period of two years.

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