IOC 2009 IOC vs Rashid Ramzi

17 Nov 2009

In January 2009 the International Olympic Committee (IOC) decided to perform further testing on the Athlete’s samples collected during the Beijing 2008 Olympic Games, due to a fully validated test to detect CERA became available.

In April 2009 The IOC reported an anti-doping rule violation against the Athlete after his 2008 A and B samples tested positive for the prohibited substance CERA. After notification by the IOC the Athlete filed a statement in his defence and was heard for the IOC Disciplinary Commission.
The Athlete stated he had not taken any prohibited substances and alleged in his defence that the burden of proof has not been met. After considering the Athlete’s arguments the IOC Disciplinary Commission finds that no departure from the ISL occurred in this case and concludes that the Athlete has committed an anti-doping rule violation.

On 17 November 2009 the IOC Executive Board, as recommended by the IOC Disciplinary Commission, decides that the Athlete:
1.) be disqualified from the Athletics Men’s 1500m of the Beijing 2008 Olympic Games, where he had placed 1st.
2.) shall have his medal and diploma in the above-mentioned event withdrawn.
3.) The IAAF is requested to modify the results of the above-mentioned event accordingly and to consider any further action within its own competence.
4.) The National Olympic Committee (NOC) of Bahrain is ordered to return to the IOC, as soon as possible, the medal and diploma awarded to the Athlete in relation to the abovementioned event.
5.) The NOC of Bahrain shall ensure full implementation of this decision.
6.) This decision shall enter into force immediately.

IOC 2007 IOC vs National Olympic Committee of Austria

23 May 2007

On 26 February 2002, shortly after the Salt Lake 2002 Olympic Winter Games, various items were found by a cleaner in a chalet in Midway, Utah, which was occupied by the Austrian cross-country and biathlon coach along with his wife. It was subsequently determined that the chalet had been frequently visited by members of the Austrian cross-country and biathlon teams. The material discovered by the cleaner included vials and ampoules, various phosphate and sodium salts, vitamins and amino acids and transfusion equipment, including 3 blood bags (with blood residue), a blood transfusion device, multiple infusion sets (with blood in the IV lines), butterfly needles, syringes and used needles.
After an investigation, the IOC sanctioned the Austrian team coach, the team chiropractor, and two Austrian athletes.
The IOC also issued a strong warning to the Austrian Olympic Committee (Österreichisches Olympisches Comité, ÖOC) for its lack of vigilance and supervision which was also found to have facilitated the anti-doping rule violations committed by the athletes and support staff.

On the night of 18 February 2006, the Italian police discovered numerous materials in the accommodation of several Austrian athletes and support staff which evidenced the possession of prohibited methods and substances.
On 10 April 2007 The IOC notified the ÖOC that the IOC Disciplinary Commission would conduct a hearing on 1 May 2007.
The ÖOC was also informed that it was suspected of having committed the following anti-doping rule violation:
Administration or attempted administration of a Prohibited Substance or Prohibited Method to any athlete, or assisting, encouraging, aiding, abetting, covering up or any other type of complicity involving an anti-doping rule violation or any attempted violation, pursuant to Article 2.8 of the IOC Anti-Doping Rules.

Pursuant to the recommendations made by the IOC Disciplinary Commission, the IOC Executive Board has disqualified and declared ineligible for all future Olympic Games the following athletes on 25 April 2007:
- Roland Diethart (cross-country);
- Johannes Eder (cross-country);
- Jürgen Pinter (cross-country);
- Martin Tauber (cross-country);
- Wolfgang Perner (biathlon); and
- Wolfgang Rottmann (biathlon).

The IOC Disciplinary Commission notes that the ÖOC clearly failed to implement appropriate organizational changes in the aftermath of the Salt Lake City “Blood Bag Affair” in an effort to avoid similar violations being committed during the Torino 2006 Olympic Winter Games.
Therefore having considered the evidence in this case, the IOC Disciplinary Commission concludes that the ÖOC has breached its obligations under the Olympic Charter, the IOC Code of Ethics and applicable anti-doping regulations.

On 23 May 2007 The IOC Executive Board, as recommended by the IOC Disciplinary Commission, decides:

1.) The National Olympic Committee of Austria is suspended from receiving or applying for any grants or subsidies, whether direct or indirect, from the IOC in the amount of one million United States Dollars (US$ 1,000,000.-).
2.) The National Olympic Committee of Austria is ordered to finalise its investigations into this matter and its internal organisation and to demonstrate to the IOC Executive Board no later than 30 June 2008 the results of its investigation and the organisational changes that have been implemented.
3.) The National Olympic Committee of Austria is ordered to ensure that the terms of all related decisions are fully implemented, particularly in relation to the noneligibility of certain persons for future Olympic Games.
4.) The file is referred to the Fédération Internationale de Ski (FIS) and the International Biathlon Union so that they may consider whether any action.

UKAD 2013 UKAD vs Paul Supple

3 Sep 2013

Facts
The UKAD charges Paul Supple for a violation of the Anti-Doping Rules. On 4 July 2013, he provided an Out-of-Competition sample for doping control purposes, pursuant to the Anti Doping Rules.
His sample tested positive on 2-hydroxymethyl-17-alpha-methyl-5-alpha-androstan-3,xi,17-beta-triol, 2-hydroxymethyl-17-methyl-5-alpha-androstan-3,17-diol and 3-alpha,17-beta-dihydroxy-17-alpha-methyl-5-alpha-androstane, all of which are metabolites of the prohibited substance oxymetholone.

History
Allthough letters were sent and telephone calls were made it was not possible to be n contact with the athlete, also note were left to inform the athlete about the deathline for a reaction. In the event no such response is received by that deadline, the Participant will be deemed to have admitted the Anti-Doping Rule Violation(s) charged, and have acceded to the Consequences specified in the Notice of Charge. which is 2 years of ineligibility.

Decision
1 Anti-Doping Rule Violations pursuant to ADR Articles 2.1 and 2.2 have been committed;
2 A period of Ineligibility of two (2) years shall be the Consequence imposed pursuant to ADR Article 10.2;
3 That period of Ineligibility is deemed to have commenced on 29 July 2013, and will end at midnight on 28 July 2015;
4 The Athlete’s status during this period of Ineligibility shall be as set out in ADR Article 10.10; and
5 Pursuant to ADR Article 10.10.4, during the period of Ineligibility the Athlete shall remain subject to the Anti-Doping Rules.

IOC 2007 IOC vs Martin Tauber

24 Apr 2007

Related case:
CAS 2007/A/1288 Martin Tauber vs International Olympic Committee, January 4, 2008

In February 2006 the Athlete competed in the Men’s 30 km Pursuit, the Men’s 15 km Classica and the Men's 4x10 at the Torino 2006 Olympic Winter Games.
On 18 February 2006 the Italian police searched the premises in which the Athlete resided of pursuant to a search and confiscation warrant. The Italian police found a number of items within the accommodation of the Austrian cross-country and biathlon teams, and their coaches and trainers, including numerous syringes (some used), blood bags (some used), butterfly valves for intravenous infusion, injection needles, bottles of saline and a device for measuring a person’s haemoglobin levels as well as a device for determining the blood group of a blood sample.

Specifically in relation to the Athlete, the Italian police found the following materials:
- 1 Biotest device for haemoglobin testing on the Athlete’s bedside table;
- 2 jars containing respectively 18 and 11 medical devices for haemoglobin testing in the Athlete’s travel bag;
- 14 medical devices, including an open pack of needles with used single-use needles with traces of blood;
- 10 closed boxes of single-use needles;
- 2 unopened packs of needles for infusion and transfusion; and
- 1 unopened infusion device pack.

Subsequently, the Torino Prosecutor’s Office analysed the seized materials. The resulting report noted that the “biotest device for haemoglobin testing” was a haemoglobinmeter which had been used 59 times between 10-19 February 2006. It was further noted that haemoglobin levels were recorded at levels just above the threshold limit of 17g% several hours prior to a competition and then dramatically dropping below the threshold immediately prior to the start of a race.

The Austrian Olympic Committee (AOC) subsequently established an Inquiry Commission to investigate the conduct of the Austrian cross-country and biathlon teams at the Torino 2006 Olympic Winter Games. In addition the Austrian Ski Federation (ASF) Disciplinary Board also conducted a general investigation into the conduct of the teams.

Hereafter the IOC informed the Athlete by letter dated 1 March 2007 that the IOC was establishing a Disciplinary Commission to investigate the appropriateness of sanctions in connection with the seizure of evidence from his accommodation which appeared to demonstrate the possession, administration and use of prohibited substances and prohibited methods, or complicity in violations of the IOC Anti-Doping Rules. The Athlete filed a statement in his defence and declined the opportunity to attend to be heard for the Committee.

Having considered the evidence the IOC Disciplinary Commission concludes that the Athlete has violated the IOC Anti-Doping Rules in that he possessed, assisted, encouraged, aided and abetted, and covered up violations committed by his fellow athletes.

Therefore on 24 April 2007 the IOC Disciplinary Commission recommends to the IOC Executive Board that the Athlete:
1.) be disqualified from the Men’s 30 km Pursuit, in which he placed seventeenth;
2.) be disqualified from the Men’s 15 km Classical, in which he placed eighth, and his diploma be withdrawn;
3.) be disqualified from the Men’s 4x10 km Relay;
4.) be permanently ineligible for all future Olympic Games in any capacity.
5.) The Austrian Men’s 4x10 km Relay team be disqualified.
6.) The Fédération Internationale de Ski (FIS) be requested to modify the results of the above-mentioned events accordingly.
7.) The file be referred to the FIS to consider any further action within its own competence.
8.) The Austrian Olympic Committee be ordered to return to the IOC, as soon as possible, the diploma awarded to the athlete in the Men’s 15 km Classical.

On 25 April 2007 the IOC Executive Board decides unanimously, as recommended by the IOC Disciplinary Commission, to declare permanent ineligible the Athlete and to exclude him from taking part in any future Olympic Games in any accredited capacity.

Hereafter the Athlete appeals the IOC decision with CAS.
On 4 January 2008 the Court of Arbitration for Sport affirms the IOC decision.

SDRCC 2008 CCES vs André Aubut

2 Mar 2009

Facts
The Canadian Centre for Ethics in Sport (CCES) charges André Aubut (claiment) for a violation of the Anti-Doping Rules. The claiment directly administered a prohibited substance, erythropoietin (EPO), to Geneveira Jeanson while he was her coach.

Decision
Since this anti-doping rule violation by claiment involves in particular the administration of prohibited substances to a minor, the Arbitrator orders that the sanction for this violation be a lifetime ineligibility in accordance with Rule 7.36.

IOC 2007 IOC vs Marion Jones

12 Dec 2007

The Bay Area Laboratory Co-Operative (BALCO) was an American company led by founder and owner Victor Conte. BALCO marketed tetrahydrogestrinone (THG, known als the "Clear"), a then-undetected, performance-enhancing steroid. BALCO had supplied a number of high-profile sports stars from the United States and Europe with the Clear and human growth hormone for several years.
Following allegations made by Victor Conte in relation to doping offences being committed, in particular in relation to the 2000 Sydney Olympic Games, the IOC established a Disciplinary Commission to investigate the consequences of such allegations and the activities of the BALCO Laboratory in relation to the Olympic Games.

The IOC received in October 2007, a document, entitled “Acceptance of Sanction”, which had been signed by Ms Jones on 8 October 2007. Pursuant to such document, Ms Jones, amongst other things:
1.) acknowledged that she “used the prohibited substance known as the “clear” prior to, during and after the 2000 Olympic Games…”;
2.) accepted a “two (2) year period of ineligibility […] beginning on [8 October 2007]”;
3.) accepted a “disqualification of all competitive results obtained on or subsequent to September 1, 2000, including forfeiture of all medals, results, points and prizes”; and
4.) accepted “a two (2) year period of ineligibility, beginning on [8 October 2007], from participating or coaching in U.S. Olympic […] Trials, being a member of any U.S. Olympic […] Team […]”.

Ms Jones, via the USOC, returned to the IOC the five medals that she won at the 2000 Sydney Olympic Games.
By letter dated 28 November 2007, the President of the IAAF informed the President of the IOC that the IAAF Council confirmed the following consequences (amongst others) in the case of Ms Jones:
“- A 2-year period of ineligibility beginning on the date of her acceptance of sanction
dated 8 October 2007, i.e. until 7 October 2009.
- Disqualification of Ms Jones from all competitions on or subsequent to 1 September 2000;
- Annulment of all her individual competitive results on or subsequent to 1 September 2000;
- Annulment of the results of all relay teams in which she competed in IAAF competitions on or subsequent to 1 September 2000; and
- Forfeiture and return of all awards and medals obtained in relation to the above competitions.”

The IOC Disciplinary Commission notes the fact that Ms Jones blatantly lied for a number of years concerning her taking prohibited substances. The Disciplinary Commission also notes that, after being under much pressure to do so, Ms Jones has recently admitted to having committed anti-doping rule violations.
The Disciplinary Commission considers that, in addition to the sanctions recommended in relation to the 2000 Sydney and 2004 Athens Olympic Games, sanctions should also be imposed against Ms Jones in relation to future Olympic Games. The Disciplinary Commission is of the view that Ms Jones should not be eligible for the 2008 Beijing Olympic Games in any capacity – i.e. she should not receive accreditation as an athlete, coach, official, journalist or otherwise.

Therefore the IOC Executive Board, as recommended by the IOC Disciplinary Commission, decides that:
1.) the Athlete Marion Jones be disqualified from the following events in which she competed at the 2000 Sydney Olympic Games in the sport of athletics:
- 100m, where she placed 1st;
- 200m, where she placed 1st;
- 4 x 400m relay, where the team she was on placed 1st;
- 4 x 100m relay, where the team she was on placed 3rd; and
- Long jump, where she placed 3rd.
2.) The United States Olympic Committee (USOC) be requested to return to the IOC the diplomas awarded to Ms Jones in the above-noted events (it being acknowledged that the USOC has already returned to the IOC the medals won by Ms Jones in such events).
3.) Ms Jones be disqualified from the following event in which she competed at the 2004 Athens Olympic Games in the sport of athletics:
- Long jump, where she placed 5th
4.) The USOC be requested to return to the IOC the diploma awarded to Ms Jones in the above-noted event.
5.) The International Association of Athletics Federations (IAAF) be requested to take the appropriate steps so that its records reflect the above.
6.) Ms Jones be ineligible for the 2008 Beijing Olympic Games in any capacity.
7.) Ms Jones be notified that the IOC reserves its rights to consider possible further sanctions against her, in particular permanent ineligibility for all future Olympic Games in any capacity, pending the outcome of the BALCO investigation.
8.) The issue of adjusting the rankings of the athletes that finished behind Ms Jones in the individual events referred to above be addressed by the IOC Executive Board in due course, pending the IOC receiving full access to the documentation concerning the BALCO case.

IOC 2008 IOC vs Maria Isabel Moreno

11 Aug 2008

The International Olympic Committee (IOC) has reported an anti-doping rule violation against the Athlete after her pre-competition sample tested positive for the prohibited substance EPO.
The IOC notified the NOC of Spain which reported that the Athlete had left the Olympic Village in Beijing and returned to Spain. Hereafter the Athlete filed a statement in her defence and alleged irregularities with the doping control, the sample collection, the notification and invitation for the hearing.
The Committee rejects the Athlete’s arguments and concludes that the Athlete had committed an anti-doping rule violation. On 11 August 2008 the IOC Disciplinary Commission decides that the Athlete:
1.) is excluded from the Games of the Beijing 2008 Olympic Games;
2.) shall have her Olympic identity and accreditation card immediately cancelled and withdrawn.
3.) The Athlete’s file shall be transmitted to the UCI, which is requested to consider any further action within its own competence.
4.) The NOC of Spain and BOCOG shall ensure full implementation of this decision.
5.) This decision shall enter into force immediately.

AAA 2012 No. 190 E 00043 12 USADA vs Luis Arias - Final Award

27 Mar 2012

Luis Arias (Respondent) is a member of the USADA National Testing Pool, which consists of a select group of athletes subject to certain whereabouts requirements in order to be located for USADA Out-of-Competition testing. Respondent failed to comply with the whereabouts requirements and, as a result, accrued three Whereabouts Failures within an 18-month period.

Under the USADA Protocol for Olympic and Paralympic Movement Testing and the International Boxing Association (AIBA) Anti-Doping Rules, both of which have adopted the World Anti-Doping Code (“Code”), the combination of three Whereabouts Failures within an 18-month period constitutes a rule violation.

A Whereabouts Failure for National Testing Pool athletes includes failure to provide required quarterly whereabouts filings and/or failure to be available for testing due to inaccurate or incomplete information provided by the athlete.

In this Final Award the North American Court of Arbitration for Sport Panel denies Respondent’s claims about whereabouts filing failures and concludes he acted negligently.

Conclusion and sanction:

1.) USADA sought a 1 year period of ineligibility for Respondent’s whereabouts violation, a first anti-doping rules’ violation on his part.

2.) The Interim Final Award is hereby confirmed and Respondent is hereby sanctioned for a 1 year period of ineligibility commencing as of February 24, 2012, the date of the Interim Final Award and ending at midnight on February 23, 2013.

3.) Consequently, all competitive results, medals, points and prizes obtained by Respondent on or subsequent to January 1, 2012, his third whereabouts failure, are hereby cancelled with retroactive effect.

4.) The Administrative fees and expenses of the American Arbitration Association and the compensation and expenses of the Arbitrator shall be borne by USADA.

5.) The parties shall bear their own costs and attorneys’ fees.

6.) This Final Award is in full settlement of all claims asserted in this arbitration. All claims not expressly granted herein are hereby, denied.

NIJB 2013 NIJB Decision Disciplinary Committee 2013009 T

27 Sep 2013

Related case:
NIJB 2013 NIJB Decision Appeal Committee 2013009 B
November 27, 2013

The Netherlands Ice Hockey Federation (Nederlandse IJshockey Bond, NIJB) had reported an anti-doping rule violation against the Person after his sample tested positive for the prohibited substances cocaine and amphetamine.

After notification a provisional suspension was ordered. The Person filed a statement with evidence in his defence and he was heard for the NIJB Disciplinary Committee.
The Person stated, sustained by a witness, that he had smoked cigarettes at a party and he didn’t know they contained cocaine and amphetamine.
The Disciplinary Committee accepts the statements and concludes the Person acted without significant fault or negligence.
Considering the circumstances the NIJB Disciplinary Committee decides on 27 September 2013 to impose a 15 month period of ineligibility on the Person.

IOC 2008 IOC vs Liudmyla Blonska

22 Aug 2008

In August 2008 the Athlete competed in the Women’s Heptathlon Final during the Beijing 2008 Olympic Games.
The International Olympic Committee (IOC) has reported an anti-doping rule violation against the Athlete after her A and B samples tested positive for the prohibited substance Methyltestosterone.
The IOC notified the Athlete, ordered a provisional suspension and heard the Athlete. The Athlete stated she did not understand how the prohibited substance ended up in her body. She explained that her husband had also been her coach and trusted him to take care of her training and diet.

On 22 August 2008, the IOC Executive Board decides, as recommended by the IOC Disciplinary Commission, that the Athlete:
1.) is disqualified from the Women’s Heptathlon event, where she had placed second;
2.) is excluded from the Games of the XXIX Olympiad in Beijing in 2008;
3.) shall have her medal and diploma in the above-noted event withdrawn;
4.) shall have her Olympic identity and accreditation card immediately withdrawn and cancelled.
5.) The International Association of Athletics Federations (IAAF) is requested to modify the results of the above-mentioned events accordingly and to consider any further action within its own competence.
6.) The NOC of Ukraine is ordered to return to the IOC, as soon as possible, the medal and diploma awarded to the Athlete in relation to the above-noted event.
7.) The NOC of Ukraine and BOCOG shall ensure full implementation of this decision.
8.) The NOC of Ukraine is requested to inform promptly the IOC and the IAAF of the outcome of the meeting scheduled on 29 August 2008 by the Ukraine Athletic Federation regarding the Athlete’s coach case.
9.) The IOC reserves its rights to take sanctions or measures in relation to the Athlete’s coach.
10.) This decision shall enter into force immediately.

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