Facts
The International Baseball Federation (IBAF) Anti-Doping Tribunal convened to hear and determine the disciplinar proceedings brought by the International Baseball Federation (the 'IBAF') against
Agustin Murilo (Player) for violation of the IBAF Anti-Doping Rules (ADR). In his sample collected from him on 12 March 2009 the presence of Clenbuterol was detected, also the requested B-sample analysis tested positive on Clenbuterol. The charged is handled without a hearing.

History
The player thinks some supplements he uses were contaminated or his medication for flu was contaminated.

Considerations of the panel
The player was unable to give any proof about how the prohibited substance had entered his body.

Decision
The Tribunal rules as follows:
1.1 The Player has committed an anti-doping rule violation under Article 2.1 of the IBAF ADR in that Clenbuterol, a Prohibited Substance, was present in the sample collected from him after the 2009 World Baseball Classic match between Mexico and Cuba on 12 March 2009.
1.2 As a consequence:
a. The Player's individual results from the 2009 World Baseball Classic matches in which he played are Disqualified in
accordance with Aricles 9.1 and 10.1 of the IBAF ADR, with any medals, points and prizes that he eared from his participation in those matches to be forfeited.
b. In accordance with Article 10.2 of the IBAF ADR, the Player is ruled Ineligible for a period of two years. Further to article 10.10 of the IBAF ADR, during that period of Ineligibility the Player may not 'participate in any capacity in any Event or activity (other than authorized anti-doping education or rehabilitation programs) authorized or organized by IBAF or any National Federation or a club or other member organization of IBAF or any National Federation, or in Competitions authorized or organized by any professional league or any international or national level Event organization. ' This includes Major and Minor League Baseball. If the Player does continue to paricipate in Major or Minor League Baseball, then Aricle 10.10.2 of the IBAP ADR will apply to push back the commencement date of the period of Ineligibility imposed in this Award to the date of his last MLB or MiLB match.
c. In accordance with Aricle 10.9 ofthe IBAF ADR, the two-year period of Ineligibility shall commence as of the date of this Final Award and shall therefore end at midnght on 25 July 2011.

Related case:

CAS 2008_A_1572 Rebeca Braga Gusmao vs FINA
November 13, 2009

The Féderation Internationale de Natation (FINA) has reported an anti-doping rule violation in May 2008 against the Swimmer for tampering, or attempting to tamper, with any part of Doping Control. The Swimmer filed a statement in her defence and she was heard for the FINA Doping Panel in July 2008.

The FINA Doping Panel had already issued two judgements related to the Swimmer. In each of the judgements is stated that the Swimmer committed an anti-doping rule violation. The FINA Doping Panel concludes that the Swimmer committed an anti-doping rule violation.

Therefore, as a second anti-doping rule violation, the FINA Doping Panel decides to impose a lifetime ineligiblility on the Swimmer. All results achieved by the Swimmer since 18 July 2007 shall be annulled together with the consequence thereof.

Hereafter the Swimmer appealed with the Court of Arbitration for Sport (CAS) . The Athlete filed three appeals against de FINA decisions dated 12 May 2008, 17 July 2008, and 3 September 2008 respectively, which stated various anti-doping rule violations allegedly committed by her and the Athlete was declared ineligible to compete for life.

Ultimately the Court of Arbitration for Sport decides on 13 November 2009 that:

1.) The appeals filed by the Swimmer on 12 May 2008, 17 July 2008 and 3 September 2008 are dismissed.

2.) The decisions adopted by the Doping Panel of FINA dated 12 May 2008, 17 July 2003, and 3 September 2008 are upheld as far as they do not contradict this Award.

3.) The Swimmer is declared ineligible to compete for life as from 13 November 2009.

4.) All results obtained by the Swimmer during the Brazilian Swimming Championship in May 2006 and all results obtained as from 12 July 2007 are disqualified. She is ordered to return all medals, diploma, rewards and prize money, accordingly.

5.) This award is pronounced without costs, except for the Court Office fee of CHF 500, which is retained by the CAS. Each party will bear its own legal costs and other expenses, except for a contribution of CHF 3000 to the legal costs of the Respondent which Appellant shall pay.

6.) All other motions or prayers for relief are dismissed.

Facts
The International Baseball Federation (IBAF) charges Roger
Luque (Player) for violation of the 2009 IBAF Anti-Doping Rules (ADR). The Player was required to give an urine sample on 19 September 2009 as part of an in-competition test. His sample tested positive for Stanozolol and 4-OH-Stanozolol (a metabolite of Stanozolol).

History
Due to a car accident the player had treatment in a hospital. He claims the medication administered contained the prohibited substance medical purposes only and under the health personnel’s supervision. He didn't use the prohibited substance to improve athletic performance. In response to IBAF's request he delivers a more detailed medical record.

Considerations panel
The athlete stays responsible for substances in his body. However considering the urgency of his hospitalization a retrospective TUE (Therapeutic Use Exemption) could lift the standard period of ineligibility of 2 years.

Decision
The Tribunal rules as follows:
7.1.1 The Player has committed an anti-doping rule violation under IBAF ADR Article 2.1, in that a Prohibited Substance (Stanozolol) was found to be present in the urine sample collected from him on 19 September 2009.
7.1.2 As a consequence:
a. The individual results obtained by the Player in the 2009 BWC are disqualified in accordance with IBAF ADR Article 10.1, with any individual medals, points and prizes that he earned from his participation in those matches to be forfeited.
b. In accordance with IBAF ADR Articles 10.2 and 10.5.2, the Player is ruled Ineligible for a period of sixteen months. In accordance with IBAF ADR Article 10.9, the period of Ineligibility will be deemed to have commenced as of 19 September 2009 and therefore will end at midnight on 18 January 2011.
c. Further to IBAF ADR Article 10.10, during that period of Ineligibility the Player may not “participate in any capacity in any Event or activity (other than authorized anti-doping education or rehabilitation programs) authorized or organized by IBAF or any National Federation or a club or other member organization of IBAF or any National Federation, or in Competitions authorized or organized by any professional IBAF v. Luque, IBAF Anti-Doping Tribunal, IBAF 10-001: Final Award, 13 December 2010 18 league or any international or national level Event
organization.”
7.3 In accordance with IBAF ADR Article 14.4, the IBAF is to report this decision publicly within 20 days of the date of this decision. To ensure that baseball players are properly informed about the nature and extent of their responsibilities under the IBAF ADR, the IBAF is directed to publish this decision in its entirety on the IBAF’s official website.

Appeal
In accordance with IBAF ADR Articles 8.2.8 and 13.2, each of the following persons may appeal against this Final Award to the Court of Arbitration for Sport in Lausanne, Switzerland: the Player, the IBAF, WADA, and any other Anti-Doping Organization under whose rules a sanction could have been imposed. The IBAF is directed to disseminate a copy of this Final Award to
each such person without delay. IBAF ADR Article 13.6 provides that any such appeal must be filed with the CAS within 21 days from the date of receipt of the decision.

The Féderation Internationale de Natation (FINA) has reported an anti-doping rule violation against the Swimmer after his A and B samples tested positive in July 2006 for the prohibited substance Epitestosterone. The FINA notified the Swimmer and ordered a provisional suspension.

The FINA Doping Panel decided that an expert witness was to review the analytical reports by the laboratory in Bogotá (Colombia) on the A and B sample.
After reviewing the laboratory reports the FINA Doping Panel decides to dismiss the case as the persons who conducted the analysis of the B sample were also involved in the analysis of the A sample. This is a violation of the International Standards for Laboratories. The Panel did not consider in detail the further arguments submitted by the Swimmer and the FINA.

Related case:
CAS 2010/A/2216 Ryan Napoleon vs FINA
December 22, 2010

The Féderation Internationale de Natation (FINA) has reported an anti-doping rule violation against the Swimmer after his A and B samples tested positive in November 2009 for the prohibited substance formoterol.

After notification the Swimmer filed a statement in his defence and he was heard for the FINA Doping Panel in August 2010.
The Swimmer stated he suffers from asthma from a young age and uses prescribed medication, for which he was granted a TUE since 2008. The Person’s father also suffers from asthma and they stored their asthma medication in the same place in their family home. Person argued that they may have, on occasion, inadvertently used each other’s inhaler, due to incorrect labelling by their pharmacist. His father uses another type of asthma medication, which contains the prohibited substance formoterol.

The FINA Doping Panel accepted Swimmer’s statement and finds the Person’s degree of care was less that should be expected from and elite athlete. Without intention to enhance performance and considering the circumstances the FINA Doping Panel decided to impose a 3 month period of ineligibility on the Swimmer starting on 20 August 2010. In addition, all results which were achieved by the Swimmer from 16 November 2009 until 6 April 2010 would be annulled.

Hereafter the Swimmer appealed the case to CAS.

Facts
The Internacional Baseball Federation (IBAF) charges Geovany Soto (the player) for a violation of the Anti-Doping Rules. His provided sample for doping control on March 17 2009 tested positive on cannabis metabolites. Cannabinoids are included on the 2009 Prohibited List in category S8, as substances In-Competition.

History
The Player is a 30 year-old professional baseball player from Puerto Rico who has played professional baseball for over ten years. He admits his doping offence.

Considerations panel
By admitting the panel concentrates on the period of ineligibility.

Decision
1. The Player has committed an anti-doping rule violation under Article 2.1 of the IBAF Anti-Doping Rules in that cannabis metabolites, a Prohibited Substance, was present in the sample collected from him after the 2009 Classic match between Puerto Rico and the United States on March 17, 2009.

2a. The Player’s individual results from the matches he played in the 2009 Classic are Disqualified in accordance with Articles 9.1 and 10.1 of the IBAF Anti-Doping Rules, with any medals, points or prizes that he earned from his participation in those matches to be forfeited.

2b. In accordance with Article 10.2 of the IBAF Anti-Doping Rules, the Player is ruled Ineligible for a period of two years. In accordance with Article 10.10 of the IBAF Anti-Doping Rules, during that period of Ineligibility the Player may not “participate in any capacity in any Event or activity (other than authorized anti-doping education or rehabilitation programs) authorized or organized by IBAF or any National Federation or a club or other member organization of IBAF or any National Federation, or in Competitions authorized or organized by any professional league or any international or national level Event organization.” This includes Major League Baseball. If the Player does continue to participate in Major League Baseball, then Article 10.10.2 of the IBAF Anti-Doping Rules will apply to push back the commencement date of the period of Ineligibility imposed in this Award to the date of his last Major League Baseball match.

2c. In accordance with Article 10.9.2 of the IBAF Anti-Doping Rules, the two-year period of Ineligibility shall be deemed to have commenced on June 10, 2009 and therefore shall end at midnight on June 10, 2011.

2d. In accordance with Article 14.4 of the IBAF Anti-Doping Rules, the IBAF is to report this decision publicly within 20 days of the date of this decision. To ensure that baseball players are properly informed about the nature and extent of their responsibilities under the IBAF Anti-Doping Rules, the entirety of this decision should be published on the IBAF’s official website.

Costs
There is no provision in the IBAF Anti-Doping Rules conferring on this Tribunal the power to award a party its costs of proceedings taken under these rules. Therefore, as set out at paragraph 15 of the Standing Directions for cases referred to the IBAF Anti-Doping Panel in connection with the World Baseball Classic 2009, each of the parties shall bear its own costs of these proceedings.

Appeal
In accordance with Article 8.2.8 and Article 13.2 of the IBAF Anti-Doping Rules, each of the following persons may appeal against this final award to the Court of Arbitration for Sport in Lausanne, Switzerland: the Player, the IBAF, WADA and any other Anti-Doping Organization under whose rules a sanction could have been imposed. The IBAF is directed to disseminate a copy of this Final Award to each such person without delay. Article 13.6 provides that any such appeal must be filed with the CAS within 21 days from the date of receipt of the decision.
In accordance with Article 14.4 of the IBAF Anti-Doping Rules, the IBAF is to report this decision publicly within 20 days of the date of this decision. To ensure that baseball players are properly informed about the nature and extent of their responsibilities under the IBAF Anti-Doping Rules, the entirety of this decision should be published on the IBAF’s official website.

CAS 2010/A/2216 Ryan Napoleon v. Fédération Internationale de Natation (FINA)

Related case:
FINA 2010 FINA vs Ryan Napoleon
August 20, 2010

The Féderation Internationale de Natation (FINA) has reported an anti-doping rule violation against the Swimmer after his A and B samples tested positive in November 2009 for the prohibited substance formoterol.

After notification the Swimmer filed a statement in his defence and he was heard for the FINA Doping Panel in August 2010.
The Swimmer stated he suffers from asthma from a young age and uses prescribed medication, for which he was granted a TUE since 2008. The Person’s father also suffers from asthma and they stored their asthma medication in the same place in their family home. Person argued that they may have, on occasion, inadvertently used each other’s inhaler, due to incorrect labelling by their pharmacist. His father uses another type of asthma medication, which contains the prohibited substance formoterol.

The FINA Doping Panel accepted Swimmer’s statement and finds the Person’s degree of care was less that should be expected from and elite athlete. Without intention to enhance performance and considering the circumstances the FINA Doping Panel decided to impose a 3 month period of ineligibility on the Swimmer starting on 20 August 2010. In addition, all results which were achieved by the Swimmer from 16 November 2009 until 6 April 2010 would be annulled.

The Swimmer appealed the FINA decision to CAS in September 2010 in order to request for a stay on the period of ineligibility and a stay of the annulment of the Swimmer’s results.
The CAS Panel concludes there was an unduly lengthy period of time, from collection to imposition of ban in relation to Swimmer’s situation. Therefore the CAS Panel decides that the Swimmer’s period of ineligibility is commencing on 14 June 2010 and the period of disqualification of results from 16 November 2009 until 29 January 2010.

The International Basketball Federation (FIBA) has reported an anti-doping rule violation against the Player after his sample tested positive for the prohibited substance methylphenidate.
The FIBA notified the Player and ordered a provisional suspension.
The Player filed a statement in his defence and – after several postponements – he was heard for the FIBA Disciplinary Panel.
The Player stated he suffers from ADD (Attention Deficit Disorder) since the age of 12 and uses the prescribed medication Ritalin as law student in exam periods. He did not know the medication contained a prohibited substance and had no intention to enhance his performance.
The Panel finds the Player acted negligently in his responsibility that no prohibited substance enters his body. He did not research the ingredients of the medication in detail before using it and did not consult a doctor or sport physician about the use of medication prior to competitions.
Considering Player’s statement and the circumstances in this case the FIBA Disciplinary Panel decides to impose a 6 month period of ineligibility on the Player starting on the date of the provisional suspension, i.e. 21 January 2013.

Facts
The International Gymnastics Federations (Fédération internationale de Gymnastique, FIG) charges Dos Santos (athlete) for an anti-doping violation. The athlete provided an urine sample during an out of competition doping test. The sample revealed a positive result to furosemide. Furosemide is a diuretic included in the list of prohibited substances and methods established by the World Anti-Doping Agency.

History
The athlete underwent surgery, during this period of convalescence, following the surgeries she underwent, she followed a treatment of "Hyalosima 2000UTR" and "Lasix" (furosemide). Because she couln't compete or train in her sport she was unaware of the fact that she still could undergo a dopingcontrol. There was no application of a therapeutic use exemption (TUE).

Decision
Suspending Ms. Daiane DOS SANTOS for a period of five (5) months starting from the date of the decision of the Presidential Commission.

Organización Nacional de Antidopaje de Uruguay (ONAU), the Uruguay National Anti-Doping Organisation, has reported an anti-doping rule violation against the Player in May 2012 after his sample tested positive for the prohibited substance methylhexaneamine (dimethylpentylamine).
ONAU attempted to notify the Player but shortly after the doping control the Player’s contract in Uruguay expired and the Player had joined a basketball club in Venezuela.
In absence of the Player ONAU decided in July 2012 to impose a 2 year period of ineligibility on the Player.

In October 2012 the Player requested the FIBA for a hearing because he could not play in Mexico and Venezuela due to the imposed sanction in Uruguay. The Player file a statement in his defence and was heard for the FIBA Disciplinary Panel.
The Player stated he had used a creatine supplement, with the ingredient Geranium Maculatum, recommended by a salesman to gain weight.
He did not know the supplement contained a prohibited substance and had no intention to enhance performance.

The Panel finds the Player acted negligently in his responsibility that no prohibited substance enters his body. He used the supplement upon recommendation of a supplement store salesman and failed to research the ingredients of the supplement before using it.
Considering Player’s statement and the circumstances the FIBA Disciplinary Panel decides to impose a 6 month period of ineligibility on the player starting on the day of the ONAU decision, i.e. on 2 July 2012.