FIBA 2012 FIBA vs Riste Stefanov

9 Jul 2012

The Hellenic National Council for Combating Doping (ESKAN) has reported in February 2012 an anti-doping rule violation against the Player after his sample tested positive for the prohibited substance 19-norandrosterone (nandrolone).
In April 2012 the Hellenic Basketball Federation Judicial Panel decided to impose these sanctions on the Player:
- prohibition of participation to every kind of athletic meetings and organisations of all sports for 3 months;
- a fine of 3000 Euros; and
- deduction and exclusion from participation to the administration, institution or committee of any athletic institution or athletes’ club for 1 year.

After notification by FIBA the Player filed a statement in his defence and was heard for the FIBA Disciplinary Panel in June 2012.
The Player stated he was treated in 2011 for a serious foot injury. After 3 months of continuous pain the Player’s orthopaedic surgeon administered him Decadurabolin (nandrolone) without any indication that it contained a prohibited substance. These facts were confirmed in a written statement by his surgeon.
The Panel concludes that the positive finding is caused by the injection of Player’s surgeon during the last stage of his rehabilitation from his foot injury. The Panel finds that the Player bears the consequences for his surgeon’s failure to mention the content of the administered medication.
Considering Player’s statement and the circumstances the FIBA Disciplinary Panel decides a 22 month period of ineligibility starting on the date of his provisional suspension, i.e. on 22 March 2012.

FIBA 2012 FIBA vs Mr. A (1)

23 Oct 2012

An anti-doping rule violation has reported against the Player for the use of the prohibited substance 3-hydroxy-4-methoxy-clomiphene, 4-hydroxy-clomiphene,N-desmethyl-4-hydroxy-clomiphene (metabolites of clomiphene).
A provisional suspension was ordered, Player’s request for a Therapeutic Use Exemption (TUE) was rejected and a 2 year period of ineligibility was imposed on the Player. Hereafter Player’s appeal was rejected and the sanction confirmed.

The Player appealed the imposed sanction to the FIBA. The Player filed a statement in his defence and was heard for the FIBA Disciplinary Panel.
Player stated he had used prescribed medication to treat his health problems in the weeks before the doping control. Player did not know the medication could contain a prohibited substance and had no intention to enhance his performance. His two doctor’s confirmed Player’s statement and the use of the prescribed medication.
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 before using it and did not consult a doctor or sport physician about the medication. Considering Player’s statement and the circumstances the FIBA Disciplinary Panel decides to impose a 9 month period of ineligibility on the Player starting on the date of the provisional suspension.

ABAE 2009 AIBA vs Jade Mellor - Appeal

16 Nov 2009

Facts
The International Boxing Association (AIBA) appeals against the decision of the Anti-Doping Panel of the Amateur Boxing Association of England (ABAE) in the case of Jade Mellor (respondent). Respondent was imposed with a period of ineligibility of 6 months for the use of the specified substance bumetanide. The appellant considers that a 2 year ban is more appropriate.

History
The respondent had used the specified substance bumetanide, known as water pills, to reduce her weight. She didn't declare the substance on the filling form of the doping test.

Considerations tribunal
The Appeal Tribunal determined that by ingesting the specified substance she intended to enhance her sport performance, in the sense that she intended to ensure she was able to perform. The Appeal Tribunal concluded that the decision at first instance in that case - that for the purposes of Article 10.4.1 of the UKAD Rules the meaning of "sport performance" was restricted to the action or process of performing in the relevant athletic pursuit itself - was wrong, and that the words "to enhance the Athlete's sport performance" have a wider meaning, including the ability to perform at all.

Considerations respondent
The respondent claims to have used water pills in order to reduce the effects of her menstrual cycles and not for enhancing her sport performance.

Decision
The tribunal agrees with the Appellant’s appeal by substituting the period of Ineligibility of six (6) months to a period of Ineligibility of two (2) years commencing on 26 June 2009 and to end on 25 June 2011 (inclusive).

FIBA 2012 FIBA vs Milka Bjelica

17 Sep 2012

Komisja do Zwalczania Dopingu w Sporcie (KdZDwS), the Polish Commission Against Doping in Sport, has reported in May 2012 an anti-doping rule violation against the Player after her sample tested positive for the prohibited substance methylhexaneamine (dimethylpentylamine).

After deliberations between the KdZDwS and the Serbian Basketball Federation the case was transferred to the FIBA in July 2012.
After notification the Player filed a statement in her defence for the FIBA Disciplinary Committee.
The Player stated she had used a supplement, recommended by a salesperson, in order to lose weight. The Player checked and compared the component of the supplement with the WADA List op Prohibited Substances and had no intention to enhance performance.
The Panel finds Player acted negligently in her responsibility that no prohibited substance enters her body.
She used the supplement upon recommendation of a supplement store salesman and failed to research the ingredients of the supplement before using it. Therefore the FIBA Disciplinary Panel decides to impose a 6 month period of ineligibility on the player starting on the day of Player’s last official game, i.e. on 29 April 2012.

FIBA 2012 FIBA vs Jason Antony Smith

19 Jul 2012

Deutscher Basketball Bund (DBB), the German Basketball Federation, has reported an anti-doping rule violation against the Player for the use of the prohibited substance insulin.

On 23 December 2011 the Player applied to the Nationale Anti-Doping Agentur Deutschland (NADA), German National Anti-Doping Agency, for a Therapeutic Use Exemption (TUE) for insulin after a doping control on 17 December 2011. Analyses of Player’s sample showed no indication for use of substances include in the 2011 WADA Prohibited List. Player’s TUE request was granted in January 2012.

After notification the Player filed a statement in his defence and he was heard for the DBB Anti-Doping Commission in March 2012. Player stated he has diabetes since the age of three and had taken insulin ever since. Player was not aware of insulin being a prohibited substance. In 2007 he had contacted FIBA and assumed that the reply of FIBA’s Anti-Doping Officer was enabling him to play anywhere in Europe without a TUE.
On 23 May the DBB Anti-Doping Commission decided to impose a 6 month period of ineligibility on the Player starting on 28 March 2012.

Hereafter the FIBA decides to adopt the DBB Anti-Doping Commission's decision. This decision does not mention details regarding the committed anti-doping rule violations.

FIBA 2012 FIBA vs Enver Soobzokov

17 Apr 2012

The International Basketball Federation (FIBA) has reported an anti-doping rule violation against the Player after his sample tested positive for the prohibited substance methylhexaneamine (dimethylpentylamine).
Because of substantial delays between the various authorities involved the Player was notified by FIBA 5 months after the sample collection. Hereafter the Player filed a statement in his defence and was heard for the FIBA Disciplinary Committee.

The Player stated he had used a supplement for several months, recommended by his trainer, in order to shed excess fat. His trainer testified and confirmed his recommendation for the supplement to the Player and was not aware that the supplement could contain a prohibited substance.

The Panel concludes Player acted negligently in his responsibility that no prohibited substance enters his body. He did not research the ingredients of the supplement in detail and did not consult a physician or doctor.
Therefore the FIBA Disciplinary Panel decides a 6 month period of ineligibility. Because of the previous substantial delays the period of ineligibility shall start on 1 January 2012.

FIBA 2012 FIBA vs DeJuan Collins

3 Apr 2012

The International Basketball Federation (FIBA) has reported an anti-doping rule violation against the Player after his sample tested positive for the prohibited substance THC (cannabis).
After notification the Player filed a statement in his defence and was heard for the FIBA Disciplinary Panel.
The Player stated he had smoked cannabis 3 weeks before the doping control and had no intention to enhance his performance.
The FIBA Disciplinary Panel decides a 3 month period of ineligibility starting on the day of Panel's decision.

FIBA 2012 FIBA vs De’Andre Walker

26 Apr 2012

In October 2011 The Oceania Regional Anti-Doping Organization has reported an anti-doping rule violation against the Player after his sample tested positive for the prohibited substance 4-methylhexaneamine.
After the results of the doping control were revealed the Pacific Games Council disqualified the Player for the 2011 Pacific Games, annulled his results and imposed a 2 years period of ineligibility from all Pacific Games.

In March 2012 the Player was notified that the case was submitted to the FIBA Disciplinary Panel.
Despite multiple attempts by the FIBA to contact the Player by telephone and email were not successful.
Therefore on 26 April 2012 the FIBA Disciplinary Panel decides to impose a 2 year period of ineligibility on the Player starting from the date op Player’s last game in the Pacific Games.

FIBA 2012 FIBA vs Christopher Bracey

28 Mar 2012

In September 2010 the Hellenic National Council for Combating Doping (ESKAN), has reported an anti-doping rule violation against the Player after his sample tested positive for the prohibited substance hydrochlorthiazide.
The Hellenic Basketball Federation (HBF) notified the Player and ordered a provisional suspension. The Player stated he had used prescribed medication which contained hydrochlorothiazide and produced a prescription by his family doctor.
On 16 December 2011 The HBF Judicial Body decided to impose a 2 year period of ineligibility on the Player.

After notification by FIBA in February 2011 the Player filed a statement and evidence in his defence and was heard for the FIBA Disciplinary Panel.
Hereafter the Panel considers the facts in this case:
- the Player’s medical condition and respective treatment with the substance hydrochlorothiazide is established through the medical reports submitted by the Player and the treatment prescribed by his family doctor;
- the Player had been taking medication for his hypertension while playing for a FIBA club in Cyprus without testing positive;
- the change in medication took place at a time (February 2011) when he was out of contract and without any intention to seek employment, since he remained without a club during the entire 2010/2011 and was recovering from a surgery to his Achilles tendon;
- the Player produced at the hearing before the HBF Judicial Body an open bottle of the medication which was prescribed and purchased in the US and was the source of the prohibited substance;
- the Player had not participated in any competitions before the doping control for approximately 2 years and, in addition, he was in September and October 2011 side-lined and could not play or train due to an injury unrelated to the medication or to a prohibited substance that could be concealed by hydrochlorothiazide.
Further, the doping control of 22 September 2011 was conducted as part of the process to obtain a license in Greece upon the Player’s arrival from the US;
- it is evident from the circumstances relating to the doping control that the Player had no intention to enhance his performance or to mask the use of a prohibited substance;
- the Player is responsible for the substance found in his body and he should have made sure that a Therapeutic Use Exemption was granted to him prior to joining a FIBA club;
- the Player did not mention his medication to the doping control officers or on the doping control form.
Therefore the FIBA Disciplinary Committee decides a 6 month period of ineligibility starting on the date of the provisional suspension.

FIBA 2011 FIBA vs Yamene Jave Coleman

9 Feb 2011

In September 2010 Agenţia Naţională Anti-Doping (ANAD), the National Anti-Doping Agency of Romania, has reported an anti-doping rule violation against the Player after his sample tested positive for the prohibited substance hydrocholorthiazide.
The Player filed a statement with evidence in his defence and was heard for the ANAD Hearing Commission.
The Player stated he used medication for hypertension. He submitted medical documentation from doctors in Romania and the USA in support of his statement and submitted a request for a retroactive TUE for hydrochlorothiazide.
On 27 October 2010 the ANAD Hearing Commission decided, based on the “retroactive TUE granted” and the Player’s medical condition, to eliminate the provisional suspension and to sanction the Player with a reprimand.

After notification in February 2011 by FIBA the Player filed a statement in his defence and was heard for the FIBA Disciplinary Panel. Hereafter the Panel considers the facts in this case:
- the Player’s medical condition and respective treatment with the substance Hydrochlorothiazide is established through a series of medical reports by doctors in the USA and in Romania and also through the ANAD TUE decision;
- at the time of the doping control the Player was in the process of gathering his medical file from USA upon recommendation of the team doctor in order to request a TUE;
- the Player had not participated in any competitions before the doping control, which was conducted as part of the process to obtain a license in Romania, and he was simply preparing with the team for the upcoming season;
- the Player noted on the doping control form that he was taking “blood pressure medicine ”;
- the Player had no intention to enhance his performance.
Therefore the FIBA Disciplinary Committee decides a 1 month period of ineligibility.

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