30 Jun 2021
- CAS 2020/A/7526 World Athletics v. Salwa Eid Naser
- CAS 2020/A/7559 World Anti-Doping Agency (WADA) v. World Athletics & Salwa Eid Naser
World Athletics 2020 WA vs Salwa Eid Naser
October 14, 2020
On 14 October 2020 the World Athletics Disciplinary Tribunal decided to dismiss the 2 charges against the Athlete Salwa Eid Naser for the reported Whereabouts Filing failures and Missed Tests within a 12 month period.
In first instance the Panel deemed that there was a Missed Test committed on 24 January 2020 but concluded that the Missed Test on 12 April 2019 could not be attributed to the Athlete. As a result the anti-doping rule violation (ADRV) has not been established for 3 Missed Tests to the comfortable satisfaction of the Panel. The January 2020 Missed Test still stands against the Athlete.
Hereafter in November 2020 World Athletics (WA) and the World Anti-Doping Agency (WADA) appealed the Decision of 14 October 2020 with the Court of Arbitration for Sport (CAS).
Both WA and WADA requested the Panel to set aside the Appealed Decision, contending that the 12 April 2019 Missed Test should be confirmed and that thus the Athlete violated Article 2.4 ADR based either on the First Charge or on the Second Charge. As to the consequences for such violation,
WA and WADA contended that the Athlete shall be sanctioned with (i) the standard two-year period of ineligibility, which does not deserve reductions based on the Athlete's degree of fault and (ii) disqualification of her results since the date of the third Whereabouts Failure, 12 April 2019.
The Athlete, seeked full confirmation of the Appealed Decision, asserting that on 12 April 2019 there was no Whereabouts Failure. Leaving aside the recharacterization as a Failing Failure, this alleged Whereabouts Failure is crucial to both the First Charge and the Second Charge as, without it, the Athlete would not incur three such failures within a twelve-month period and she could not be charged with any ADRV.
Alternatively, should the Panel find that Athlete did perpetrate an ADRV, the Athlete requested (i) that any imposed period of ineligibility be reduced, taking into account the circumstances of the case at hand, including the delays in the proceedings that led to the Notice of Charge and the Athlete's dyslexia and ADHD, and (ii) that her results be disqualified only from 4 October 2019.
The Panel finds that the 2 separate reported ADRVs against the Athlete must be considered as only one single ADRV for sanctioning purposes and that there are insufficient grounds for backdating the ineligibility period.
Further the Panel concludes that the Athlete, in all three Whereabouts Failures, has shown an unacceptable degree of nonchalance and a worryingly lackadaisical approach to her whereabouts obligations under the ADR, thereby deserving no reduction of her ineligibility period.
Therefore the Court of Arbitration for Sport decides on 30 June 2021 that:
- The appeal filed by World Athletics on 12 November 2020 against Ms Salwa Eid Naser with respect to the decision issued by the World Athletics Disciplinary Tribunal on 14 October 2020 is partially upheld.
- The appeal filed by the World Anti-Doping Agency on 30 November 2020 against World Athletics and Ms Salwa Eid Naser with respect to the decision issued by the World Athletics Disciplinary Tribunal on 14 October 2020 is partially upheld.
- The decision rendered by the World Athletics Disciplinary Tribunal on 14 October 2020 in the matter of Ms Salwa Eid Naser is set aside.
- Ms Salwa Eid Naser is sanctioned with a period of ineligibility of two years, commencing on the date of notification of this award, with credit given for the period of provisional suspension already served between 4 June 2020 and 14 October 2020.
- All competitive results obtained by Ms Salwa Eid Naser from 25 November 2019 through to the date of notification of this award shall be disqualified, with all of the resulting consequences, including forfeiture of any medals, titles, ranking points and prize and appearance money.
- The present award is pronounced without costs, except for the CAS Court Office fees of CHF 1,000 each, already paid by World Athletics and by the World Anti-Doping Agency, which are retained by the CAS.
- Ms Salwa Eid Naser shall pay CHF 5,000 (five thousand Swiss francs) to World Athletics and CHF 5,000 (five thousand Swiss francs) to the World Anti-Doping Agency as contribution towards their costs incurred in connection with these arbitration proceedings.
- All other or further motions or prayers for relief are dismissed.