CAS 2001/A/328 F. / International Sports Organization for the Disabled (ISOD), International Paralympic Committee (IPC), Disabled Sports USA (DS/USA)
- Doping (nandrolone)
- Stay of the execution of a sanction
The Appellant, is a Parathlete affiliated to Disabled Sports USA (DS/USA), competing at the 11th Paralympic Summer Games in Sydney.
In October 2000 at the Paralympic Summer Games in Sydney the Athlete tested positive for the prohibited substance Nandrolone i a low concentration. Consequently on 29 October 2000 the International Paralympic Committee (IPC) decided to impose a 4 year period of ineligibility on the Athletet including the 12th Paralympic Summer Games in 2004.
The CAS Panel establishes that in the instant case a hearing of the Appeal cannot take place prior to the 10 August 2001 because the IPC’s offices will be closed and the IPC representatives will not be able to respond and/or participate until that date.
The Panel finds that if the Appellant’s request for provisional relief is denied, he will be ineligible to compete in the International Challenge Track and Field Championship even if he is successful in his appeal of the decision of DS/USA; The interests of the Respondents in maintaining the suspension would appear to be minimally affected by the granting of limited interim relief.
The Court of Arbitration for Sport decides on 3 August 2001:
1.) Grants the request for a stay of the suspension of F. until the final award.
2.) States that the present order is pronounced without costs.