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2000 Aquatics / Natation Doping Dismissed English Appeal Procedure

Parties & Representatives

Appellant: S.
Appellant Representative: Luigi Fumagalli

Arbitrators

President: Yves Fortier

Decision Information

Decision Date: October 19, 2000

Case Summary

The case revolves around a doping dispute between swimmer S. and the Fédération Internationale de Natation (FINA), adjudicated by the Court of Arbitration for Sport (CAS). The central issue involved allegations of doping based on urine samples collected from S. in January 1999, which showed a testosterone-to-epitestosterone (T/E) ratio exceeding the permissible limit of 6:1. Isotopic ratio mass spectrometry (IRMS) analysis further confirmed the presence of exogenous testosterone, a banned substance under FINA rules. The case raised questions about the validity of the IRMS analysis, the burden of proof, procedural fairness, and the retroactive application of doping rules.

S. argued that her elevated T/E ratio could be attributed to a physiological condition, specifically Polycystic Ovary Syndrome (PCOS), and contested the reliability of the IRMS results, particularly due to alleged degradation of the "B" sample. Expert testimonies were presented on both sides, with FINA's experts asserting the conclusiveness of IRMS analysis in detecting synthetic testosterone, while S.'s experts suggested alternative explanations for the abnormal results. The CAS panel ultimately rejected S.'s arguments, emphasizing that IRMS analysis provides direct and irrefutable evidence of doping, irrespective of the T/E ratio. The panel also dismissed claims of procedural unfairness, noting that S. had ample opportunity to address the IRMS evidence during the appeal.

The case also touched on the retroactive application of the IRMS Rule, with the panel concluding that it was procedural in nature and thus applicable to facts predating its formal adoption. The panel underscored the importance of scientific evidence in doping cases, highlighting that IRMS analysis is a reliable and advanced method for detecting prohibited substances. While the panel acknowledged the severity of the four-year suspension imposed on S., it found no grounds for leniency under FINA's strict anti-doping regulations. The decision reinforced the principle that accredited laboratories are presumed to adhere to scientific standards unless proven otherwise.

Ultimately, the CAS upheld FINA's ruling, confirming the doping violation and the associated sanctions, including the annulment of S.'s competitive results from the six months preceding the test. The case set a precedent for the use of IRMS analysis in anti-doping proceedings and underscored the challenges athletes face in contesting doping allegations, even when presenting medical explanations. The ruling highlighted the balance between stringent enforcement of anti-doping rules and ensuring procedural fairness in sports arbitration.

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