The case revolves around Jonathon Millar, a Canadian elite show-jumper, who appealed a doping violation decision by the Fédération Equestre Internationale (FEI). The dispute began when Millar tested positive for exogenous DHEA, a prohibited substance, during a random in-competition doping control in June 2011. The FEI notified Millar of the Anti-Doping Rule Violation (ADRV) in August 2011, leading to a provisional suspension. The FEI Tribunal later imposed a permanent suspension until August 2013, which Millar contested. Millar's defense centered on his medical condition, DHEA deficiency syndrome, diagnosed in 2008 after his mother's death from cancer severely affected his health. His doctor prescribed DHEA-s, a prohibited substance, and Millar, aware of its status, sought a Therapeutic Use Exemption (TUE) from the Canadian Center for Ethics in Sport (CCES). Despite submitting medical documentation, his TUE application was denied due to insufficient evidence, though Millar claimed he never received the denial notice. He continued using DHEA-s, believing his health justified it, and later sought a TUE through the FEI via his national federation, Equine Canada. However, the FEI was not formally notified until December 2009, and Millar continued competing while using the substance.
The legal issue focused on whether Millar's period of ineligibility could start earlier under FEI Anti-Doping Rules, given his prompt admission of the violation. The Panel considered his medical circumstances, procedural delays in his TUE application, and his cooperation. Ultimately, the Panel upheld the suspension but acknowledged the unique context of Millar's case, including his health struggles and administrative oversights in the TUE process. The decision reflects the balance between strict anti-doping enforcement and recognizing mitigating factors in exceptional cases. Millar's case highlights the complexities of TUE applications, athlete responsibility for prohibited substances, and the consequences of inadvertent doping violations. The FEI Tribunal ruled in March 2013 that Millar had committed an ADRV without significant fault or negligence and imposed a two-year ineligibility period, a fine, and legal costs. Millar appealed to the Court of Arbitration for Sport (CAS), seeking a review of the decision.
The CAS Panel considered whether Millar's admissions qualified as voluntary under Article 10.5.4 of the anti-doping rules, which could reduce his suspension. Millar argued that his admissions, made in 2008 and 2009 through his father and communications with Equine Canada and the FEI, met the criteria for a voluntary admission. The FEI countered that Millar’s disclosures were part of a TUE application, not an acknowledgment of wrongdoing, and emphasized his continued use of DHEA-s without a TUE. The CAS ruled that Millar’s admission, made when confronted by the FEI, qualified under Article 10.9.2, allowing his ineligibility period to start earlier. The CAS adjusted his penalty, reducing the fine and exonerating him from certain costs, while upholding part of the appeal. The decision underscores the importance of timely admissions and fair procedures in anti-doping cases. The ruling concludes by dismissing all other relief requests, effectively closing the matter. The case illustrates the challenges of balancing strict anti-doping enforcement with fairness for athletes facing exceptional circumstances.