The case involves Romanian marathon runner Simona Raula Maxim, who appealed a four-year doping ban imposed by the Romanian National Anti-Doping Agency (RADA) to the Court of Arbitration for Sport (CAS). The dispute centered on allegations that Maxim evaded a doping test and subsequently tested positive for recombinant erythropoietin (EPO), a prohibited substance under the World Anti-Doping Agency (WADA) 2013 Prohibited List. The key facts indicate that Maxim was informed of an upcoming doping test scheduled for August 1, 2013, at her training camp. However, she left the camp on July 30, 2013, citing her father’s illness, despite being warned that her absence would disqualify her from an upcoming competition. She later underwent testing on August 5, 2013, which revealed the presence of EPO in her sample. Maxim denied knowingly taking EPO and challenged the validity of the test results, arguing potential mishandling of her sample.
The CAS panel, led by Sole Arbitrator Conny Jörneklint, examined whether RADA met its burden of proof to establish an anti-doping rule violation. The panel found that RADA demonstrated Maxim intentionally evaded the initial test without compelling justification. Regarding the EPO finding, the panel noted that EPO cannot be naturally produced by the body and must be administered externally, dismissing claims of sample tampering or mishandling as implausible explanations for the adverse result. The panel also considered Maxim’s evasion of the doping control as an aggravating factor warranting an increased sanction but deemed the four-year ban excessive based on CAS precedent. Instead, it ruled that her participation in a deliberate doping scheme and evasion of detection justified a sanction beyond the standard two years but not the full four years imposed by RADA.
The CAS proceedings were conducted based on written submissions, with both parties presenting their arguments. Maxim sought the annulment of RADA’s decision, while RADA defended its findings and sanction. The arbitrator ultimately upheld the anti-doping violation but adjusted the sanction duration to two years and nine months, emphasizing the seriousness of intentional doping and evasion while aligning the penalty with established jurisprudence. The case underscores the strict liability principle in anti-doping regulations, where athletes are responsible for any prohibited substances in their systems, regardless of intent. The final decision balanced the need for deterrence with proportionality in sanctions, disqualifying all competitive results achieved by Maxim from August 5, 2013, and forfeiting any medals, points, and prizes earned during that period. The ruling highlights the consequences of deliberate violations and the importance of strict adherence to anti-doping protocols.