The case involves Danilo Decembrini, an Italian roller sports athlete, who appealed a doping sanction imposed by the Fédération Internationale de Roller Sports (FIRS) after testing positive for 3’ hydroxystanozolol glucuronide, a metabolite of stanozolol, a prohibited substance under the World Anti-Doping Agency (WADA) list. The FIRS Doping Review Panel found him guilty and imposed a two-year suspension. Decembrini appealed to the Court of Arbitration for Sport (CAS), not contesting the violation but seeking the cancellation or reduction of his suspension. The proceedings faced initial delays due to language preferences, with the Respondent requesting English translations while the Appellant preferred French. The Sole Arbitrator, Mr. Romano Subiotto QC, ruled that since Decembrini did not contest the violation, the CAS could only review the sanction. The burden of proof shifted to Decembrini to demonstrate how the prohibited substance entered his system and to prove either no fault or negligence or no significant fault or negligence.
Decembrini argued that the substance entered his system through contamination from an amino acid preparation prescribed by his doctor, Dr. Porcellini, and prepared at Farmacia Rivazzurra, a pharmacy known to handle prohibited substances. He presented evidence, including a pharmacy declaration and expert opinions, suggesting accidental contamination due to shared equipment. The Sole Arbitrator acknowledged the plausibility of contamination given the low concentration of the substance and the impracticality of intentional use over a short period. However, the arbitrator emphasized that professional athletes must exercise utmost caution, especially given repeated warnings about contamination risks in supplements. Decembrini and Dr. Porcellini failed to conduct adequate due diligence on the pharmacy’s practices, such as verifying cleaning protocols or investigating its handling of prohibited substances. The arbitrator noted that athletes cannot absolve themselves of responsibility by relying solely on their support staff and must proactively ensure compliance with anti-doping regulations.
The Respondent, FIRS, opposed any reduction in the suspension, arguing there was no conclusive evidence of contamination and that the low substance concentration could result from deliberate ingestion. They highlighted Decembrini’s negligence in choosing a pharmacy with known ties to prohibited substances and his failure to verify the supplement’s safety. The Sole Arbitrator concluded that while contamination was likely unintentional, Decembrini’s failure to exercise due care constituted significant negligence, preventing a full exoneration. The arbitrator upheld the two-year suspension, effective from September 21, 2014, and annulled all competitive results during that period. The appeal was dismissed, and all other claims for relief were rejected.
The case underscores the strict liability principle in anti-doping regulations, where athletes are accountable for substances in their bodies regardless of intent. It highlights the high standard of care expected from professional athletes and the importance of rigorous verification of any supplements or medications they consume. The ruling reinforces that athletes cannot rely solely on trust in their medical or support staff and must take proactive steps to avoid violations. The decision also clarifies the jurisdictional and procedural aspects of CAS appeals, confirming its authority to adjudicate such disputes under the FIRS Anti-Doping Policy and the World Anti-Doping Code. The outcome serves as a reminder of the stringent requirements for proving reduced fault in doping cases and the limited circumstances under which sanctions may be mitigated.