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2014 Wrestling / Lutte Doping Upheld English Appeal Procedure

Parties & Representatives

Arbitrators

President: James Robert Reid

Decision Information

Decision Date: November 23, 2015

Case Summary

The case involves an appeal by the World Anti-Doping Agency (WADA) against wrestler Amit and the National Anti-Doping Agency of India (NADA) concerning a doping violation. Amit, a national-level wrestler, evaded a doping test during the 32nd Junior Free-Style and Greco-Roman Male National Wrestling Championship in May 2013. After being randomly selected for testing, he refused to sign the notification form and fled the venue. He later provided a sample the next day, which showed no adverse findings. NADA issued an anti-doping violation notice, and the Anti-Doping Disciplinary Panel imposed a one-year ineligibility period starting from October 2013. Amit claimed he avoided the test due to fear of failing after consuming Red Bull, a claim accepted by the panel. WADA appealed, arguing for a stricter penalty, but the Anti-Doping Appeal Panel upheld the one-year ban.

WADA then appealed to the Court of Arbitration for Sport (CAS), asserting its right to a second appeal under the applicable rules. The standard penalty for evading a doping test is two years, but mitigation is possible if the athlete proves no significant fault or negligence. The arbitrator found that Amit’s actions—choosing not to consult his coach or a doctor and acting on incorrect advice—did not meet the threshold for no significant fault or negligence. The arbitrator also noted that delays in the hearing process, not attributable to Amit, could justify an earlier start date for the ineligibility period.

The CAS proceedings faced logistical challenges in serving documents to Amit due to his remote location. Neither Amit nor NADA submitted formal responses to WADA’s appeal, though NADA raised procedural concerns about WADA’s standing and the inclusion of NADA as a party. The case was assigned to a sole arbitrator, who determined the matter based on written submissions without a hearing. The arbitrator concluded that WADA had the right to appeal and that the initial one-year penalty was insufficient, emphasizing the seriousness of evading a doping test. The final award upheld WADA’s appeal, imposing a two-year ineligibility period backdated to October 2013, considering procedural delays.

The ruling underscores the strict liability principle in anti-doping regulations, holding athletes accountable regardless of intent or external advice. The case highlights the limited scope for leniency in evasion cases, as mitigating factors like inexperience or misinformation do not absolve athletes of responsibility. The decision reinforces WADA’s authority to appeal decisions it deems insufficiently punitive and upholds the importance of strict adherence to anti-doping rules to maintain the integrity of sports. All competitive results obtained by Amit from May 2013 through the suspension period were annulled, including titles, medals, and prize money. The case serves as a reminder of the stringent penalties for anti-doping violations and the necessity for athletes to comply with testing protocols.

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