The Court of Arbitration for Sport (CAS) issued a ruling on 7 November 2016 in the case involving FIFA, CONMEBOL, and professional footballer Brian Fernández, who tested positive for cocaine during a match on 28 May 2015. The case centered on whether Fernández's violation of FIFA's Anti-Doping Regulations (ADR) warranted a reduced sanction due to his claim of recreational use unrelated to sports performance. The CAS panel, composed of Prof. Ulrich Haas, Prof. Luigi Fumagalli, and Mr. José Juan Pintó, examined key legal issues, including the standard period of ineligibility for non-intentional violations and the applicability of reductions based on no fault or negligence or no significant fault (NSF).
Fernández admitted to cocaine use but argued for leniency, citing personal struggles, addiction treatment, and the principle of ne bis in idem (double jeopardy). CONMEBOL's Disciplinary Unit initially imposed a two-year suspension, with the second year conditionally suspended pending monthly doping tests. FIFA appealed this decision, seeking a full two-year ban, while Fernández argued for a reduced sanction. The panel determined that Fernández's violation was non-intentional, as cocaine is prohibited only in-competition, and thus the standard two-year ban under Article 19(2) of FIFA ADR applied. The panel rejected the "No Fault or Negligence" argument since Fernández knowingly consumed cocaine but considered whether NSF could apply, requiring an assessment of his behavior against a "reasonable person" standard.
The panel referenced CAS jurisprudence on negligence categories (light, normal, and significant), noting that only light or normal negligence permits sanction reductions. It also examined the distinction between recreational and performance-enhancing drug use, aligning with World Anti-Doping Agency (WADA) guidelines. While acknowledging Fernández's personal difficulties, including family issues and emotional distress, the panel found inconsistencies in his testimony regarding the frequency of cocaine use, undermining his credibility. Expert testimony confirmed his regular consumption and addiction, suggesting a habitual pattern rather than isolated incidents.
Ultimately, the panel concluded that Fernández's actions warranted a reduction under NSF, balancing his subjective circumstances with the objective standard of care expected from athletes. It imposed an 18-month suspension, citing light to normal negligence, and credited the provisional suspension served since 9 July 2015. The ruling upheld the strict liability principle in anti-doping regulations while recognizing mitigating factors. The CAS partially upheld FIFA's appeal, overturning CONMEBOL's conditional suspension and imposing the 18-month ban, effective from the decision date. The case clarified the legal framework for doping sanctions, particularly for non-intentional violations involving recreational drug use, and reinforced the need for athletes to exercise caution to avoid violations. The decision underscores the balance between regulatory compliance and individual circumstances in disciplinary matters.