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2016 Athletics / Athlétisme Doping English Ordinary Procedure

Arbitrators

President: Jan Paulsson

Decision Information

Decision Date: April 21, 2017

Case Summary

The case involves a dispute between the International Association of Athletics Federations (IAAF) and the Russian Athletic Federation (RUSAF), along with athlete Alexandr Khiutte, over doping violations. The IAAF, as the global governing body for athletics, enforced anti-doping regulations under the World Anti-Doping Code (WADC). RUSAF was suspended by the IAAF at the time, leaving no national entity to handle doping cases in Russia, which led the IAAF to refer the matter directly to the Court of Arbitration for Sport (CAS) for a first-instance hearing. The case centered on two violations: the presence of a prohibited substance (etiocholanolone) in Khiutte’s sample and his attempted evasion of a doping control test. Under IAAF Anti-Doping Rules (ADR), strict liability applies to doping violations, meaning athletes are responsible for any prohibited substances found in their bodies, regardless of intent or negligence. Khiutte’s arguments—claiming ignorance of the substance or blaming his coach—were deemed irrelevant under this standard. The incident occurred on May 22, 2015, when a Doping Control Officer (DCO) attempted to conduct an out-of-competition test on Khiutte in Adler, Russia. Khiutte initially refused to cooperate, hung up the phone when notified, and later fled after receiving a text message, delaying the test. Despite eventually providing samples, his behavior was deemed an evasion attempt. The panel noted that even if the evasion was influenced by a third party, it did not absolve Khiutte of responsibility. The panel determined that the more severe sanction—a four-year period of ineligibility—applied, as Khiutte admitted to intentionally evading the test. The ruling underscores the strict enforcement of anti-doping regulations and the consequences of non-compliance, even in cases where athletes later submit to testing. Khiutte initially denied wrongdoing but later admitted to attempting to evade the test and acknowledged that his coach had provided him with prohibited substances, which he claimed he believed were legal. He also admitted to writing his first statement under pressure from his coach to protect the coach's reputation. The IAAF argued that Khiutte violated multiple rules, including the presence of prohibited substances in his sample, use or attempted use of such substances, evading sample collection, and tampering with doping control. The IAAF sought a four-year ineligibility period for Khiutte, disqualification of his competitive results from May 22, 2015, and financial penalties. The Russian Federation did not contest the claims, as it failed to submit an answer or written submissions. Khiutte waived his right to formally respond but provided explanations via email, admitting to the presence of prohibited substances but claiming ignorance of their illegality and coercion by his coach. The Sole Arbitrator applied a strict liability standard for the presence of prohibited substances, meaning the athlete's intent or knowledge was irrelevant. The arbitrator concluded that the IAAF had sufficiently proven the violations, leading to the imposition of sanctions as requested. The decision underscores the strict enforcement of anti-doping regulations and the limited defenses available to athletes in such cases. The Arbitrator imposed a four-year ban, starting from the date of Khiutte’s provisional suspension on August 5, 2015, and disqualified all competitive results from May 22, 2015, to August 4, 2015, including forfeiture of medals, points, and prizes. The ruling emphasized the importance of maintaining the integrity of anti-doping regulations and deterring evasion attempts, even if they are later rectified. The case highlights the athlete's initial denial, subsequent admission, and the complexities surrounding anti-doping regulations and athlete accountability. The outcome sets a precedent for similar cases involving evasion and substance use under disputed conditions.

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