The case involves Russian cross-country skier Evgenia Shapovalova challenging her provisional suspension by the International Ski Federation (FIS) due to alleged involvement in doping activities during the 2014 Sochi Winter Olympics. The suspension was based on evidence from the McLaren Report, which detailed a state-sponsored doping scheme in Russia involving urine sample manipulation and falsified test results. The Court of Arbitration for Sport (CAS) panel examined the legal standards for imposing and lifting provisional suspensions under the FIS Anti-Doping Rules (ADR). The panel emphasized that provisional suspensions require a "reasonable possibility" of an anti-doping rule violation (ADRV), a lower threshold than the "comfortable satisfaction" standard for proving an ADRV. The burden of proof for imposing a suspension must be based on individualized suspicion, not unsubstantiated claims. To lift a suspension, the athlete must demonstrate no reasonable prospect of an ADRV succeeding, lack of fault or negligence, or other clearly unfair circumstances.
Shapovalova argued that her fundamental rights, including due process and personality rights, were violated, but the panel clarified that provisional suspensions do not equate to formal charges or convictions and thus do not violate the presumption of innocence. The panel found the suspension proportionate, balancing the athlete's rights against the federation's interest in ensuring doping-free competition. The evidence against Shapovalova, including her alleged involvement in a urine-swapping scheme and her name appearing on lists of athletes authorized to use a "boosting cocktail," was deemed sufficient to establish a reasonable possibility of an ADRV. However, the panel ruled that the suspension should not be indefinite, setting a 10-month limit to ensure legal certainty. After this period, FIS could seek a further suspension if justified by new developments.
The McLaren Report, commissioned by the World Anti-Doping Agency (WADA), revealed a systematic doping program involving Russian state entities, including the Ministry of Sport and the FSB. The report identified hundreds of athletes who benefited from manipulated test results, with evidence of tampering in urine samples from the Sochi Games. Shapovalova was provisionally suspended in December 2016 based on indications of sample tampering. She challenged the suspension, arguing the evidence was insufficient and that she had no knowledge of any manipulation. The FIS Doping Panel upheld the suspension, citing the need to protect competition integrity pending further investigation.
Shapovalova appealed to CAS, contesting the reliability of the McLaren Report and its lack of individualized evidence. She also disputed the relevance of the "Duchess List" and "Medals-by-Day List," which allegedly linked her to the doping scheme. The panel acknowledged the report's limitations but found that the combination of these lists and forensic evidence of sample tampering met the "reasonable possibility" standard for a provisional suspension. The panel rejected Shapovalova's arguments that her rights were infringed, noting that Swiss law grants sports associations discretion in disciplinary matters and that provisional suspensions are interim measures, not punitive sanctions.
The panel concluded that the suspension was justified but imposed a time limit, reflecting the provisional nature of the measure and the need for fairness. The suspension was set to expire on 31 October 2017, after which FIS could seek a new suspension if warranted by additional evidence. The decision balanced the athlete's rights with the federation's responsibility to maintain clean competition, acknowledging the challenges of addressing systemic doping while ensuring procedural fairness. The panel's ruling underscored the importance of individualized assessment in provisional suspensions and the need for proportionality in anti-doping measures.