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2017 Bobsleigh Doping Partially Upheld English Appeal Procedure

Parties & Representatives

Arbitrators

President: Christoph Vedder

Decision Information

Decision Date: February 1, 2018

Case Summary

The Court of Arbitration for Sport (CAS) case involving Alexander Kasyanov and the International Olympic Committee (IOC) centered on allegations of anti-doping rule violations (ADRVs) during the 2014 Sochi Winter Olympics. The case emerged from a broader investigation into systemic doping by Russian athletes, which uncovered a sophisticated scheme involving urine sample substitution, tampering, and the use of prohibited substances. The IOC Disciplinary Commission (IOC DC) found Kasyanov guilty of multiple ADRVs, including the use of prohibited substances and methods, tampering with doping control, and complicity in a cover-up. Kasyanov appealed the decision, leading to a comprehensive review by the CAS panel.

The panel examined the evidence, including forensic analyses of urine samples, which revealed abnormally high sodium levels and signs of tampering on sample bottles. Expert testimonies, particularly from Dr. Grigory Rodchenkov, detailed the sample-swapping process and the use of a performance-enhancing "Duchess Cocktail." The panel applied the "comfortable satisfaction" standard of proof, requiring cogent evidence to establish violations. While the panel confirmed Kasyanov's use of a prohibited method (urine substitution) and a prohibited substance under Article 2.2 of the World Anti-Doping Code (WADC), it found insufficient evidence to support charges of tampering or complicity under Articles 2.5 and 2.8.

The panel criticized the IOC DC's reliance on circumstantial evidence and broad inferences, emphasizing the need for individualized proof of violations. It concluded that Kasyanov's actions were self-interested and did not involve assisting others, thus negating complicity charges. Regarding sanctions, the panel deemed the IOC's lifetime ban disproportionate, instead imposing ineligibility for the 2018 PyeongChang Winter Games. The panel also disqualified Kasyanov's results from the Sochi Games, affecting his team's standings in the 2-Man and 4-Man bobsleigh events.

The case highlighted the challenges of adjudicating large-scale doping scandals, balancing the need for rigorous evidence with the procedural limitations faced by sports governing bodies. The panel's decision underscored the importance of fairness and proportionality in sanctions, ensuring that penalties align with the severity of proven violations. Ultimately, the ruling affirmed Kasyanov's individual ADRVs while rejecting broader allegations, maintaining the integrity of the anti-doping process.

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