The case involves Guillermo Bertola, an Argentine swimmer, and the Fédération Internationale de Natation (FINA), the international governing body for aquatic sports, regarding an anti-doping rule violation (ADRV). Between 2013 and 2019, Bertola underwent out-of-competition blood testing as part of FINA’s registered testing pool. An Expert Panel reviewed his blood profile and concluded it was highly likely he had used a prohibited substance or method, specifically noting abnormalities consistent with blood manipulation in a sample taken on January 31, 2018. Bertola was notified of a potential ADRV in December 2019. Initially, he offered explanations such as altitude training and illness, but these were dismissed by the Expert Panel. In February 2020, Bertola admitted to receiving a blood transfusion from his mother, a prohibited method under the World Anti-Doping Agency (WADA) Code. FINA charged him with an ADRV under Article 2.2 of its Doping Control Rules and provisionally suspended him. After a hearing in May 2020, the FINA Doping Panel imposed a four-year ineligibility period starting January 20, 2020, and disqualified his results from January 23, 2018.
Bertola appealed to the Court of Arbitration for Sport (CAS) in July 2020, seeking a reduced sanction due to his prompt admission. The CAS panel was formed, and proceedings were suspended as the parties negotiated a settlement. By October 2020, they reached an agreement, which Bertola and FINA requested the CAS to formalize as a consent award under Article R56 of the CAS Code. The settlement acknowledged the intentional nature of the ADRV but agreed to backdate the ineligibility period by 15 months to October 20, 2018, due to Bertola’s immediate admission of the violation. This adjustment reduced the disqualification period to results between January 23, 2018, and October 19, 2018. The CAS panel reviewed the settlement to ensure it was bona fide and not contrary to public policy before issuing the consent award on January 25, 2021, thereby endorsing the agreed terms. The final terms included the athlete’s admission of the violation, the adjusted ineligibility period ending on October 19, 2022, and the disqualification of competitive results during the specified timeframe, with each party bearing their own legal costs.
The case highlights the CAS’s role in facilitating settlements while ensuring they comply with legal and ethical standards. The consent award mechanism allows parties to enforce agreements more effectively, provided the settlement is genuine and adheres to anti-doping regulations. The panel’s duty to verify the settlement’s integrity ensures the process is not misused. Ultimately, Bertola’s sanction remained a four-year ineligibility but was backdated, reflecting his cooperation and admission of the violation. The decision underscores the balance between enforcing anti-doping rules and recognizing mitigating factors in disciplinary cases. The CAS confirmed its jurisdiction over the dispute, ratified the agreement, and incorporated its terms into a binding Consent Award, finalizing the resolution of the dispute.