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2019 Athletics / Athlétisme Doping Upheld English Anti-doping Procedure

Parties & Representatives

Appellant Representative: Jean-Pierre Morand
Respondent: Stanislau Tsivonchyk

Arbitrators

President: Jens Evald

Decision Information

Decision Date: August 14, 2019

Case Summary

The case centers on an anti-doping rule violation by Belarusian pole vaulter Stanislau Tsivonchyk during the 2012 London Olympics. The International Olympic Committee (IOC) initiated arbitration proceedings after re-analysis of Tsivonchyk’s urine sample, collected in 2012, detected Dehydrochlormethyltestosterone (oral turinabol), a banned anabolic steroid under the World Anti-Doping Code (WADC). The Court of Arbitration for Sport (CAS) Anti-Doping Division (ADD) had jurisdiction over the case, applying the WADC and relevant anti-doping regulations, with Swiss law as a supplementary framework. The sample, initially cleared in 2012, was re-tested in 2018 by the Lausanne Laboratory, confirming the presence of the prohibited substance. The International Testing Agency (ITA), representing the IOC, notified Tsivonchyk of the adverse analytical finding (AAF) and charged him with a violation. Despite multiple attempts to involve him in the proceedings, including courier and email communications, Tsivonchyk did not respond or participate in the arbitration process. The Sole Arbitrator, Prof. Jens Evald, proceeded without a hearing, as neither party requested one, and based the decision on submitted evidence.

The IOC argued that the presence of the prohibited substance constituted a violation under Article 2.1.2 of the WADC, warranting sanctions. The arbitrator’s decision, issued on 14 August 2019, affirmed the ADD’s authority and the validity of the testing process. It emphasized the strict enforcement of anti-doping rules, even years after sample collection, and highlighted the procedural challenges when athletes fail to engage in proceedings. The ruling confirmed Tsivonchyk’s violation under both Articles 2.1 and 2.2 of the WADC, leading to the disqualification of his results from the 2012 Olympics under Article 7.1 of the IOC Anti-Doping Rules. This included forfeiting any medals, diplomas, points, or prizes he had earned. The decision also noted the possibility of an appeal to the CAS Appeals Arbitration Division within 21 days, though all other requests for relief were dismissed. The case underscores the zero-tolerance policy against doping in Olympic sports and the importance of sample retention and re-testing in maintaining fair competition. The disqualification of Tsivonchyk’s results stands as a final and binding outcome.

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