FEI 2023 FEI vs Katarzyna Milczarek

In September 2022 the International Equestrian Federation (FEI) reported an anti-doping rule violation against the Polish rider Katarzyna Milczarek after her sample tested positive for Testosterone and its metabolites.

Following notification a provisional suspension was ordered. The Athlete filed a statement in her defence and the FEI tribunal rendered a decision based on the written submissions of the Parties.

The Athlete gave a prompt admission, denied the intentional use of the substance and requested for a reduced sanction. She explained with evidence that the source of the postive test was her medication she had used as treatment for her diagnosed condition.

The Athlete asserted that she had mentioned her medication on the Doping Control Form and that prior she had not received anti-doping education. She was unaware that this medication contained a prohibited substance, neither that she needed a valid TUE.

The Athlete made an application for a retrospective TUE for Prasterone. However this application was denied in February 2023 due to the medication was deemed not appropriate as treatment for her condition.

FEI accepted that the Athlete's violation was not intentional and that she had demonstrated with evidence how the prohibited substance had entered her system. Following assessment of the Athlete's conduct and the filed evidence FEI determines that she acted with No Significant Fault or Negligence.

The Panel agrees that the Athlete's violation was not intentional. Further the Panel concludes that she acted with No Significant Fault or Negligence and that there are grounds for a reduced sanction.

Therefore the FEI Tribunal decides on 11 March 2024 to impose only a 16 month period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 27 September 2022.

Original document

Parameters

Legal Source
Decisions International Federations
Date
11 March 2024
Arbitrator
Pitts, Diane
Original Source
International Equestrian Federation (FEI)
Country
Poland
Language
English
ADRV
Adverse Analytical Finding / presence
Legal Terms
Burdens and standards of proof
Case law / jurisprudence
Circumstantial evidence
No intention to enhance performance
No Significant Fault or Negligence
Period of ineligibility
Prompt / Timely Admission
Sole Arbitrator
Sport/IFs
Equestrian (FEI) - International Equestrian Federation
Laboratories
Oslo, Norway: Norwegian Doping Control Laboratory
Doping classes
S1. Anabolic Agents
Substances
Prasterone (dehydroepiandrosterone, DHEA, 3β-hydroxyandrost-5-en-17-one)
Testosterone
Medical terms
Hormone replacement therapy (HRT)
Legitimate Medical Treatment
Therapeutic Use Exemption (TUE)
Various
Education
Document type
Pdf file
Date generated
20 March 2024
Date of last modification
21 March 2024
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  • Legal Terms
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  • Doping classes
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  • Various
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