IOC 2010 IOC vs Kornelia Marek

Related case:
IOC 2010 IOC vs Women Polish Skiing Team
April 29, 2010

Mrs Kornelia Marek is a Polish Athlete competing in the Women 4x5km relay in Whistler at the Vancouver 2010 Olympic Winter Games.

On 4 March the International Olympic Committee (IOC) has reported an anti-doping rule violation against the Athlete after her A and B samples tested positive for the prohibited substance recombinant erythropoietin (rhEPO). After notification the Athlete filed a statement in her defence and waived her right to attend the hearing of the IOC Disciplinary Commission.

After reviewing the file and the written submission made by the Athlete, the Disciplinary Commission unanimously concluded that the Athlete had committed an anti-doping rules violation pursuant to Article 2.1 of the World Anti-Doping Code (the “Code”) and Articles 2 and 12 of the Rules in that there was the presence of the prohibited substance recombinant erythropoietin (rhEPO) in her body.

The Disciplinary Commission finds that:
- The Athlete did not enquire what type of substance was injected by her physiotherapist, Mr Trypolski, which constitutes a gross negligence on her part;
- EPO is not a light stimulant, but is a prohibited substance that reflects sophisticated, systematic and organised long term doping practices;
- The Athlete acknowledges and admits having received injections before her participation in the 2010 Olympic Winter Games.

Therefore the IOC Disciplinary Commission decides that the Athlete Ms Kornelia Marek:
1.) is disqualified from all the competitions she participated at the 2010 Olympic Winter Games, namely:
- Women 10 km free, where she had placed 39th;
- Women 15 km pursuit (7.5 km classical, 7.5 km free), where she had placed 35th;
- Women sprint relay free, where she had placed 9th;
- Women 4x5km relay , where she had placed 6th;
- Women 30 km mass start classical, where she had placed 11th.
2.) shall have her diploma in the Women’ 4x5 km relay withdrawn.
3.) The International Ski Federation (FIS) is requested to modify the results of the abovementioned events accordingly and to consider any further action within its own competence.
4.) The NOC of Poland is ordered to return to the IOC, as soon as possible, the diploma awarded to the Athlete in relation to the Women’ 4x5 km relay;
5.) This decision shall enter into force immediately.

Original document

Parameters

Legal Source
IOC Decisions
Date
29 April 2010
Arbitrator
Bach, Thomas
Fredericks, Frank
Oswald, Denis
Original Source
International Olympic Committee (IOC)
Country
Poland
Language
English
ADRV
Adverse Analytical Finding / presence
Legal Terms
Consequences to athletes / teams
Negligence
Waiver of "right to be heard"
Sport/IFs
Ski (FIS) - International Ski Federation
Other organisations
International Olympic Committee (IOC)
Polskim Komitecie Olimpijskim (PKOL) - Polish Olympic Committee
Laboratories
Montreal, Canada: Laboratoire de controle du dopage INRS-Institut Armand-Frappier
[Satellite laboratory] Vancouver (CAN)
Analytical aspects
B sample analysis
Doping classes
S2. Peptide Hormones, Growth Factors
Substances
Erythropoietin (EPO)
Medical terms
Treatment / self-medication
Various
Athlete support personnel
Disqualified competition results
Document type
Pdf file
Date generated
2 April 2014
Date of last modification
7 June 2018
Category
  • Legal Source
  • Education
  • Science
  • Statistics
  • History
Country & language
  • Country
  • Language
Other filters
  • ADRV
  • Legal Terms
  • Sport/IFs
  • Other organisations
  • Laboratories
  • Analytical aspects
  • Doping classes
  • Substances
  • Medical terms
  • Various
  • Version
  • Document category
  • Document type
Publication period
Origin