CAS 2016/O/4702 International Association of International Federations (IAAF) v. All Russia Athletic Federation (ARAF) & Maksim Dyldin
Related cases:
- IOC 2016 IOC vs Maksim Dyldin
April 19, 2017 - CAS 2016_O_4854 IAAF vs RusAF & Alexander Khiutte
April 21, 2017
- Athletics (sprint)
- Doping (evading sample collection)
- CAS jurisdiction under Rule 38.3 of the IAAF Competitions Rules
- Burden and standard of proof regarding the doping violation
- Determinations of the applicable sanction
- Commencement of the period of ineligibility
1. Where a national federation is suspended by IAAF and the national anti-doping agency is suspended by WADA, no entity has jurisdiction in the relevant country to conduct a hearing in a doping case. Against this background, IAAF can take over the responsibility for coordinating the relevant disciplinary proceedings and to inform the athlete and its national federation that the case will be referred to the CAS for a hearing. In this regard, where the proceedings are based on a request for arbitration for the conduct of a first instance hearing and do not involve an appeal against a decision rendered by a sports-related body, they are considered as ordinary arbitration proceedings, within the meaning, and for the purposes, of the CAS Code. However, in accordance with Rule 38.3 of the IAAF Competitions Rules, these proceedings are handled in accordance with CAS rules applicable to the appeal arbitration procedure without reference to any time limit for appeal. Therefore, the conditions for the CAS jurisdiction under Rule 38.3 of the IAAF Competitions Rules are met.
2. IAAF has the burden to establish to the comfortable satisfaction of the relevant hearing panel that an athlete is responsible for the violation contemplated by Article 32.2(c) of the IAAF Competitions Rules (evading sample collection). The facts related to an anti-doping rule violation may be established by any reliable means. In this respect, the convincing statements of a doping control officer (DCO) and the uncontested declarations of an athlete present at the relevant time, can establish that the athlete deliberately tried to avoid the DCO to evade notification and testing without any “compelling justification” excusing his actions.
3. An athlete who evades sample collection (violating Article 32.2(c) of the IAAF Competitions Rules) is subject to a “standard” sanction of 4 years’ ineligibility, or a “reduced” sanction of 2 years’ ineligibility if the athlete can establish that the violation was not intentional (a) because he did not know that his behaviour constituted an anti-doping rule violation or (b) because (i) he did not know that there was a significant risk that the conduct in question might constitute or result in an anti-doping rule violation and (ii) did not manifestly disregard that risk. The fact for an athlete to run away when verbally notified of the doping control, to give a false name to the DCO and to be an expert of doping related matters, having undergone several tests in his career, excludes the absence of intent.
4. According to the applicable rules, the starting moment of the period of ineligibility to be imposed on the athlete is the date of the award, with credit given for the period of provisional suspension served by the athlete provided the athlete did not breach the period of provisional suspension by participating in any sporting activity.
Mr Maksim Dyldin is a Russian Athlete specialized in the 400m event and has been competing at international level since 2006.
On 22 May 2015, the athletics Doping Control Officer (DCO) visited together with her assistant the Yunost Sports Complex in Adler (Sochi, Russia) in order to test out-of-competition. The DCO reported that after notification the Athlete Maksim Dyldin refused to sign the Doping Control Form, said that he is another person, left the building and run away.
In August 2015 the International Association of Athletics Federations (IAAF) reported an anti-doping rule violation against the Athlete for evading, refusing or failing to submit to sample collection. Also the IAAF reported hereafter that the Athlete had violated the provisional suspension by participating in a training camp in Portugal with the Russian team in November and December 2015.
Another Russian Athlete, Alexander Khiutte, provided a witness statement and confirmed that the coach, Ms Zukra Vereshchagina, had instructed him and the Athlete to run away in order to evade sample collection and that the Athlete in December 2015 was training with the Russian team at a camp in Portugal.
Because the All Russia Athletic Federation (ARAF) was suspended by the IAAF the case was referred in July 2016 to the Court of Arbitration for Sport (CAS) for a first instance hearing panel procedure with the right to appeal.
The IAAF requested the Panel to impose a 4 year period of ineligibility on the Athlete for the intentional anti-doping violation and asserted that the Athlete ignored the DCO, did not comply, refused to submit to sample collection and eventually evaded it. Further the IAAF argued that the Athlete’s explanation is unconvincing, inconsistent and unsubstantiated in fact.
The Sole Arbitrator finds that the evidence establish that the Athlete deliberately tried to avoid the DCO to evade notification and testing without a compelling justification. Also the Sole Arbitrator is comfortably satisfied that the Athlete breached the provisional suspension. No credit should be given to the Athlete for any period of provisional suspension served.
Therefore the Court of Arbitration for Sport decides on 6 January 2017 that:
1.) Mr Maksim Dyldin is responsible for the anti-doping rule violation contemplated by Article 32.2(c) ("Evading, Refusing ot Failing to Submit to Sample Collection"] of the IAAF Anti-Doping and Medical Rules.
2.) Mr Maksim Dyldin is imposed the sanction of ineligibility for four (4) years starting from the date of this award.
3.) The costs of the arbitration, to be determined and served on the parties by the CAS Court Office, shall be borne by the Russian Athletics Federation (RUSAF), formerly All Russia Athletic Federation (ARAF).
4.) Mr Maksim Dyldin shall pay to the International Association of Athletics Federations (IAAF) an amount of CHF 3,000 (three thousand Swiss Francs) as a contribution toward the costs it has sustained in connection with these arbitration proceedings.
5.) All other motions or prayers for relief are dismissed.
