CAS 2017/O/5331 International Association of Athletics Federations (IAAF) v. Russian Athletic Federation (RUSAF) and Ekaterina Volkova
Related case:
IOC 2016 IOC vs Ekaterina Volkova
October 19, 2016
- Athletics (middle & long distance)
- Doping (dehydrochlormethyltestosterone)
- CAS jurisdiction under Article 38.3 of the IAAF Competition Rules
- Determination of the substantive and procedural laws applicable to an anti-doping rule violation-related dispute
- Recognition by the IAAF and its members of a final and binding IOC’s adjudication
- Assessment of the duration of a period of disqualification of results following a sample re-testing
1. In view of the suspension-based inability of the RUSAF to conduct the hearing process described in Rule 38.3 of the IAAF Competition Rules (IAAF CR, edition 2016-2017), the relevant athlete’s status of International-Level Athlete and her tacit acceptance of the procedure described therein, the IAAF is entitled on the basis of the aforementioned Rule to refer the athlete’s case to CAS so that it is heard in the first instance by a sole arbitrator.
2. Pursuant to art. 21.3 of the IAAF Anti-Doping Rules (IAAF ADR), which entered into force on 3 April 2017 (art. 1.13 of the IAAF ADR), an anti-doping rule violation (ADRV) committed prior to said date is in principle subject, for substantive matters, to the rules in place at the time of the alleged anti-doping rule violation and, for procedural matters, to the version of the rules in place immediately prior to 3 April 2017. Additional provisions or principle set forth in said article (may) apply depending on the particularities of a case.
3. Pursuant to Rule 46.2 of the 2016-2017 IAAF CR, IOC’s adjudications resulting in the finding of an ADRV having occurred at the Olympic Games shall inter alia be recognised by the IAAF and the IAAF members once said adjudication has become final under the applicable law.
4. According to the wording of Rule 39.4 of the 2008 IAAF CR, the disqualification of specific results obtained by an athlete having been found guilty of an ADRV is the main rule, whereas applying the notion of “fairness” to the duration of such period of disqualification would be an exception. The factors to be assessed in the “fairness” test include, but are not restricted to, the athlete’s intent and degree of fault as well as the length of the disqualification period.
Ms. Ekaterina Volkova is a Russian Athlete competing in the Womens’s 3000m steeplechase event at the Beijng 2008 Olympic Games.
In 2016, the IOC decided to perform further analyses on certain samples collected during the 2008 Olympic Games. These additional analyses were performed with analytical methods which were not available in 2008.
As a result in May 2016 the International Olympic Committee reported an anti-doping rule violation against the Athlete after her 2008 A and B samples tested positive for the prohibited substance dehydrochlormethyltestosterone (Turinabol). After notification by the IOC the Athlete failed to respond.
The IOC Disciplinary Commission decided on 19 October 2016 that the Athlete committed an anti-doping rule violation and to disqualify his results including withdrawn of her medal, the medallist pin and the diploma. The case of the Athlete was then referred to the IAAF for the imposition of consequences over and above those related to the Games.
In November 2016 the International Association of Athletics Federations (IAAF) was informed by the IOC about the Athlete’s positive test results. After notification in November 2016 a provisional suspension was ordered by the IAAF. Here the Athlete also failed to respond to the IAAF communications.
Because the Russia Athletic Federation (RusAF) was suspended by the IAAF the case was referred in September 2017 to the Court of Arbitration for Sport (CAS) for a first instance hearing panel procedure with the right to appeal.
The IAAF contended that in accordance with the IOC decision of 19 October 2017 the Athlete committed an anti-doping rule violation and requested the Sole Arbitrator to impose a 2 year period of ineligibility on the Athlete including disqualification of her results.
Although duly invited neither RusAF or the Athlete responded to the CAS communications, nor did they file any statement in their defence.
The Sole Arbitrator determines that the IAAF has presented two Doping Control Reports issued by the WADA accredited Laboratory dated 4 May 2016 and 28 June 2016. According to said reports, the Laboratory detected the presence of DHCMT metabolites in the Athlete's A- and B1-samples. Considering that the Athlete has not disputed the Laboratory's finding, the Sole Arbitrator is comfortably satisfied that the Athlete has violated Rule 32.2(a) of the 2008 IAAF Rules and thus committed an anti-doping rule violation.
This finding is consistent with the IOC Disciplinary Commission's finding. The Sole Arbitrator deems it justified to disqualify all of the Athlete's results obtained within two years from the collection of the sample in question.
Therefore the Court of Arbitration for Sport decides on 3 May 2018 that:
1.) The Request for Arbitration filed by the International Association of Athletics Federations (IAAF) on 22 September 2017 against the Russian Athletics Federation and Ms Ekaterina Volkova is upheld.
2.) A period of Ineligibility of two (2) years is imposed on Ms Ekaterina Volkova starting from 15 December 2016.
3.) All results achieved by Ms Ekaterina Volkova on 17 August 2008 through to 16 August 2010 are disqualified (including forfeiture of any titles, awards, medals, points and prize and appearance money obtained during this period).
4.) The costs of the arbitration, to be determined and served to the parties by the CAS Court Office, shall be borne entirely by the Russian Athletics Federation.
5.) Ms. Ekaterina Volkova shall bear her own costs and is ordered to pay to the International Association of Athletics Federations the amount of CHF 2,000 (two thousand Swiss Francs) as a contribution towards the legal fees and other expenses incurred in connection with these arbitration proceedings.
6.) The Russian Athletics Federation shall bear its own costs.
7.) All other and further prayers or request for relief are dismissed.
