Related case:
IOC 2017 IOC vs Teja Gregorin (Vancouver Olympiad)
December 18, 2017
Ms. Teja Gregorin is a Slovene Athlete competing in the Women’s Biathlon events at the Vancouver 2010 Olympic Games.
In 2017, the International Olympic Committee (IOC) decided to perform further analyses on certain samples collected during the 2010 Olympic Games. These additional analyses were performed with analytical methods which were not available in 2010. As a result in September 2017 the IOC reported an anti-doping rule violation against the Athlete after her 2010 A and B samples tested positive for the prohibited substance GHRP-2. Here the Athlete failed to file a statement in her defence.
Based on the reanalysis and the Athlete's acceptance of these results the IOC Disciplinary Commission decided on 18 December 2017 to disqualifty the Athlete from the events she participated at the 2010 Olympic Games including withdrawal of diplomas.
The IOC notified and transferred the case to the International Biathlon Union (IBU) to open proceedings against the Athlete and a provisional suspension was ordered. The Athlete filed a statement in her defence and waived her right to be heard for the IBU Anti-Doping Hearing Panel. The Panel rendered a decision based on the submissions of the parties.
The IBU recognized the IOC test results as valid, contended that the anti-doping rule violation was reported within the time limit of 8 years and requested the Panel to impose a 2 year period of ineligibility on the Athlete.
The Athlete requested the Panel not to impose a sanction, to uphold the results of the Slovenian Team at the 2010 Olympic Games and only to disqualify her results. The Athlete accepted the test results and denied that she was guilty of an anti-doping rule violation. She asserted that she was tested 35 times since 2010 without issues and her blood passport was clean. She argued that the 8 year limitation period has expired regarding the proceedings against her and there were substantial delays not attributed to the Athlete.
The Panel holds that the Athlete was notified about the anti-doping rule violation within the 8 year limitation period and that the test results establish the presence of a prohibited substance. Accordingly the Panel concludes that the Athlete committed an anti-doping rule violation. The Panel deems that the Athlete failed to invoke any facts or presented any arguments justifying the elimination or a reduction of the ineligibility period. The Panel rejects the arguments that there was a timely admission or that there were substantial delays since the reanalysis of samples is provided and justified by the IBU ADR 2009.
Therefore the Panel decides on 28 September 2018:
1) Ms. Teja Gregorin is found to be guilty of an anti-doping rule violation in the form of the presence of a prohibited substance in accordance with Article 2.1 of the IBU ADR 2009.
2) Ms. Teja Gregorin is declared ineligible for a period of two years commencing on the date of this decision, with the period of provisional suspension, i.e. as of 4 October 2017, credited.
3) Apart from the Vancouver Games, to which the IBU does not have jurisdiction and to which this ADHP decision does not pertain, all competitive results obtained by Ms: Teja Gregorin from 7 February 2010 to 6 February 2012 are disqualified, with all resulting consequences in accordance with Article 10.8 of the IBU ADR 2009.
4) The IBU's and Ms. Teja Gregorin's requests for costs are dismissed.
