Related case:
CAS 2023_A_9926 Kanak Jha vs USADA
November 28, 2023
In December 2022 the United States Anti-Doping Agency (USADA) reported an anti-doping rule violation against the table tennis player Kanak Jha for this 3 whereabouts filing failures and 3 missed tests within a 12 month period. The Athlete missed 3 tests on 18 March 2022, 2 June 2022 and on 4 September 2022.
Following notification a provisional suspension was ordered. The Athlete filed a statement in his defence and he was heard for the American Arbitration Association Commercial Arbitration Tribunal.
USADA contended that on 4 September 2022 the Doping Control Officer (DCO) was unsuccesful in locating the Athlete at his listed address in Germany, nor was his phone call to the Athlete. Thereupon he could not locate the Athlete at his training centrum, neither at his new listed address.
The Athlete did not dispute the missed tests on 18 March and 2 June 2022 wheras he challenged the missed test on 4 September 2022. He argued that the DCO on 4 September 2022 did not do what was reasonable in the circumstances to locate him for testing.
The Athlete acknowledged that on 4 Septermber 2022 he had listed his old address for his 60-minute window, yet he denied that he had received a phone call from the DCO. He demonstrated that the DCO was unable to contact him by using a German phone because for his listed American phone number the DCO first had to dial the international country code.
The Arbitrator assessed the evidence in this case and concludes that:
- The DCO did what was reasonable in the circumstances at the listed address to locate and collect a sample from the Athlete.
- Under the ITA instructions the DCO was not required to make a phone call in order to locate the Athlete.
- USADA has established that the Athlete has committed an anti-doping rule violation by missing 3 tests within a 12 month period.
- The Athlete acted with a light degree of fault.
Therefore the AAA Tribunal decides on 15 March 2023 to impose a 12 month period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 1 December 2022.
