CAS 2022/A/8978 Natalia Kropska v. Polish Anti-Doping Agency (POLADA)
In October 2022 the Polish Anti-Doping Agency (POLADA) reported an anti-doping rule violation against the judoka Natalia Kropska after her sample tested positive for the prohibited substance Furosemide. Thereupon the POLADA Disciplinary Panel decided on 27 April 2022 to impose a 2 year period of ineligibility on the Athlete.
Hereafter in June 2022 the Athlete appealed the POLADA Decision with the Court of Arbitration for Sport (CAS). The Athlete requested the Panel to set aside the Appealed Decision and to reinstate her to sports.
The Athlete denied the intentional use of the the substance and asserted that there had been fundamental departures of the ISTI.
- During the Doping Control the Doping Control Officer (DCO) did not comply with the Partial Sample Collection Process.
- The Doping Control was not organized in a manner required by the ISTI.
- The DCO blatant disregarded fundamental procedural safeguards during the Athlete's Doping Control.
- There was outside or environmental contamination of her sample.
- These proven departures from the ISTI could reasonably have caused the positive test result.
- The DCO breached the ISTI knowingly and intentionally.
POLADA contended that the Athlete committed an anti-doping rule violation and failed to demonstrate that the alleged departures from the ISTI reasonably have caused the postive test result. Moreover the Athlete failed to produce any evidence to support the alleged outside or environmental contamination of her sample.
The Sole Arbitrator assessed and addressed the Parties evidence and arguments and determines that:
- The presence of the prohibited substance Furosemide has been established in the Athlete's sample.
- The DCO who obtained the sample of the Athlete violated provisions of the ISTI including general and specific provisions on the Collection of Urine Samples.
- The Athlete has not established grounds for an automatic invalidation of the test results.
- None of the ISTI departures, or other circumstances surrounding the Athlete's Doping Control can reasonably explain the Furosemide found in the Athlete's sample.
- The Athlete’s alleged contamination scenarios are solely hypothetical without concrete reference to a possible course of the contamination.
- The Athlete has not established that the alleged scenarios (based on the undisputed ISTI Departures) could have reasonably caused the ADRV.
- The Athlete committed the ADRV contemplated by Article 2.1 of the POLADA ADR.
Therefore the Court of Arbitration for Sport decides on 3 October 2023 that:
1.) The appeal filed by Ms. Natalia Kropska on 21 June 2022 against the Anti-Doping Agency of Poland with respect to the decision rendered on 27 April 2022 and notified with grounds on 1 June 2022 by the Disciplinary Panel of POLADA is dismissed.
2.) The decision rendered by the POLADA Disciplinary Panel on 27 April 2022 is confirmed.
3.) (…).
4.) (…).
5.) All other motions or prayers for relief are dismissed.
