CAS 2022/A/9286 World Anti-Doping Agency (WADA) v. Russian Anti-Doping Agency (RUSADA) & Mariya Guschina
In August 2020 the Russian Anti-Doping Agency (RUSADA) reported an anti-doping rule violation against the cross-country skier for the use of a a prohibited method as unintentional violation.
The Athlete admitted the violation and explained that she had received plasmapheresis procedures as treatment for her medical condition. She had mentioned this treatment on the Doping Control Form, although thereupon her application for a retroactive TUE was dismissed.
On 23 June 2022 the RUSADA Disciplinary Anti-Doping Committee (DADC) decided only to impose a reprimand on the Athlete without a period of ineligibility.
Hereafter in November 2022 the World Anti-Doping Agency (WADA) appealed the DADC Decision with the Court of Arbitration for Sport (CAS). WADA requested the Panel to set aside the Appealed Decision and to sanction the Athlete for 1 year.
WADA considers that the Athlete had admitted the use of plasmapheresis procedures and that the violation was not intentional. Yet, WADA deemed that the Athlete failed to demonstrated that she acted with No Significant Fault or Negligence.
RUSADA and the Athlete acknowledged that the violation was not intentional and admitted by the Athlete. They asserted that that her degree of fault was not significant and that there are grounds for a reduced sanction.
The Sole Arbitrator assessed and addressed the evidence in this case and determines that:
- Undisputed is that the Athlete committed not intentionally an anti-doping rule violation.
- The Athlete was an experienced athlete in anti-doping matters and underwent more than 30 anti-doping tests.
- The Athlete should have perceived that there was a high risk that the use of plasmapheresis could constitute and anti-doping rule violation.
- The Athlete significantly failed in her duty of care to prevent the use of a prohibited method.
Therefore the Court of Arbitration for Sport decides on 27 October 2023:
1.) The appeal filed by the World Anti-Doping Agency (WADA) against the Russian Anti-Doping Agency (RUSADA) and Ms Mariya Guschina with respect to the decision rendered by the Disciplinary Anti-Doping Committee of the RUSADA on 23 June 2022 is partially upheld.
2.) The decision rendered by the Disciplinary Anti-Doping Committee of the RUSADA on 23 June 2022 is partially set aside.
3.) Ms Mariya Guschina is sanctioned with a twelve (12) months period of ineligibility, starting on the date of the present Award. Any results achieved by Ms Mariya Guschina between 17 June 2020 and 16 June 2021 shall be disqualified with all resulting consequences including forfeiture of any medals, points and prizes.
4.) (…).
5.) (…).
6.) All other and further claims or prayers for relief are dismissed.
