CAS 2023/A/9926 Kanak Jha v. United States Anti-Doping Agency (USADA)
Related case:
AAA 2022 No. 01 22 0005 2588 USADA vs Kanak Jha
March 15, 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.
Consequently the AAA Tribunal decided 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.
Additionally USADA reported in May 2023 that the Athlete had violated his provisional suspension. This would effect the starting date of the period of ineligibility imposed on the Athlete.
Thereupon in August 2023 the Athlete appealed the AAA Decision with the Court of Arbitration for Sport (CAS). The Athlete denied the violation and requested to receive credit for the time he was provisionally suspended.
The Athlete denied that his participation into an exhibition on 14 December 2022 should be considered a violation of the provisional suspension. He argued that his appearance at the exhibition was not a prohibited, nor was he aware that this event was affiliated with USA Table Tennis (USATT).
USADA contended that the Athlete was explicitly warned that he was prohibited from participating in activities authorized or organized by WADC signatories. Nevertheless he violated his provisional suspension when he participated into an exhibition on 14 December 2022.
USADA asserted that the Athlete accordingly shall not receive credit for the time he spent provisionally suspended. As a result his period of ineligibility shall start on the date of the AAA decision, i.e. on 15 March 2023.
The Arbitrator assessed and addressed the evidence and arguments presented by the Parties and determines that:
- The Athlete took part in the event on 14 December 2022 and as a result he violated his provisional suspension.
- Accordingly the Athlete can not receive credit for the time he was provisionally suspended, i.e. the period from 1 December until 15 March 2023.
Therefore the Court of Arbitration for Sport decides on 28 November 2023 that:
1.) The appeal filed on 23 August 2023 by Kanak Jha against the United States Anti-Doping Agency with respect to the decision taken by the United States Anti-Doping Agency on 19 Mary 2023 is admissible.
2.) The appeal filed on 23 August 2023 by Kanak Jha against the United States Anti-Doping Agency with respect to the decision taken by the United States Anti-Doping Agency on 19 Mary 2023 is dismissed.
3.) (…).
4.) (…).
5.) All other motions or prayers for relief are dismissed.
