CAS 2022/ADD/53 International Weightlifting Federation (IWF) v. Vicky Annett Schlittig
- Weightlifting
- Doping (DHCMT)
- CAS ADD jurisdiction
- Burden and standard of proof
- No fault
1. Article 8.1.1 of the IWF Anti-Doping Rules (ADR) indicates that the IWF has delegated its responsibilities related to the adjudication of anti-doping matters to CAS ADD. Consequently, the CAS Sole Arbitrator has jurisdiction to adjudicate matters concerning the assertion of Anti-Doping Rule Violations (ADRVs).
2. Once an ADRV has been established by the IWF, the burden of proof then shifts to the athlete to prove either that the ADRV should not be considered as such, or that the ADRV was unintentional or that the applicable period of ineligibility should be reduced, suspended, or eliminated on the grounds provided for in the IWF ADR. The athletes’ burden of proof is on a balance of probability. When it comes to laboratory analysis, Article 3.2.2 of the IWF ADR makes it clear that WADA-accredited laboratories are presumed to have conducted sample analysis in accordance with the International Standard for Laboratories (ISL) and it is for the athlete to rebut such presumption by establishing first that a departure from the ISL occurred and second, that such deviation could reasonably have caused an Adverse Analytical Finding (AAF).
3. If, based upon the consensus of expert witnesses, the prior and subsequent negative tests and the low/trace amounts of DHCMT, in combination with the testimony and evidence as to the numerous contacts that occurred during the few days before the ADRV, it is probable that the athlete was subjected to inadvertent, transdermal administration of DHCMT that was not intentional, the athlete thus bears no fault.
In November 2022 the International Testing Agency (ITA), on behalf of the International Weightlifiting Federation (IWF), reported an anti-doping rule violation against the German weightlifter Vicky Annett Schlittig after she tested positive for the prohibited substance Dehydrochlormethyltestosterone (Turinabol) in a low concentration.
Hereafter the case was referred to the CAS Anti-Doping Division (CAS ADD) for a Sole Arbitrator first instance procedure.
Following notification the Athlete alleged that there had been een mix up of samples because an incorrect name was mentioned on an annexured document with the Notification. She requested for the Laboratory Documentation Packages and DNA Analysis of the A and B samples.
The ITA claimed that the erroneous name in the annexure document was an inadvertent clerical mistake and that the samples in question had been provided by the Athlete. Thereupon the B-sample confirmed the A-sample whereas DNA Analysis confirmed the authenticity of her A and B samples.
The Athlete admitted the violation and denied the intentional use of the substance. After previous complaints she ultimately accepted the reliability of the testing results.
Supported by an expert witness the Athlete asserted that the Turinabol was present in her samples in its pure form and not with the typical metabolites. She argued that the Turinabol entered her system through transdermal transfer.
The Athlete explained that during the journey to the European U-23 Championships she had multiple opportunities for physical contact with other athletes, coaches, and support staff. She also had significant contact with athletes during the weight-in, training, lunch and diner.
In view of the evidence the Sole Arbitrator agrees that based upon the prior and subsequent negative tests and the low/trace amounts of Turinabol, in combination with the testimony and evidence as to the numerous contacts that occurred during the few days before the ADRV, that it is probable that Ms. Schlittig was subjected to inadvertent, transdermal administration of Turinabol that was not intentional, and thus that she bears no fault.
Therefore the The Court of Arbitration for Sport decides on 2 August 2023 that:
1.) The request for arbitration filed by the International Weightlifting Federation on 15 November 2022 is dismissed.
2.) Ms. Vicky Annett Schlittig is found guilty of an anti-doping rule violation in accordance with Article 2.1 of the International Weightlifting Federation Anti-Doping Rules (“IWF ADR”).
3.) Ms. Vicky Annett Schlittig has established in accordance with Article 10.5 of the IWF ADR that she bore No Fault or Negligence for the anti-doping rule violation. No period of Ineligibility is imposed.
4.) In accordance with Article 9 of the IWF ADR, all the competitive results of Ms. Vicky Schlittig obtained during the 2021 IWF European Junior Championships are Disqualified with all resulting Consequences, including forfeiture of any medals, points, and prizes.
5.) (…).
6.) (…).
7.) All other motions or prayers for relief are dismissed.
