Related case:
SDRCC 2024 24-0019 CCC vs CCES & Tarek Dahab - Appeal
February 12, 2024
In April 2017 the cyclist Tarek Dahab (50) was struck by a vehicle which caused him serious injuries, including a traumatic brain injury. He underwent many surgical procedures on his back, neck and wrists.
The injuries significantly impacted his life. He suffered from several medical conditions including severe headaches, loss of muscular strength and sleep problems.
In August 2021, Dahab was prescribed Testosterone which greatly improved the sequalae of some of his injuries. Thereupon in October 2023 he was admitted as Para-cylist to Cycling Canada's National Athlete Pool.
In February 2023 and in August 2023 his two TUE applications were rejected. In October 2023 the Para-cyclist made a new application for a TUE while he was using prescribed Testosterone.
In November 2023 he was tested whereas at the same time his TUE application was rejected. Consequently in December 2023 the Canadian Centre for Ethics in Sport (CCES) reported an anti-doping rule violation against the Para-cyclist.
Following notification a provisional suspension was ordered. The Para-cyclist filed a statement in his defence and he was heard for the Doping Tribunal of the Sport Dispute Resolution Centre of Canada (SDRCC).
The Para-cyclist made the following assertions:
- He admitted the violation and denied the intentional use of the substance.
- He acted with no fault or negligence and with due diligence.
- He took every precaution to comply with the Rules and demonstrated transparancy.
- He kept both Cycling Canada Cyclisme (CCC) and the Quebec Sport Cycling Federation (FQSC) informed about his prescribed use of Testosterone.
- He relied on the advice of the experts at CCC and FQSC.
- At no time he was told to stop using Testosterone so that he could compete at provincial, national or international events.
CCES deemed that the Para-cyclist had committed an anti-doping rule violation and requested for a sanction of 4 years. CCES contended that the Para-cylist failed to demonstrate that the violation was not intentional and that there are no grounds for a reduced sanction.
CCES considered that the Para-cylist used the substance without a valid TUE. Following the anti-doping education course in October 2023 he knew or should have known the risk inherent in taking Testosterone.
The Sole Arbitrator finds that the presence of a prohibited substance has been established in the Athlete's sample and accordingly that he committed an anti-doping rule violation.
The Arbitrator deems that the Para-cyclist failed to demonstrate that the violation was not intentional. He also determines that under the Rules there are no exceptional circumstances for a reduced sanction.
Therefore the SDRCC Doping Tribunal decides on 12 February 2024 to impose a 4 year period of ineligibility on the Para-cyclist, starting on the date of the provisional suspension, i.e. on 20 December 2023.
