Related case:
SDRCC 2023 CCES vs Tarek Dahab
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. As a Para-cylist in October 2023 he was admitted to Cycling Canada's National Athlete Pool.
In November 2023 he was tested whereas his 3rd TUE application was rejected at the same time. As a result in December 2023 the Canadian Centre for Ethics in Sport (CCES) reported an anti-doping rule violation against the Para-cyclist.
Consequently the SDRCC Doping Tribunal decided 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.
Hereafter Cycling Canada Cyclisme (CCC) appealed the SDRCC decision with the SDRCC Doping Appeal Tribunal. CCC requested the Appeal Tribunal to set aside the Appealed Decision and to impose a reduced sanction on the Para-cyclist.
CCC argued that mitigating factors have not been properly considered related to intent and the Para-cylist's admission of his use of the substance. CCC also asserted that neither a reduction of the sanction had been properly considered by the Sole Arbitrator in first instance.
In first instance 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 contended that the Para-cylist had admitted the violation and failed to demonstrate that the acted not intentional. There are no grounds for a reduced sanction because he knew or should have known the risk inherent in taking Testosterone without a valid TUE.
The Appeal Tribunal 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 Appeal Tribunal agrees that the Para-cyclist had been transparant about his use of Testosterone for therapeutic purposes and attempted to obtain a TUE. He is not a cheat, yet he manifestly disregarded the risk of using the substance without a valid TUE.
The Appeal Tribunal determines that the Para-cyclist knew, or ought to have known, since February 2023, that using Testosterone was prohibited when persuing activites under the Rules unless he had a TUE.
Further the Appeal Tribunal considers that in October 2023 the Para-cyclist had completed the anti-doping training course. Moreover in October 2023 he was duly warned by the CCES about his medication while his TUE application had not been granted.
Therefore the SDRCC Doping Appeal Tribunal decides on 19 June 2024 to dismiss CCC's appeal and to uphold the Appealed Decision 12 February 2024.
