CAS 2016/A/4609 World Anti-Doping Agency (WADA) v. Indian National Anti-Doping Agency (Indian NADA) & Dane Pereira

CAS 2016/A/4609 World Anti-Doping Agency (WADA) v. Indian National Anti-Doping Agency (Indian NADA) & Dane Pereira

An athlete who takes a medication on the package of which a prohibited substance is listed knows or should at least know that the medication contains the prohibited substance. Given that athletes are under a constant duty to personally manage and make certain that any medication administered is permitted under the anti-doping rules, an athlete cannot simply rely on a doctor’s advice; it follows that the prescription of a particular medicinal product by an athlete’s doctor does not excuse the athlete from investigating to his or her fullest extent that the medication does not contain prohibited substances.

Facts/Procedure

On 20 February 2015, Dane Pereira (the Player) underwent an in-competition doping control in Mumbai. During this doping control a urine sample was collected from the Player. On 15 April 2015, the result of the analysis of the A-sample revealed the presence of a Nandrolone metabolite (19-norandrosterone), estimated at 15 ng/mL whereas a threshold of 2 ng/mL applies. Nandrolone is an Exogenous Anabolic Androgenic Steroid prohibited under S1.1 of the 2015 Prohibited List and it is not a specified substance. The laboratory found that the result was compatible with the administration of exogenous steroids.

On 21 April 2015, the Player informed the Indian National Anti-Doping Agency (NADA) that he accepted the adverse analytical finding and waived his right to have the B-sample analysed. On 5 May 2015, a “provisional suspension hearing” was held where the Player...

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