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.
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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