Athlete v Australian Weightlifting Federation and Sport Integrity Australia

Dispute as to Period of Ineligibility for an Anti-Doping Rule Violation.

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Athlete v Australian Weightlifting Federation and Sport Integrity Australia

Matter number:
NST E25-294506
Date of decision:
Dispute type:
Anti-doping dispute
Dispute resolution method:
Arbitration
Description:

The Athlete is a recreational athlete who participated in the sport of Olympic Weightlifting, and as a result, was subject to the Australian National Anti‑Doping Policy (NAD Policy).

Between joining the Australian Weightlifting Federation (AWF) and the date of their Doping Control Test (DCT), the Athlete competed three times. Between 22–23 June 2024, during a competition, the Athlete underwent an in‑competition DCT. The sample returned an Adverse Analytical Finding for a Prohibited Substance.

Four issues were considered by the NST Tribunal during the Hearing:

  1. Whether the Athlete also committed the Anti-Doping Rule Violation (ADRV) of Use under Article 2.2.

  2. Whether the Athlete should be categorised as a recreational athlete.

  3. Whether the Athlete established that the ADRV(s) were not intentional.

  4. Whether the Athlete demonstrated No Significant Fault or Negligence and, if so, what effect this would have on sanction reduction.

The Athlete stated that they had previously been blood‑tested without a positive finding and assumed the supplements they were using did not contain any Prohibited Substances. The Athlete described a long history of recreational sport, including rugby union, Oz-Tag, touch football, and CrossFit, none of which involved anti‑doping testing. The Athlete’s involvement in weightlifting began socially at a CrossFit gym, eventually leading to participation in informal and formal competitions. 

The Athlete accepted that they could not definitively identify the source of the Prohibited Substance. They contended, however, that it was likely transmitted through a former sexual partner whom they later believed had been using steroids and other performance‑enhancing substances. The Athlete declined to identify this partner or call them as a witness, citing a coercive and controlling nature of the relationship. They relied on scientific literature and previous Anti‑Doping decisions suggesting that transmission of prohibited substances through bodily fluids is possible.

The Tribunal determined that the Athlete was a recreational athlete. After considering the evidence, submissions, and the relevant provisions of the NAD Policy, the Tribunal determined that:

  1. The Athlete committed the ADRVs of: 

           a. Presence of a metabolite of GW1516 on 23 June 2024; and

           b. Use of a metabolite of GW1516 on the same date

  2. A period of two years’ ineligibility is imposed, commencing 23 June 2024.

  3. Results obtained between 23 June 2024 and 5 September 2024 are disqualified, with all medals, points, and prizes forfeited