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The Lausanne-based Court of Arbitration for Sport (CAS) has upheld the appeal filed by Romanian tennis player Simona Halep and reduced her period of ineligibility from four years to nine months.
In her appeal filed with CAS, Halep requested that the sanction be reduced and be no longer than the period of the provisional suspension already served. In its separate appeal, the ITIA requested that the CAS sanction Halep's ADRVs together as one single violation based on the violation that carried the most severe sanction, and the imposition of a period of ineligibility of between four and six years.
The CAS appeal arbitration proceedings involved intensive pre-hearing processes and a three-day hearing which took place on 7-9 February 2024 in Lausanne, Switzerland. The CAS Panel heard from many lay and expert witnesses, most of whom were present in person at the hearing. The CAS Panel has unanimously determined that the four-year period of ineligibility imposed by the ITF Independent Tribunal is to be reduced to a period of ineligibility of nine months starting on 7 October 2022, which period expired on 6 July 2023. As that period expired before the appeal procedures were even lodged with the CAS, the CAS Panel has determined it appropriate to issue the operative part of the Arbitral Award as soon as practicable, together with a comprehensive media release.
The CAS Panel has also ordered the disqualification of all competitive results achieved by Ms. Halep from 29 August 2022 (the date of her positive sample) to 7 October 2022, including forfeiture of any medals, titles, ranking points and prize money. Therefore, the appeal filed by the ITIA is dismissed and the appeal filed by Simona Halep is partially upheld (her request to backdate the start of the suspension on 29 August 2022 is dismissed).
About the Roxadustat charge, according to Articles 2.1 and 2.2 of the Tennis Anti-Doping Programme (TADP), it is each player's personal duty to ensure that no prohibited substance enters their body and players are responsible for any prohibited substances found to be present in their samples.
About the Athlete Biological Passport (ABP) charge with respect to the charge concerning Halep's ABP, the ITIA bore the onus of establishing (to the standard of comfortable satisfaction) that Halep had used a prohibited substance and/or prohibited method. It primarily relied on a blood sample given by Ms. Halep on 22 September 2022, the results of which it alleged demonstrated the anti-doping rule violation under Article 2.2 of the TADP.
The CAS Panel has issued the following decision:
1. The appeal filed by Simona Halep on 28 September 2023 against the decision issued on 22 September 2023 by the ITF Independent Tribunal is admissible and is partially upheld.
2. The appeal filed by the International Tennis Integrity Agency (ITIA) on 14 December 2023 against the decision issued on 22 September 2023 by the ITF Independent Tribunal is admissible and is dismissed.
3. The decision issued on 22 September 2023 by the ITF Independent Tribunal is set aside.
4. Simona Halep is found to have committed Anti-Doping Rule Violations under Articles 2.1 (presence) and 2.2 (use) of the Tennis Anti-Doping Programme 2022 as a result of the presence of a Prohibited Substance (Roxadustat) in her urine sample collected In-Competition on 29 August 2022.
5. Simona Halep is sanctioned with a period of Ineligibility of nine (9) months, commencing on 7 October 2022.
6. Credit is given to Simona Halep for her provisional suspension served since 7 October 2022.
7. All results obtained by Simona Halep in competitions taking place in the period 29 August 2022 to 7 October 2022 are disqualified, with all resulting consequences, including forfeiture of any medals, titles, ranking points and prize money.
8. The award is pronounced without costs, except for the Court Office fees of CHF 1,000 (one thousand Swiss francs) paid by each of Simona Halep in respect of her appeal and the International Tennis Integrity Agency (ITIA) in respect of its appeal, which is retained by the CAS.
9. The International Tennis Integrity Agency (ITIA) is ordered to pay Simona Halep an amount of CHF 20,000 (twenty thousand Swiss francs) as a contribution towards her legal fees and other expenses incurred in connection with these arbitration proceedings.
