International Bobsleigh & Skeleton Federation (IBSF) v. Lidiia Hunko

At a glance

Parties

International Bobsleigh & Skeleton Federation (IBSF), represented by the International Testing Agency (ITA), v. Lidiia Hunko (Ukraine)

Case no.

CAS 2023/ADD/62

Forum and rules

CAS Anti-Doping Division (first instance); CAS ADD Arbitration Rules; seat Lausanne

Treaty

IBSF Anti-Doping Rules (WADA Code)

Tribunal

David Grace KC (Sole Arbitrator)

Sector

Sport – bobsleigh (monobob); doping

Outcome

Application upheld (26 September 2023): anti-doping rule violation found; four-year period of ineligibility imposed.

Amount

No monetary sum stated; the costs section is redacted in the published award.

The dispute

Lidiia Hunko is a Ukrainian monobob athlete. Her in-competition sample, taken on 14 February 2022 at the Beijing 2022 Olympic Winter Games, returned an Adverse Analytical Finding for metabolites of dehydrochloromethyl-testosterone (DHCMT). DHCMT is a non-Specified anabolic steroid. She waived analysis of her B-sample and signed an IOC Agreement on Consequences, and the IOC disqualified her Games results. The IOC then referred the case to the IBSF to set the period of ineligibility beyond the Games. Hunko refused the ITA's offer of three years for timely admission. She said she had never used the substance, pointed to three earlier negative tests, mentioned possible contaminated supplements, and suggested outside interference linked to her public stance on the military aggression against Ukraine. The ITA, acting for the IBSF, referred the case to the CAS ADD and sought a four-year ban. Hunko took no part in the CAS proceedings.

Key holdings

1. The CAS ADD has jurisdiction, and the Respondent's failure to file an Answer or sign the Order of Procedure does not deprive it of jurisdiction. An athlete cannot avoid CAS ADD jurisdiction by deliberately refusing to engage, and the matter may be decided on the written record without a hearing. ¶¶ 24, 45
2. The IOC Sanctioning Decision of 28 July 2022 was not appealed. It is final and binds the CAS ADD under Article 15.1.1 of the IBSF ADR. In any event, the IBSF proved the violation to the comfortable satisfaction of the Sole Arbitrator. ¶¶ 41–43
3. Because the athlete waived B-sample analysis, presence of the substance in the A-sample establishes a violation under Article 2.1.2 of the IBSF ADR. Under Article 3.2.2, WADA-accredited laboratories such as the Beijing laboratory are presumed to have followed WADA procedures. The athlete identified no departure from those procedures. ¶¶ 49, 51
4. Under strict liability (Article 2.1.1), intent, fault or negligence need not be shown. The presence of the substance remains unexplained: the claim of contaminated supplements came with no particulars. ¶¶ 52–53
5. The sanction is a four-year period of ineligibility under Article 10.2.1, starting from the date of the award, with credit for the provisional suspension served from 21 February 2022. There was no evidence of No Fault or Negligence (Article 10.5) or No Significant Fault or Negligence (Article 10.6). All individual results from 14 February 2022 onward are disqualified, with forfeiture of medals, points and prizes. ¶ 54; operative part ¶¶ 3–5

Procedural history

1. 14 February 2022Sample collected during Women's Monobob Heat 4 at the Beijing 2022 Olympic Winter Games.
2. 17 February 2022The ITA, acting for the IOC, notifies the Adverse Analytical Finding and imposes a provisional suspension. On 21 February 2022 the ITA, acting for the IBSF, imposes a provisional suspension that applies beyond the Games.
3. 29 March 2022Hunko signs the IOC Agreement on Consequences.
4. 28 July 2022IOC Sanctioning Decision: violation found, Games results disqualified, case referred to the IBSF.
5. 8 August 2022IBSF Notice of Charge issued. Hunko later rejects the offer of a three-year ban (25 November 2022).
6. 31 May 2023The ITA, on behalf of the IBSF, files its application with the CAS ADD.
7. 23 June 2023David Grace KC appointed Sole Arbitrator after Hunko fails to file an Answer.
8. 26 September 2023Award: violation confirmed and four-year period of ineligibility imposed.

Tribunal, counsel and experts

Decided by

• David Grace Sole arbitrator, CAS Anti-Doping Division — appointed by the institution (Appointed on behalf of the Division President)

For the claimant

International Testing Agency (ITA)

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Keywords

• doping
• CAS Anti-Doping Division
• bobsleigh
• monobob
• DHCMT
• dehydrochloromethyl-testosterone
• anabolic steroid
• Beijing 2022 Olympic Winter Games
• strict liability
• B-sample waiver
• WADA-accredited laboratory presumption
• four-year ineligibility
• contaminated supplements
• default proceedings
• International Testing Agency
• IBSF Anti-Doping Rules
• disqualification of results

Summary generated with AI from the published documents — refer to the award for the authoritative text.