International Olympic Committee (IOC), Fédération Internationale de Ski (FIS) v. Valentyna Kaminska

At a glance

Parties

International Olympic Committee (IOC) and International Ski and Snowboard Federation (FIS) v. Valentyna Kaminska (Ukraine)

Case no.

CAS 2022/ADD/52

Forum and rules

Court of Arbitration for Sport, Anti-Doping Division (CAS ADD), acting as first-instance body; CAS ADD Arbitration Rules; IOC Anti-Doping Rules for the Olympic Winter Games Beijing 2022

Treaty

None. The case arose under the IOC Anti-Doping Rules for Beijing 2022 and the FIS Anti-Doping Rules

Tribunal

Raphaëlle Favre Schnyder (Sole Arbitrator)

Sector

Sport: cross-country skiing, doping

Outcome

Partial award of 6 March 2023: the Athlete committed an anti-doping rule violation. Her Beijing 2022 individual results and the Ukrainian Women's 4x5km Relay team result were disqualified. The proceedings continue between FIS and the Athlete on sanctions beyond the Games.

Amount

No amounts. The costs section is redacted in the published award.

The dispute

Valentyna Kaminska is a Ukrainian cross-country skier. She competed at the Beijing 2022 Olympic Winter Games in the women's sprint free, the women's 10km classic and the women's 4x5km relay. A test after the 10km classic on 10 February 2022 found mesterolone, an anabolic steroid prohibited at all times. It also found two stimulants prohibited in competition: 5-methylhexan-2-amine (MHA) and heptaminol. The B-sample confirmed these findings. Supplements she later supplied tested negative for all three substances. The International Testing Agency (ITA), acting for the IOC, brought the case before the CAS Anti-Doping Division under Articles 2.1 and/or 2.2 of the IOC Anti-Doping Rules, and FIS joined as co-claimant. The Athlete admitted the violation but said it was not intentional. She said she believed contaminated supplements were the cause and that the war in Ukraine had made it impossible for her to investigate.

Key holdings

1. The CAS ADD has jurisdiction under Article 8.1 of the IOC Anti-Doping Rules and Rules A1–A2 of the CAS ADD Arbitration Rules. The parties did not dispute jurisdiction and confirmed it by signing the Order of Procedure. ¶¶ 44–51
2. The Athlete committed an anti-doping rule violation under Article 2.1 and/or 2.2 of the IOC Anti-Doping Rules. The B-sample confirmed the A-sample findings, and the Athlete expressly admitted the violation. ¶¶ 57–61
3. Under Articles 9 and 10 of the IOC Anti-Doping Rules, the Athlete's results in the women's sprint free (8 February 2022) and the women's 10km classic (10 February 2022) are disqualified, with forfeiture of any medals, diplomas, points or prizes. ¶ 68; operative ¶ 3
4. On the team result, Article 11.3 of the IOC Anti-Doping Rules applies, together with Article 11 of the FIS Anti-Doping Rules. Relying on the expert opinion of Prof. Martial Saugy, the Sole Arbitrator found that the stimulants no longer had any effect by the relay on 12 February 2022, but that mesterolone, which acts over the long term, was likely to have improved the Athlete's performance. She also found that the team result had not in fact been positively affected, because the Athlete did not finish her leg and the team placed 18th and last. Even so, the Ukrainian team's relay result was disqualified. ¶¶ 69–77; operative ¶ 4
5. With the violation determined, the IOC's participation ended. FIS's request to act as co-applicant was granted. The proceedings continue between FIS and the Athlete on the consequences beyond the Olympic Games, and a final award will follow. The Athlete reserved her right to argue No Fault or Negligence in that phase. ¶¶ 78–81; operative ¶ 5
6. Under Article A21 of the CAS ADD Rules, the award may be appealed to the CAS Appeals Arbitration Division within 21 days of notification of the final award with reasons. ¶ 88

Procedural history

1. 10 February 2022In-competition doping control after the women's 10km classic at Beijing 2022.
2. 15–16 February 2022The Beijing laboratory reported adverse analytical findings. The ITA notified the Athlete and provisionally suspended her.
3. 23 February 2022The B-sample analysis confirmed the A-sample findings.
4. 9 March 2022The ITA issued a Notice of Charge.
5. 26 July 2022The Lausanne laboratory's final report found the Athlete's supplements negative for all three prohibited substances.
6. 19 October 2022The ITA, on behalf of the IOC, filed its application with the CAS ADD. FIS joined as co-claimant on 24 October 2022.
7. 31 October 2022CAS confirmed the appointment of Raphaëlle Favre Schnyder as Sole Arbitrator.
8. 24 November 2022The Athlete filed her Answer admitting the violation and waived a hearing. The IOC and FIS agreed that no hearing was needed.
9. 6 March 2023Partial award: violation found, individual and team results disqualified, IOC's participation terminated. The proceedings continue with FIS.

Tribunal, counsel and experts

Decided by

• Raphaëlle Favre Schnyder Sole arbitrator, CAS Anti-Doping Division — appointed by the parties jointly (Nominated by agreement of the parties; appointment confirmed by the Division President)

Experts

Martial Saugy (claimant)

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Keywords

• anti-doping rule violation
• CAS Anti-Doping Division
• Beijing 2022
• Olympic Winter Games
• cross-country skiing
• mesterolone
• heptaminol
• methylhexaneamine
• anabolic steroid
• stimulants
• IOC Anti-Doping Rules
• FIS Anti-Doping Rules
• team disqualification
• relay
• admission
• contaminated supplements
• partial award
• International Testing Agency

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