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10 You Make the Call 1 (2008)

handle is hein.blasports/ansrvds0010 and id is 1 raw text is: Volume 10, Number 1 { Spring/Summer 20081 ALTERNATIVE DISPUTE RESOLUTION Adams v. Canadian Centre for Ethics in Sport, CAS 2007/A/1312, award of May 16, 2008. Jeffrey Adams, a Canadian disabled track-and-field athlete, violated the Canadian Anti-Doping Program (CADP) Rules when he tested positive for cocaine at ING Ottawa Marathon Wheelchair Competition. A doping tribunal found him guilty of violating the CADP Rules, banned him for two years, disqualified him from the competition where he tested positive, and permanently disqualified him from receiving financial support through the Canadian government. Adams appealed to CAS. He claimed that he had been at a bar six days earlier, and a woman he did not know put cocaine in his mouth without his consent. When he got home he used a new catheter (which was required because of his paralysis) to urinate and then put it in the emergency pocket of his wheelchair. After finishing first at the ING Ottawa Marathon Wheelchair Competition, he provided a urine sample to doping control. When providing the urine sample he used the catheter that he had used the night of the cocaine incident. Adams claimed that the reason he tested positive was because the catheter was contaminated. CAS found that Adams was not at fault because the catheter was contaminated, and it eliminated his ineligibility period and allowed him to continue receiving financial support from the Canadian government. However, he was still disqualified from the ING Ottawa Marathon Competition. Apollon Kalamarias FC v. Hellenic Football Federation (FCC) and Olympiacos FC, CAS 2008/A/1525, award of April 21, 2008. Roman Wallner played for the Greek football team Appollon against Olympiacos on February 3, 2008, but Olympiacos claimed he was ineligible because he had played for two other football clubs during the same season. The league's Disciplinary Committee determined that Wallner was ineligible to play, annulled the result, and said the match should be replayed. However, the Appeals Committee determined the result of the match should be 3-0 in favor of the Olympiacos and deducted one point from Apollon's standing. Apollon appealed the decision to CAS, and he asked for provisional measures to annul the decision and to order the disclosure of documents related to the appeal. CAS determined Apollon was not likely to succeed on the merits because it was undisputed that the player had played for three different teams in the same season and dismissed the case. @ Copyright 2008, National Sports Law Institute of Marquette University Law School Page 1

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