Committee Decision On Ostapchuk Shotput Gold

INTERNATIONAL OLYMPIC COMMITTEE

IOC EXECUTIVE BOARD DECISION

REGARDING NADZEYA OSTAPCHUK

BORN ON 28 OCTOBER 1980, ATHLETE, BELARUS, ATHLETICS

UPON CONSIDERING the attached recommendation of the IOC Disciplinary Commission dated 12 August 2012, pursuant to the Olympic Charter and, in particular, Rule 59.2.1 thereof, and pursuant to the IOC Anti-Doping Rules Applicable to the Games of the XXX Olympiad, London 2012 and, in particular, Articles 1.2, 7 and 8 thereof, and pursuant to the World Anti-Doping Code and, in particular Articles 2.1, 9 and 10 thereof:

THE EXECUTIVE BOARD OF THE
INTERNATIONAL OLYMPIC COMMITTEE
DECIDES

I. The athlete Ms Nadzeya Ostapchuk, Belarus, Athletics:

(i) is disqualified from the Women’s Shot Put event, where she had placed first;

(ii) is excluded from the Games of the XXX Olympiad in London in 2012;

(iii) shall have her medal, diploma and medallist pin in the above-noted event withdrawn;

(iv) shall have her Olympic identity and accreditation card immediately cancelled and withdrawn.

II. The International Association of Athletics Federations (IAAF) is requested to modify the results of the above-mentioned event accordingly and to consider any further action within its own competence.

III. The NOC of Belarus is ordered to return to the IOC, as soon as possible, the medal, diploma and medallist pin awarded to the Athlete in relation to the above-noted event.

IV. The IOC administration is instructed to reallocate the medals, diplomas and medallist pins to the athletes that finished behind Ms Nadzeya Ostapchuk in the above-mentioned event, the first three being:

- Valerie Adams, New Zealand, first

- Evgeniia Kolodko, Russian Federation, second

- Lijiao Gong, People’s Republic of China, third

V. The NOC of Belarus and LOCOG shall ensure full implementation of the Executive Board decision.

VI. This decision shall enter into force immediately.

London, 12 August 2012

On behalf of the IOC Executive Board

Dr Jacques ROGGE Christophe DE KEPPER

IOC President Director General
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INTERNATIONAL OLYMPIC COMMITTEE

IOC DISCIPLINARY COMMISSION

RECOMMENDATIONS

REGARDING MS. NADZEYA OSTAPCHUK

BORN ON 28 OCTOBER 1980, ATHLETE, BELARUS, ATHLETICS

1. Mrs Nadzeya Ostapchuk (hereinafter the “Athlete”) was accredited as a participant in the Games of the XXX Olympiad in London in 2012. She received accreditation number 1046233-01, which was validated on 4 August 2012.

2. The Athlete was requested, on 5 August 2012, at approximately 10:00 a.m., to provide a urine sample for a doping control, in London (hereinafter the “First Sample”).

3. On 6 August 2012, the Athlete competed in the Women’s Shot Put event upon the occasion of the Games of the XXX Olympiad in London, 2012, where she placed first.

4. The Athlete was requested, after her competition, on 6 August 2012, in London, at approximately 22:20 hours to provide a urine sample for a doping control (hereinafter the “Second Sample”).

5. Pursuant to Article 6.2.1 of the IOC Anti-Doping Rules Applicable to the Games of the XXX Olympiad, London 2012 (the “Rules”), Dr. Patrick Schamasch (the “IOC Medical Director”), as representative of the Chairman of the IOC Medical Commission, was informed in the evening of Friday, 10 August 2012 by the Head of the WADA Accredited Laboratory in Harlow, of an adverse analytical finding in the A sample of the First Sample.

On the same day, the Head of the WADA Accredited Laboratory in Harlow informed the IOC Medical Director of another adverse analytical finding, this time on the A sample of the Second Sample.

6. Pursuant to Article 6.2.2 of the Rules, the IOC Medical Director determined that the above-noted A samples (of both the First Sample and the Second Sample) belonged to the Athlete, and verified that they did in fact give rise to an adverse analytical finding. He also determined that there was no apparent departure from the International Standards for Testing or the International Standards for Laboratories that undermined the validity of the adverse analytical findings.

7. Pursuant to Article 6.2.3 of the Rules, the IOC Medical Director immediately informed the IOC President, Dr Jacques Rogge, of the existence of the adverse analytical findings and the essential details available to him concerning the case.

8. Pursuant to Article 6.2.5 of the Rules, the IOC President, by letter dated 11 August 2012, promptly set up a Disciplinary Commission, consisting of:

- Thomas Bach (Chairman)

- Denis Oswald

- Frank Fredericks

The IOC President also informed the Disciplinary Commission that, pursuant to Rule 59.2.4 of the Olympic Charter and Article 6.1.7. of the Rules, the final decision in this case would be pronounced by the IOC Executive Board.

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As per Article 6.1.7 of the Rules, the Disciplinary Commission would provide to the IOC Executive Board a report on the procedure conducted under its authority, including a proposal to the IOC Executive Board as to the measures and/or sanctions to be decided upon by the IOC Executive Board.

The IOC President has in this case decided that the procedure may be extended beyond the 24-hour time-limit as per Article 6.2.14 of the Rules.

9. The analytical report of the laboratory analysis of the A sample of the First Sample, issued by the WADA Accredited Laboratory in Harlow, dated 9 August 2012, indicated the presence of metenolone and its metabolite, which are classified as anabolic agents (S1) under the 2012 Prohibited List.

The analytical report of the laboratory analysis of the A sample of the Second Sample, issued by the WADA Accredited Laboratory in Harlow, dated 10 August 2012, indicated the presence of metenolone, classified as anabolic agents (S1) under the 2012 Prohibited List.

10. Pursuant to Article 6.2.6 of the Rules, by letter dated 11 August 2012, notified to the Athlete, to the Chef de Mission of the NOC of Belarus, Mr Siarhei Nerad, to the International Association of Athletics Federations (hereafter the “IAAF”) and to the Head of the Independent Observers’ Programme, the IOC President advised of the abovementioned adverse analytical finding and of the time, date and place of the hearing of the Disciplinary Commission regarding this case.

11. The Deputy Chef de Mission, Vasili Iourtchik, on behalf of the Athlete, requested the analysis of the B sample of both the First Sample and Second Sample. The opening and analysis of the B sample of both the First Sample and of the Second Sample occurred on Saturday 11 August 2012 at around 15:00 hours (UK time), at the WADA Accredited Laboratory in Harlow, in the presence of the Athlete’s representative, Mr Siarhei Nerad, Chef de Mission, accompanied by Mr George Katulin, Secretary General and Mr Alexandr Vankhadlo, Doctor.

12. As requested by the NOC of Belarus, the Laboratory Documentation packages of the A sample of the First Sample and of the Second Sample were delivered to them by the IOC in the evening of 11 August 2012.

13. The Disciplinary Commission held a hearing on 12 August 2012 starting at around 14:00 hours, at the London Hilton on Park Lane, in the presence of a delegation of the NOC of Belarus (hereinafter the “Delegation”) comprised of:

George Katulin, Secretary General

Siarhei Nerad, Chef de Mission

Alexandr Vanjhsdlo, Doctor and representative of the Belarus National Anti-Doping Organisation

14. The International Association of Athletics Federations (hereinafter “IAAF”) was represented by Dr Gabriel Dollé.

15. Also attending the hearing were:

Dr Patrick Schamasch, IOC Medical Director

Howard Stupp, IOC Director of Legal Affairs

Christian Thill, IOC Doping Control Administrative Coordinator

Soheyla Behnam and Susan Greinig, Assistants

Kate O’Neill, Minute-taker
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Jordi Segura, Scientific Expert

René Bouchard, Head of the Independent Observers’ Programme.

16. At the beginning of the hearing, the Delegation was informed that the meeting was being recorded and that minutes were being taken.

17. The Delegation was reminded of the results of the laboratory analysis of the A sample of both the First Sample and the Second Sample, which, according to the analysis reports prepared by the Head of the WADA Accredited Laboratory in Harlow, indicated in both cases the presence of metenolone.

Further, the Delegation was informed that the Head of the WADA Accredited Laboratory in Harlow had reported the results of the B sample analysis on both the First Sample and the Second Sample shortly before the hearing.

The analytical reports on the B sample for both the First Sample and for the Second Sample confirmed the adverse analytical findings of the A samples, thereby confirming the presence of metenolone in the body of the Athlete.

A copy of the analytical reports of both B samples has been distributed to the Delegation at the beginning of the hearing.

18. Upon questioning from the Disciplinary Commission, the Delegation confirmed it did not have any objection as to the conduct of this disciplinary procedure until now.

19. In summary, the Delegation explained that:

- The Athlete was tested on 25 or 26 July 2012 by the National Anti-Doping Organisation in Belarus and on 1 August 2012, the Athlete was again tested in Minsk, this time by international doping control officers. The results of both of such tests were negative;

- The Athlete arrived in London on 4 August 2012 and went directly to the Olympic Village;

- They had no explanation as to why such substance would have been found in the sample of the Athlete;

- Having seen the analytical reports of both the A and B analysis of both the First Sample and of the Second Sample, the Delegation did not doubt such substance was in the body of the Athlete;

- The NOC of Belarus has educated its athletes, coaches and doctors on prohibited substances in order to avoid any such issues;

- The NOC of Belarus and the National Anti-Doping Organisation of Belarus will follow up and conduct an enquiry to find out what happened and to the take the appropriate measures.

20. The Disciplinary Commission requested the NOC to provide the IOC with the results of such enquiry after its conclusion.

21. Upon question from the Disciplinary Commission, Jordi Segura, Scientific Expert, explained that metenolone could be taken either by way of injection or orally. He explained that, according to studies, the substance may be eliminated within 4 to 5 days if taken orally.

22. After hearing the Delegation, the Disciplinary Commission retired in order to deliberate.

23. After reviewing the file and the explanations of the Delegation, and based on the results of the analysis of the A sample of both the First Sample and of the Second Sample, as well as the results of the analysis of the B sample of both samples, the Disciplinary Commission unanimously concluded that the Athlete had committed an anti-doping rule violation pursuant to Article 2.1 of the Rules in that there was the presence of the prohibited substance metenolone in her body.

CONSIDERING the above, pursuant to the Olympic Charter and, in particular, Rule 59.2.1 thereof, and pursuant to the IOC Anti-Doping Rules Applicable to the Games of the XXX Olympiad, London 2012 and, in particular, Articles 1.2, 7 and 8 thereof, and pursuant to the World Anti-Doping Code and, in particular Articles 2.1, 9 and 10 thereof:

THE DISCIPLINARY COMMISSION OF THE

INTERNATIONAL OLYMPIC COMMITTEE

RECOMMENDS TO THE EXECUTIVE BOARD

I. The athlete Ms Nadzeya Ostapchuk, Belarus, Athletics:

(i) be disqualified from the Women’s Shot Put event, where she had placed first

(ii) be excluded from the Games of the XXX Olympiad in London in 2012;

(iii) shall have her medal, diploma and medallist pin in the above-noted event withdrawn;

(iv) shall have her Olympic identity and accreditation card immediately cancelled and withdrawn.

II. The International Association of Athletics Federations (IAAF) be requested to modify the results of the above-mentioned event accordingly and to consider any further action within its own competence.

III. The NOC of Belarus be ordered to return to the IOC, as soon as possible, the medal, diploma and medallist pin awarded to the Athlete in relation to the above-noted event.

IV. The IOC administration be instructed to reallocate the medals, diplomas and medallist pins to the athletes that finished behind Ms Nadzeya Ostapchuk in the above-mentioned event, the first three being:

- Valerie Adams, New Zealand, first

- Evgeniia Kolodko, Russian Federation, second

- Lijiao Gong, People’s Republic of China, third

V. The NOC of Belarus and LOCOG shall ensure full implementation of the Executive Board decision.

London, 12 August 2012

The IOC Disciplinary Commission

Thomas BACH

Chairman

Denis OSWALD Frank FREDERICKS

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