Doping Appeal in Supplements Case Results in Longer Sanction

(Ottawa, Ontario – November 12, 2008) – The Court of Arbitration for Sport (CAS) has issued its decision regarding the doping appeal of Serge Despres, a Canadian bobsleigh athlete. CAS set aside the earlier decision by the Sport Dispute Resolution Centre of Canada (SDRCC), and declared Mr. Despres ineligible for a period of two years commencing August 9, 2007, the date of his sample collection. 

While all parties to the original hearing had agreed that the most likely cause of the positive steroid finding was a tainted supplement, both Mr. Despres and the World Anti-Doping Agency (WADA) appealed the SDRCC decision that had imposed a sanction of 20 months sport ineligibility. CAS upheld the principle of strict liability which states that athletes are entirely responsible for any substance found in their sample. CAS further ruled that Mr. Despres was unable to show that he had taken the reasonable steps necessary to demonstrate “no significant fault.” 

The CAS decision states, “…Mr. Despres did not show a good faith effort to leave no reasonable stone unturned before he ingested Kaizen HMB” and highlights several failures on his part such as a “failure to contact the manufacturer directly” and a “failure to obtain a guarantee directly from the manufacturer,” among several others. 

The CCES continues to emphasize that the use of supplements is a doping risk for athletes, and underlines athletes’ strict liability for any substance found in their sample. 

Mr. Despres’ anti-doping rule violation resulted from an out-of-competition doping control conducted in Calgary, Alberta. The urine sample tested positive for nandrolone, a banned steroid on the WADA Prohibited List. 

The CCES is an independent, national, non-profit organization. Our mission, to foster ethical sport for all Canadians, is carried out through research, promotion, education, detection and deterrence, as well as through programs and partnerships with other organizations. 

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