Dutee Chand receives four-year ban from NADA for failing out-of-competition doping test

The ban will be effective from January 3 this year, the date of issuance of the letter by NADA

Ace Indian athlete Dutee Chand, the current national 100 m record holder, has received a four-year ban from the National Anti-Doping Agency for failing an out-of-competition doping test for Selective Androgen Receptor Modulators (SARMs) in December last year. 

The ban will be effective from January 3 this year, the date of issuance of the letter by NADA. All her results from the date of sample collection — December 5 last year — will stand as disqualified and will include forfeiture of medals, points and prizes.

“I do hereby inform you that your sample A was tested at the NDTL in accordance with the procedures set out in WADA’s International Standard for Laboratories and was returned with an Adverse Analytical Finding (“AAF”) as detailed given below,” said a letter from NADA. 

“Upon receipt of the AAF, the Result Management Authority of NADA India has conducted the initial review of these results under Article 7.2 of the NADA Anti Doping Rules (“NADA ADR”) and Article 5.1.1 of the International Standard for Results Management(“ISRM”) and found that, according to the NADA India records, (a)no applicable Therapeutic Use Exemption (“TUE”) has been or is in the process of being granted to you, (b) there was no apparent departure from the International Standard for Testing and Investigations (‘ISTF’) or the International Standard for Laboratories (“lSL”) that could undermine the validity of the AAF, and (c) the AAF is not caused by the ingestion of the Prohibited Substance through a permitted route insofar as “Other Anabolic Agents” are banned irrespective of the route of ingestion,” the letter continued. 

“According to Article 2.1 and/or Article 2.2 of the NADA ADR, the presence of the prohibited substance in an athlete’s sample and/or the use or attempted use of the prohibited substance by an athlete constitutes an ADRV, Accordingly, the NADA India is hereby notifying you that this AAF is being brought forward as an ADRV (Anti-Doping rule violation) pursuant to Article 2.1 of the ADR,” it added.

Further, as per the letter, if the athlete does not accept the A-sample result, he or she has the right to, at her own expense to “request the opening and analysis of the B-Sample.”

“Alternatively, you may waive your right to a B Sample analysis. In those circumstances, you will be deemed to have accepted the A Sample result, but you may still challenge the matter at a hearing if you wish. You also have the right to request, at your own expense, copies of the laboratory documentation package for the samples analyzed (A and/or B) which includes information as required by the ISL,” added the letter.

“In accordance with Article 7.4.1 of the NADA ADR, you are hereby provisionally suspended with immediate effect and until the resolution of this case,” the letter stated. 

As per Article 10.14.1 of the NADA ADR, she will not be able to participate in any competition or activity (other than authorized anti-doping Education or rehabilitation programs), authorized or organized by any Signatory, Signatory’s member organization or affiliated club or professional league either at the international level or the national level.

“Under Article 10.13.2.1 of the NADA ADR, you shall receive a credit for such provisional suspension against any period of ineligibility which may ultimately be imposed. Further, as per Article 7.4.3 of the NADA ADR, you have the right to request either a provisional hearing to challenge the provisional suspension or an expedited final hearing in accordance with Article 8 of the NADA ADR. Decisions in relation to provisional suspensions may be appealed in accordance with Article 13.2 of the NADA ADR,” added the letter. 

If the analysis of B-Sample confirms the presence of the prohibited substance or if Dutee waives the right to have it analysed, the ADRV will be confirmed. 

“In such event and according to Article 10.2 of the NADA ADR, the period of ineligibility imposed for the violation of Article 2.1 for a non-specified Substance, shall be four years unless the athlete or other Person can establish that the anti-doping rule violation was not intentional. In the event, an ADRV is confirmed, in addition to a period of Ineligibility imposed, all results obtained by you from (and including) the date of sample collection (i.e.5/12/2022) until the date of provisional suspension shall also be disqualified with all resulting consequences, unless fairness requires otherwise. Lastly, the NADA may, at their discretion, also recover from you the financial costs associated with the ADRV and/or impose a fine on you, as provided for in Article 10.12 of the NADA ADR,” stated the letter. 

However, NADA has given a chance to Dutee to provide an explanation of the presence of substance in her sample in form of written submissions, statements and supporting evidence pertaining to AAF.
“As explained above, the circumstances of the AAF (i.e. the source of the prohibited substance) and steps you took to avoid testing positive should be detailed,” the letter added. 

She has the opportunity to provide substantial assistance as set out in Article 10.7.1 of the NADA ADR.
“Any period of Ineligibility imposed may be partially suspended if you provide substantial Assistance to NADA or to another specified organization pursuant to Article 10.7.1 of the NADA ADR which results in: i. NADA discovering or bringing forward an ADRV by another Person; ii. A criminal or disciplinary body discovering or bringing forward a criminal offence or the breach of professional rules committed by another Person; iii. WADA initiating a proceeding against a Signatory, WADA-accredited laboratory or Athlete passport management unit for non-compliance with the Code, International Standard or Technical Document; or With the approval by WADA, a criminal or disciplinary body bringing forward a criminal offence or the breach of professional or sport rules arising out of a sports integrity violation other than doping. Discretion exists under Article 10.7.1 of the NADA ADR to suspend up to three-quarters of the period of ineligibility where substantial assistance is provided in accordance with this article,” the letter added. 

The letter stated, “You have the opportunity to admit the anti-doping rule violation and potentially benefit from a one-year reduction in the period of ineligibility under Article 10.8.1 of the NADA ADR (if applicable) or to seek to enter into a case resolution agreement under Article 10.8.2 of the NADA ADR.”

“Please note that except as provided for under the NADA ADR, neither the NADA nor the Federation intend to publicly disclose your identity or comment on the specifics of your alleged ADRV, until this case is resolved. However, NADA and the Federation expressly reserve the right to public disclosure if the circumstances so warrant. In accordance with the NADA ADR, a copy of this letter is being sent to (Athletics Federation of India) and WADA Results Management,” it added.

“No later than 15 working days after receiving this notice, you must write to NADA us by e-mail at resultmgmt-nada[email protected] to provide your full written explanation of the Adverse Analytical Finding along with all supporting documents,” informed the letter. 

She is an Asian Games medalist, having notched silver in 100 m and 200 m women’s competitions in the 2018 edition of the event. Dutee also won Bronze in 2013, 2017 and 2019 at the Asian Championships.

Back in 2019, she became the first Indian woman sprinter to win gold at a Universiade, winning it in the 100 m event. (ANI)

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