Halep case, the CAS reduces the duration of the suspension for doping to 9 months

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06.03.24 12:50 Comment (s)
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Simona Halep, former world number 1 tennis player, saw her suspension for doping reduced from 4 years to 9 months by the Court of Arbitration for Sport (CAS). Testing positive for Roxadustat during the 2022 US Open, Halep appealed the ITF's initial decision by proving that this result was due to contamination of a collagen-based food supplement. The CAS recognized the absence of significant fault on the part of the player and rejected the accusations linked to her biological passport. This decision allows Halep to return to competition immediately, her suspension having already been served. However, all results obtained between August 29 and October 7, 2022 remain canceled.

Simona Halep, from positive test to initial suspension for doping

Simona Halep, former world number 1 tennis player, faced a difficult situation when a doping test carried out on August 29, 2022, during the US Open, revealed the presence of Roxadustat, a banned substance (See article from the newspaper L'Équipe of March 6, 2024: "Why Simona Halep's suspension was greatly reduced")

Despite her initial defense against doping charges, the Independent Tribunal of the International Tennis Federation (ITF) found her guilty of two anti-doping rule violations and imposed a four-year suspension (see CAS press release -CAS of March 5, 2024)

More information,

For more information on the problem posed by food supplements in the fight against doping, see our article: "Fight against doping and food supplements (sportsman, how to defend yourself?)"

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Interview with Simona HALEP after her hearing at the TAS (February 2024)

Simona Halep's defense arguments before the CAS

Halep appealed the decision to the Court of Arbitration for Sport (CAS), requesting a reduction in the sanction. His lawyers made two key arguments:

  1. Contamination of a food supplement as the cause of the positive control. According to Professor Jean-Claude Alvarez, an expert in toxicology requested by Halep, Roxadustat was detected 18 times in a collagen powder from the Quantum Nutrition brand (extract of the article from the newspaper L’Équipe of March 6, 2024: “Why Simona Halep's suspension was greatly reduced") This contamination would explain the result of the control.
  2. Simona Halep's due diligence in the use of dietary supplements. The player argued that she had taken all necessary precautions to avoid contamination, emphasizing her commitment to maintaining a clean sporting career (excerpt from a ScienceDirect article from April 28, 2024: "Contamination of food supplements in a doping context").

The CAS, a reference institution in the settlement of sports disputes (CAS CAS Bulletin, 1 / 2013), considered these arguments during a three-day hearing in February 2024.

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 The CAS decision and its implications for Simona Halep

In its decision rendered on March 5, 2024, the CAS reduced Halep's suspension from four years to nine months (from October 7, 2022 to July 6, 2023), finding that the positive test for Roxadustat resulted from contamination of a supplement eating (see the CAS-CAS press release of March 5, 2024, cited above). The panel concluded that Halep did not commit any significant fault or negligence, although she did demonstrate some level of fault by failing to exercise sufficient care when using the supplement.

This decision has major implications for Halep and tennis in general. It allows the player to return to competition immediately, her suspension having already been served. However, all results obtained between August 29 and October 7, 2022 are canceled, resulting in the loss of points, titles and prize money. (see the CAS-CAS press release of March 5, 2024, cited above).

Excerpts from the TAS-CAS press release of March 5, 2024

"Having carefully considered all the evidence put before it, the CAS Panel determined that Ms. Halep had established, on the balance of probabilities, that the Roxadustat entered her body through the consumption of a contaminated supplement which she had used in the days shortly before 29 August 2022 and that the Roxadustat, as detected in her sample, came from that contaminated product. As a result, the CAS Panel determined that Ms. Halep had also established, on the balance of probabilities, that her anti-doping rule violations were not intentional.

Although the CAS Panel found that Ms. Halep did bear some level of fault or negligence for her violations, as she did not exercise sufficient care when using the Keto MCT supplement, it concluded that she bore no significant fault or negligence."

The Halep case highlights the challenges related to involuntary doping in sport and underlines the importance of rigorous management of dietary supplements by athletes (See Mysportscience article: "Contamination of nutritional supplements"). It also recalls the crucial role of the CAS in resolving complex sports disputes.

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En conclusion, the reduction of Simona Halep's suspension by the CAS probably marks an end to this doping affair. If the decision relieves the player and allows her to resume her career, it also highlights the need for constant vigilance in a sporting environment where food supplements are omnipresent. The Halep affair will undoubtedly remain a textbook case, illustrating the complexity of the fight against doping and the essential role of institutions like the CAS in preserving the integrity of sport.

On the same theme, see the following articles:

Fight against doping and food supplements (sportsman, how to defend yourself?)

[21.04.2023]

Judgment of the Council of State of February 7, 2022 - Individualization of penalties for doping

[15.02.2022]

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