The Court of Arbitration for Sport (CAS) ratifies the settlement agreement reached between Junya Koga and the International Swimming Federation (FINA) – period of ineligibility reduced from four years to two years

CAS Logo

Press Release

5th August 2019

The Court of Arbitration for Sport (CAS) has issued a Consent Award embodying the agreement reached between the Japanese swimmer Junya Koga and the International Swimming Federation (FINA) in relation to Junya Koga’s positive out-of-competition doping control on 2 March 2018.

On 25 October 2018, the FINA Doping Panel found that Junya Koga had committed an anti-doping rule violation (ostarine and ligrandrol – non-specified substances prohibited at all times under S1.2 of the WADA Prohibited List), sanctioned him with a period of ineligibility of four years starting on 15 May 2018 and disqualified all results achieved from 2 March 2018.

On 31 October 2018, Junya Koga filed an appeal at the CAS and an arbitration procedure was opened. In June 2019, the parties informed the CAS that having agreed that contaminated supplements were the most likely source, on a balance of probability, of both the ostarine and ligrandrol found in Junya Koga’s samples, they had signed a settlement agreement, and requested that CAS ratify paragraph 1 of such agreement in a Consent Award, as follows:

1. The Parties agree that the Appealed Decision [FINA’s decision] shall be amended as follows:

(a) The presence of ostarine and a metabolite of ligandrol in the Athlete’s sample constitutes an anti-doping rule violation.

(b) The Athlete shall be sanctioned with a period of ineligibility of two years, commencing on the date of provisional suspension on 15 May 2018. The period of ineligibility shall therefore end on 14 May 2020 included.

(c) Any competitive results of the Athlete from and including 2 March 2018, including any medals points and prizes, shall be disqualified.

(d) Each party bears their own legal costs and other expenses in connection with the CAS Appeal.

The CAS award has been notified to the parties and the Agreement is now effective.

Leave a comment

Please login to leave a comment.

Courses

Legal Advisors

Upcoming Events

There are no up-coming events

Copyright © LawInSport Limited 2010 - 2020. These pages contain general information only. Nothing in these pages constitutes legal advice. You should consult a suitably qualified lawyer on any specific legal problem or matter. The information provided here was accurate as of the day it was posted; however, the law may have changed since that date. This information is not intended to be, and should not be used as, a substitute for taking legal advice in any specific situation. LawInSport is not responsible for any actions taken or not taken on the basis of this information. Please refer to the full terms and conditions on our website.