The International Tennis Integrity Agency announced on Friday that Simona Halep was provisionally suspended after failing an anti-doping test at the 2022 US Open. Christian Jura, a referee at the Court of Arbitration for Sport, explained how the former WTA leader can defend herself after testing positive for roxadustat and indicated the time after which a final decision will be made in this case.

Simona HalepPhoto: USA TODAY Network / ddp USA / Profimedia

Three options by which Simona Halep can reduce her suspension

Simona has three weeks to appeal the suspension to CAS (according to Stere Halep, the former WTA leader has already done so).

In an interview for FanaticJura presented the options with which a Romanian woman can protect herself in case of doping: exemption from therapeutic use / lack of intent or gross negligence / she took a supplement that was contaminated.

“If they do not appeal the decision, it becomes final. He has 21 days before TAS. On the basis of the evidence provided by her, the verdict can be postponed, that is, not postponed at all. One of the most famous cases is Maria Sharapova. His sentence was reduced. It is quite rare that the entire sentence is suspended, but it all depends on the evidence. It is very important what evidence you have.

For this act, the suspension is four years. From the age of four, you can talk about reduction. In the anti-doping system, the standard suspension is 4 years. Under the old code, it was 2 years, now it is 4 years. That changed in 2021

There are several legal options for protection. We have to check if it was a therapeutic use exemption. If it was a prescription from a doctor for a health problem, and the medicine contained a prohibited substance, it had to have a therapeutic use permit. We don’t know if he has that exemption or not. There are athletes who have a history of a certain disease for which they take medication for a certain period of time.

The second option is lack of intent or gross negligence. I mean he accidentally took the medicine. This is what happens when medicine is given, to put it simply, “out of hand”. When the doctor comes, the massage therapist gives you medicine. There is a relationship of trust between the doctor and the athlete, and usually the athletes no longer ask what he gives them.

There may also be a version that he took the supplement and got infected. If you take these supplements, you must bring a bottle that has a number on it, and you must bring another bottle that is sealed to prove that the one you took from was contaminated. There were other cases. I mean, I’m taking the supplement in good faith and it’s contaminated” – Christian Juraarbitrator in TAS,for Fanatic.

TAS will issue a verdict in 6 months – 1 year

Yura clarifies that the Court of Arbitration for Sport will issue a verdict in six months to a year, depending on the evidence provided by Simona Halep.

“The substance in question, roxadustat, is in any case on the list of prohibited substances published by WADA. It may take 6 months to a year to resolve the situation. Simona Halep is temporarily suspended. From a procedural point of view, this is not a difficult matter. In Romania, we feel differently because it is a matter for the soul.

But as a procedure it is not difficult. If she has evidence, a panel of arbitrators is appointed, presents the evidence and it can be concluded in TAS after six months – a year. The probationary period in CAS is about 6 months, but can last up to a year.

The suspension is still counted from this six-month period. The World Anti-Doping Code speaks of the athlete’s strict responsibility regarding substances found in the athlete’s body. There are only a few exceptions, including lack of intent or gross negligence where the doctor comes with a handful of pills and you take them” – Christian Juraaccording to the cited source.

Simona Halep has been provisionally suspended for failing a doping test at the 2022 US Open, the International Tennis Integrity Agency announced on Friday.

Shortly after the explanation, which flew around the world, Simona Halep said: “I was informed that I tested positive for a substance called roxadustat in an extremely small amount. I will fight to the end to prove that I have never knowingly taken a banned substance.” Moreover, the ex-WTA leader said that she felt “completely confused and betrayed”.

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