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The ITIA has released the full decision of the independent tribunal in Simona Halep's doping case, a 126-page document that goes into excrutiating detail on how the body finally arrived at handing the Romanian a four-year ban from tennis.
Halep had tested positive for Roxadustat at the US Open last year, following which she was handed a provisional suspension from the sport. After multiple delays in the hearing and decision processes, the International Tennis Integrity Agency announced their ruling earlier this week.
The body had promised to release the full decision later, which they have now. Among other important points in the document, one key focus is Simona's Halep's "forgetfulness" in mentioning a key supplement during the initial hearing.
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The supplement in question - Keto MCT - was the source of the Roxadustat contamination, as claimed by the former World No. 1.
"We do note that Ms Halep did not disclose the Keto MCT supplement on her Doping Control Form (“DCF”) for her urine test on 29 August 2022. She also did not mention it in her 26 October 2022 interview with the ITIA.
"In crossexamination at the June hearing, she said that for the DCF, she had forgotten and that at the interview she had also probably just forgotten. That was distinctly careless of her, especially at the interview when the need for complete openness would have been even more apparent."
Another major revelation is the involvement of Halep's coach Patrick Mouratoglou. As confirmed in ITIA's document, it was Mouratoglou (along with her physiotherapist Candice Gohier) who recommended and then approved that the 31-year-old switch supplements in the middle of the 2022 season.
"He had confirmed with Ms Gohier that she had checked those three supplements from (redacted). He discussed them with Ms Halep and told her they were safe to use. He was also aware that (redacted) sponsored a number of athletes, some of whom were tennis coaches and retired athletes."
"Also, Ms Halep and Ms Gohier together checked the container, and there was no banned substance listed. Ms Halep also checked with her coach Mr Mouratoglou, who said that all three products were safe to use, as no banned substances were shown on the label, and they did not appear to be risky."
The quantity of Roxadustat found in Simona Halep's hair testing even led to doubt that she might have been "microdosing" with Roxadustat for several months, with the two-time Major winner's own expert doctor consultant agreeing with the test findings in some capacity early on.
"An alternative explanation of the results could be that Ms Halep was microdosing with Roxadustat throughout the period between April to October 2022. In fact, Professor Alvarez testified that the test results were consistent with “microdoses” of Roxadustat."
However, the expert panel counted the possibility out and considered other likely scenarios for the explanation.
"At the hearing, Mr Scott made clear that he did not believe that microdoses of Roxadustat would have worked – a view shared by the Expert Panel and by Dr Eichner."
Nevertheless, the ITIA wanted to ban Halep not for four years but for six years, citing "aggravating circumstances."
"We have the ITIA’s further submission that there are Aggravating Circumstances which should lead to an increase of that four-year period of Ineligibility, up to a total of six years as we think fit in all the circumstances.
"The ITIA submits that there are Aggravating Circumstances that justify a period of Ineligibility of more than four years for the ABP violation, which is therefore the ADRV carrying the more severe sanction..."
The Integrity Agency believed that Simona Halep's 'blood doping' was repetitive and sophisticated. It went as far as to say that it was timed to give her "highly oxygenated blood" during the 2022 Wimbledon Championships and the US Open.
"Ms Halep’s blood doping was repetitive and sophisticated. The timing of the erythropoietic suppression suggests that the blood doping was timed to provide the Player with highly oxygenated blood during Wimbledon (July 2022) and then the US Open (August 2022)."
However, the tribunal ruled against increasing the ban duration, arguing that there was no satisfactory evidence.
"A tribunal should not increase that period unless it is comfortably satisfied that there are truly Aggravating Circumstances, and not just that the case is at the top end of that range."
"While we are comfortably satisfied that the Player’s ABP proves a blood doping ADRV, we are not comfortably satisfied that she was blood doping in March 2022 or around the time of the Wimbledon Championships in June/July 2022."
While the ITIA demanded that Simona Halep's results starting March 2022 be disqualified, the tribunal ruled that only her US Open results should be disqualified (first-round exit).
"The ITIA has asked for disqualification of Ms Halep’s results from 8 March 2022, when blood Sample 44 was collected, to 7 October 2022, the start of Ms Halep’s Provisional Suspension."
"A starting date of 8 March 2022 would depend on the Tribunal being comfortably satisfied that her ABP as shown following the collection of Sample 44 was the result of illicit blood doping. As appears in paragraph 365 above, we are not comfortably satisfied on that point...We therefore disqualify all results obtained by her in competitions from 29 September 2022 to 7 October 2022. In practice that means just the US Open, as she has not competed at all since 29 September 2022."
Simona Halep to be suspended until October 2026
Simona Halep will remain suspended from tennis till October 2026, four years starting from the provisional ban levied on her last year.
"Under TADP Article 10.13, that period of Ineligibility starts from the date of this Tribunal’s final decision, but credit is to be given under TADP Article 10.13.2 for the period of her Provisional Suspension since 7 October 2022, which has been respected by the Player.
"Accordingly, Ms Halep will serve a period of Ineligibility of four years from 7 October 2022 to 6 October 2026."
With the Romanian having repeatedly raised questions about the delay in hearing and decision in her case, the independent tribunal dismissed such accusations, stating that the charges were complex enough to warrant such delay.
"Ms Halep is certainly not responsible for any delay in the hearing and determination of this case. However, despite the Player’s repeated protestations to the contrary, neither is the ITIA nor anyone else involved.
"The case, involving both the Roxadustat Charges and the ABP Charge, has been complex both in its substance and procedurally. Given the complexity, there has been no more delay than would normally be expected."
Thhe tribunal also added that Halep has the right to appeal to CAS (Court of Arbitration for Sport) against the decision - which the Romanian has already vowed to do.
"In accordance with TADP Article 13, there will be a right of appeal exclusively to the Court of Arbitration for Sport, located at Palais de Beaulieu, Av. des Bergières 10, CH-1004 Lausanne, Switzerland ([email protected]), against the whole or any part of the Tribunal’s final decision."
