Paige Johnson v. Fédération Equestre Internationale (FEI)

II. FACTUAL BACKGROUND

3. From 17 to 22 January 2017, the Appellant participated in the CSI2* event in Wellington, Florida, United States of America in the discipline of jumping (the “Event”). The Appellant rode Luke Skywalker 46 (the “Horse”). During the Event, blood and urine samples were collected from the Horse.

4. On 5 April 2017, the FEI charged the Appellant with committing an anti-doping violation under Article 2.1 of the EADR, namely the presence of a banned substance – pramoxine – in the Horse’s sample. The Appellant was provisionally suspended pending determination of the charge.

5. On 14 July 2017, the FEI Tribunal found the Appellant guilty of committing an anti-doping violation under the EADR and sanctioned her with a period of one year of ineligibility from 5 April 2017 to 4 April 2018 (the “Appealed Decision”). The Appealed Decision was notified to the Appellant on that day.

III. PROCEEDINGS BEFORE THE COURT OF ARBITRATION FOR SPORT

6. On 4 August 2017, in accordance with Articles R47 and R48 of the Code of Sports-related Arbitration (the “CAS Code”), the Appellant filed a statement of appeal against the Respondent before the CAS challenging the Appealed Decision. In her statement of appeal, the Appellant submitted following requests for relief:

“The Appellant respectfully requests the Panel to:

(a) set aside the Decision dated 14 July 2017;

(b) eliminate or otherwise reduce the sanction imposed on the Appellant;

(c) order the Respondent to:

(i) reimburse the Appellant her legal costs and other expenses pertaining to this appeal proceeding before CAS;

(ii) bear the costs of the arbitration”.

7. In her Statement of Appeal, the Appellant requested a deadline extension until 29 August 2017 to file her appeal brief.

8. On 10 August 2017, the CAS Court Office wrote to the parties informing them that the Appellant’s request for a deadline extension to file her appeal brief had been granted.

9. On 25 August 2017, the Appellant wrote to the CAS Court Office informing it that the status of pramoxine as a banned substance was under review by the FEI Bureau and that the parties agreed to suspend the procedure pursuant to Article R32 of the CAS Code pending a decision by the FEI Bureau on the reclassification of pramoxine.

10. On 28 August 2017, in accordance with Article R32 of the CAS Code, the CAS Court Office suspended the procedure and requested the Appellant to keep it updated on the progress of the reclassification of pramoxine.

11. On 19 September 2017, the Appellant wrote to the CAS Court Office informing it that the parties entered into a settlement agreement on that day and submitted a signed copy of the settlement agreement (the “Settlement Agreement”). In light of the fact that a Panel had not yet been fully constituted, the parties furthermore agreed to jointly nominate Mr Mark A. Hovell, Solicitor in Manchester, United Kingdom, as a Sole Arbitrator.

12. The parties requested the Sole Arbitrator to incorporate the terms of the Settlement Agreement into a Consent Arbitral Award pursuant to Article R56 of the CAS Code:

“BEFORE THE COURT OF ARBITRATION FOR SPORT

BETWEEN:

PAIGE JOHNSON

Appellant

and

FÉDÉRATION EQUESTRE INTERNATIONALE

Respondent

SETTLEMENT AGREEMENT TO BE INCORPORATED IN A CONSENT ARBITRAL AWARD PURSUANT TO CAS CODE ARTICLE R56

[…]

NOW, THEREFORE, THE PARTIES HAVE AGREED (SUBJECT ONLY TO THE APPROVAL OF THE CAS) TO THE FOLLOWING TERMS FOR DISPOSAL OF THE APPEAL:

2.1 This appeal is admissible.

2.2 The Decision of the FEI Tribunal dated 14 July 2017, imposing a period of ineligibility on Ms Johnson of one year, commencing on 5 April 2017 and expiring at midnight on 4 April 2018, is set aside.

2.3 In accordance with the Decision of the FEI Tribunal, the FEI is satisfied that Ms Johnson established:

(a) how the Pramoxine entered the Horse’s system;

(b) that this was her first violation of the EADRs; and

(c) that she bore No Significant Fault or Negligence.

2.4 Given that the FEI Bureau has decided that:

(a) Pramoxine shall no longer be classified as a Banned Substance regulated by the EADRs;

(b) Pramoxine shall be reclassified as a Controlled Medication regulated by the ECMRs;

and having regard for:

(c) the fact that that the use of Pramoxine shall no longer be considered an anti-doping rule violation; and that

(d) Ms Johnson shall, as a consequence, be entitled to the application of lex mitior;

the FEI agrees that, as a matter of fairness and further to the principle of proportionality, Ms Johnson’s period of ineligibility shall be reduced to 3 months.

2.5 In accordance with EADR 10.10.4 (“Credit for Provisional Suspension or Period of Ineligibility Served”), the period of ineligibility shall be deemed to have commenced on 5 April 2017 (i.e. the date on which the FEI imposed a provisional suspension on Ms Johnson) and ended on 4 July 2017.

2.6 In accordance with EADRs 9.1 and 10.1.2,11 the results achieved by Ms Johnson and the Horse combination at the Event are disqualified, with all resulting consequences, including forfeiture of any related medals, points and prizes.

2.7 In addition, as previously determined by the FEI Tribunal, Ms Johnson shall:

(a) pay a fine of two thousand Swiss Francs (CHF 2,000);

(b) contribute three thousand Swiss Francs (CHF 3,000) towards the costs of the FEI judicial procedure.

2.8 The CAS arbitration costs (to be determined and notified by the CAS Court Office in due course) will be borne by the parties in equal parts: 50% to be paid by Ms Johnson and 50% to be paid by the FEI.

2.9 Each party will bear its own legal and other costs incurred in connection with this arbitration.

2.10 The parties hereby request that the CAS Panel issue a Consent Arbitral Award incorporating the terms of this agreement. The parties acknowledge and agree that, pursuant to CAS Code Article R59, that award will be made public by the CAS.

2.11 The terms set out in this agreement have been agreed as a full and final settlement of all claims relating to the subject-matter of these proceedings. Accordingly, any and all other claims for relief that any party might otherwise have made against another in relation to the subject-matter of these proceedings are released and discharged unconditionally, and they may not be pursued in any form hereafter.

Name: __________________________ Date: 19 September 2017

Name: Mike Morgan

Position: Partner, Morgan Sports Law

For and on behalf of Ms Paige Johnson

Name: __________________________ Date: 19 September 2017

Name: Mikael Rentsch

Position: Legal Director

For and on behalf of the Fédération Équestre Internationale”.

13. On 22 September 2017, the CAS Court Office, on behalf of the President of the Appeals Arbitration Division, confirmed the appointment of Mr. Hovell as Sole Arbitrator.