LAUSANNE, Switzerland, September 14. THE Court of Arbitration for Sport (CAS) issued its decision in the arbitration between the Australian swimmer Ryan Napoleon and the International Swimming Federation (FINA) regarding Napoleon's sanctions after a positive test for Formoterol on Nov. 16, 2009.
All sides agree that Napoleon did not intend on taking the banned substance as a pharmacist labeled one of Napoleon's inhalers incorrectly leading to the positive test. Originally, the FINA Doping Panel announced a three-month ban that started on Aug. 20 2010.
Today, CAS elected to partially set aside the FINA Doping Panel decision by instituting Napoleon's three-month ban retroactively to June 15, 2010. Additionally, all of Napoleon's times from Nov. 16, 2009 to Jan. 28, 2010 have been stripped.
This opens the door for Napoleon to return starting Sept. 15, 2010, in time for the Commonwealth Games next month.