'When a prohibited substance is detected, it is up to the athlete to establish the circumstances surrounding the entry of the substance into his or her body (including the timing of such entry), in order for the hearing panel to be in a position to assess the question of intent, fault and negligence, and to determine the appropriate consequences.
In the case of meldonium, there is currently a lack of clear scientific information on excretion times. For this reason, a hearing panel might justifiably find (unless there is specific evidence to the contrary) that an athlete who has established on the balance of probabilities that he or she ingested meldonium before 1 January 2016 could not reasonably have known or suspected that the meldonium would still be present in his or her body on or after 1 January 2016. In these circumstances, WADA considers that there may be grounds for no fault or negligence on the part of the athlete.
However, given that the presence of meldonium in the athlete’s sample collected on or after 1 January 2016 constitutes an anti-doping rule violation, the disqualification of the athlete’s results shall (even where there is no fault or negligence) be dealt with in accordance with the applicable Code provisions. If the sample was collected in competition, then the results in the competition in question will be automatically disqualified in accordance with Article 9 of the Code.
For all cases where the athlete is considered to be at fault for the presence of meldonium in his or her sample, all relevant criteria to assess the degree of fault/negligence and intention shall be assessed by: the level of the athlete’s due diligence, any medical justification, declaration on the doping control form, etc.'
It goes on to say that if the test were taken AFTER March 1st and there is clear evidence that the drug wasn't taken after the 1st January, the Appeal board may decide, based on the uncertain excretion rates, either to
1 Hold the suspension until such time as more data is available about the drug's excretion rate
2 Lift the suspension, but then if the findings of the research into the drug do not support what the athlete is saying, all results may be annulled and the athlete disqualified.
So this is a difficult decision, that depends on some abstract science and uncertain timing. If Kuksenkov's hearing goes well, his suspension could be lifted. Joy! But then again if the subsequent results of the research into Meldonium don't pay off, all of his results could be annulled - and my guess is that this would include any team results that include the Russian national champion.
Progress, but there is a sword of Damocles hanging over the gymnast's head. I wonder what Andrei Rodionenko will have to say? If WADA rule that Kuksenkov's suspension can be lifted, will the Russians be ready to take the risk?
I expect we will hear from the Russian Ministry of Sport about this soon.
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