17th December 2014

Athletics Kenya publishes details of Kipsang’s missed test, despite rules

Athletics Kenya has revealed that the 2014 New York Marathon winner, Wilson Kipsang, missed a doping test in November, despite confidentiality rules. Under Article 2.4 of the 2009 World Anti-Doping Code – currently in force – ‘Any combination of three missed tests and/or filing failures within an eighteen-month period as determined by Anti-Doping Organizations [ADOs] with jurisdiction over the Athlete shall constitute an anti-doping rule violation’.

However, the current 2012 International Standard for Testing (IST) requires ADOs to keep missed tests confidential until such an anti-doping rule violation is confirmed. ‘An ADO that declares, or that receives notice of, a Whereabouts Failure in respect of an Athlete shall not disclose that information beyond those persons with a need to know unless and until that Athlete is found to have committed an anti-doping rule violation under Code Article 2.4 based on (among other things) such Whereabouts Failure’, reads Article 11.6.4 of the IST. ‘Such persons who need to know shall also maintain the confidentiality of such information until the same point’.

‘Athletics Kenya would like to report that it has received communication from the IAAF [International Association of Amateur Athletics Federations] on the notification of a confirmed missed doping test for Wilson Kipsang’, read the statement from Athletics Kenya. ‘The notification following an unsuccessful attempt to conduct an out-of-competition test on the athlete on November 11. The athlete was notified of the apparent missed test on Nov. 13. Following this the athlete was requested to give an explanation of the missed test, which was filed ten days later to the IAAF. Having reviewed the report and details of the test attempt, as well as the athletes response, the IAAF is satisfied that all criteria under IAAF Anti-Doping Regulations were met, and subsequently it has been determined that a Missed Test should be recorded against Kipsang.’ The statement said that doping control officers had attempted to contact Kipsang after he was not at his stated location, however his phone was switched off.

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