FEI Equine Anti-Doping Rule Violations – The options if your horse tests positive
Introduction
If your horse tests positive for a prohibited substance, it can be daunting. This article explains what to expect after receiving notification of an FEI equine anti-doping violation and the options you have to resolve the matter.[1]
This article does not address Atypical Findings – which are handled under a different policy. Please read our article here, for more information about those cases.
How do I know my horse has tested positive?
If your horse has tested positive for a prohibited substance, you will receive a notification letter from the FEI setting out:
- Which substance was found (and whether it is a Banned Substance or Controlled Medication);[2]
- The date the sample was taken (this is usually at an event, but out-of-competition testing is also possible - read more about that here);
- Whether you and/or your horse are provisionally suspended;[3]
- The options to resolve the case; and
- The deadlines to respond.
Possible sanctions
If you are found to have committed a rule violation, the following sanctions may apply:
- Disqualification of results (including returning any prizes won);
- A ban from competing (up to 6 months for a Controlled Medication and up to 2 years for a Banned Substance (and potentially longer if there are aggravating factors));
- A fine (up to CHF 5,000 for a Controlled Medication and up to CHF 15,000) for a Banned Substance;
- A contribution to the FEI’s legal costs (up to CHF 10,000 for a Controlled Medication and up to CHF 15,000 for a Banned Substance).
Your options
There are various ways to resolve the case, depending on the circumstances.
1. Administrative Procedure (Fast Track)
This is the quickest and simplest way to get a heavily reduced sanction (including no ban from competing). However, it is only available if:
- Only one Controlled Medication is found;
- It is your first offence;[4]
- The sample was not taken at a major event (i.e. the Olympics, Paralympics or World Equestrian Games).
If you choose this route, you will:
- Be disqualified from the event where your horse tested positive (and must return any prizes won); and
- Pay a fine of CHF 1,500 and costs of CHF 1,000–2,000.
However, significantly, you will not be banned from competing for any period of time. That is a major advantage of this option.
You have a short time to take this option, normally within 14 days from receiving the notification letter.
2. Consent Award
If the administrative procedure is not available, you will be offered a consent award. This means you admit the violation and accept a reduced sanction, which usually includes:
- A shorter than usual ban (typically a 3-month reduction for a Controlled Medication and a 6-month reduction for a Banned Substance);
- Disqualification from the event where your horse tested positive (including return of any prizes won); and
- A fine (usually CHF 2,500 for Controlled Medications and CHF 5,000 for Banned Substances).
You have a short time to take this option, usually within 20 days of receiving the notification letter.
In 2024, 60% of FEI equine anti-doping cases were handled by a consent award so it is a popular choice.
It is similar to the administrative procedure, but the sanctions are more severe – and include a ban from competing.
3. Case Resolution Agreement
If you do not choose the administrative procedure or consent award, you may be able to reach a settlement with the FEI (called a Case Resolution Agreement).
Typically this occurs where the Person Responsible (PR) is able to demonstrate that they do not bear full fault for a positive finding (for example, if they have evidence that a supplement given to the horse was contaminated without their prior knowledge).
The agreed sanctions will depend on the circumstances but often entail:
- Disqualification from the event where the horse tested positive (including return of any prizes won);
- A reduced ban – or no ban at all;
- A reduced fine – or no fine at all;
- A reduced contribution to the FEI’s legal costs – or no contribution at all.
A benefit of this option is that it can enable you to get a reduced sanction in circumstances where the options mentioned above are not available. Further, like the options mentioned above, it provides certainty about the outcome because the sanctions are agreed, rather than decided by the FEI Tribunal (see more below). It is also usually quicker than going through the FEI Tribunal process. However, it requires the FEI’s agreement – which is not always possible.
4. FEI Tribunal
If none of the above options are available or agreed, your case will go to the FEI Tribunal, an independent body which decides on matters related to the FEI rules. Here:
- The FEI presents its evidence;
- You can submit your explanation and evidence;
- You may request a hearing; and
- A panel composed of one or three members of the FEI Tribunal reviews the case, and decides the outcome and any sanctions.
In case of an unfavourable decision, the FEI Tribunal’s decision can then be appealed to the Court of Arbitration for Sport (CAS).
Conclusion
The consequences of a positive equine anti-doping test can potentially be very serious, but there are various ways to resolve the situation.
Our team has significant experience representing athletes and trainers in equine anti-doping procedures and has on many occasions secured significant reductions (and eliminations) of sanctions.
If you have been notified that your horse has tested positive for a prohibited substance, we would be pleased to discuss your options and advise on the appropriate next steps. Please reach out to Ellen Kerr, Associate on +44 7487 702 114 or ellen.kerr@morgansl.com
Authored by
Ellen Kerr
Associate
and
Alice Marcossian
Paralegal