Spanish swimmer Rafael Munoz is waiting to find out whether the World Anti-Doping Agency would appeal a FINA decision to not suspend him over missed drug tests.
Munoz, who currently holds the world’s top time in the 50m butterfly at 23.00, has missed 3 drug tests since the 2009 World Championships, where he took bronze medals in both the 50 and 100m butterflies. According to anti-doping rules, 3 missed tests should result in a suspension from that lasts anywhere from 2 months to 2 years.
After meeting with Munoz in Budapest prior to the currently ongoing European Championships, FINA officials have excused the first of these missed tests. The original reports cited only a “personal situation” that caused him to miss the tests, but subsequent reports have revealed that a doctor testified on Munoz’s behalf that he missed the test because he was “psychologically vulnerable.”
If they so choose–it’s unclear yet as to whether they will–WADA is within it’s rights to independently appeal the decision to the Court for Arbitration of Sport.
Munoz is still at risk for suspension by FINA if he misses another test. As part of a new crackdown on use of steroids and other performance enhancing substances, athletes within their national testing pools (in a number of sports) are required to give drug testers notice of there whereabouts for one hour a day, every day, between 6am and 11pm. Athletes are supposed to give these whereabouts 3 months in advance, and can update their location online, via email, or via text message. Three missed tests in an 18-month period results in a suspension.
I would expect leniency, with a stern “last-chance” warning, for Munoz, given that there appears to be no evidence that he is actually using any banned substance.