If reports are to be believed the substance in question wasn`t on the official banned list which means they can`t charge him with severe negligence, negligence sure but not severe which would stipulate a heavy punishment.
A) have you actually read the banned list?
B) have you read the rules about what to do if a substance is not on the banned list?
C) do you know what the substance actually is?
Answers:
A) the list includes all beta-2 agonists including all isomers. The individual names and trade names are not listed because it's a blanket ban. It wasn't named on the list before or after the list was revised in 2016 because that's not the way the list is worded.
B) if a substance is not on the list - you don't take it. Taking a substance that's not on the list without checking is an offence. Ignorance is not a defence.
C) the substance he's reported to have taken is a beta-2 agonist. See item A above.
If a substance is not on the list you don't take it without checking and if you don't check it's negligence.
Those are the doping rules. The 'reports to be believed' are one French media source (briefed by Sakho's lawyers I assume) which has mentioned the substance and said it's not on the list but that doesn't make any sense of you actually read the rules.
I'll say it one last time:
The substance he's reported to have taken is on the list if it's a beta-2 agonist.
If he took something that's not listed specifically without checking he's guilty of negligence. The guidance given to footballers is clear that it's the players responsibility to check everything and ignorance is no defence.
If someone can tell me that the substance he took is not in fact a beta-2 agonist as reported then I'll feel happier that he'll be ok. If it is then he should be looking for mitigating circumstances to be taken into account.
WADA banned list:
S3. BETA-2 AGONISTS
All beta-2 agonists, including all optical isomers, e.g. d- and l- where relevant, are prohibited.
Except:
• Inhaled salbutamol (maximum 1600 micrograms over 24 hours);
• Inhaled formoterol (maximum delivered dose 54 micrograms over 24 hours); and
• Inhaled salmeterol in accordance with the manufacturers’ recommended therapeutic regimen.
The presence in urine of salbutamol in excess of
1000 ng/mL or formoterol in excess of 40 ng/mL is presumed not to be an intended therapeutic use of the substance and will be considered as an Adverse Analytical Finding (AAF) unless the Athlete proves, through a controlled pharmacokinetic study, that the abnormal result was the consequence of the use of the therapeutic inhaled dose up to the maximum indicated above.Guidance for players:
Players should be aware that doping controls can be carried out at all times, both in- and out-of- competition. We therefore remind you of Paragraph 2.01b) of the UEFA Anti-Doping Regulations, edition 2015: “It is each player’s personal duty that no prohibited substance enters his body. Accordingly, it is not necessary that intent, fault, negligence or knowing use on the player’s part be demonstrated in order to establish an anti-doping rule violation for use of a prohibited substance or prohibited method”. Given the disciplinary consequences that a player may face in the event of an anti-doping rule violation, we ask that all players be fully informed of the risks involved in taking any form of medication or food supplement.From the leaflet issued to all players:
Who is responsible if I commit a doping offence?
It is always your responsibility, whether the offence involves a banned substance in your body when you are tested, a refusal to be tested, a whereabouts violation, or any other type of anti-doping rule violation. Remember, it is your body and your career and you cannot blame anyone else.
Are supplements safe?
Nutritional supplements are not regulated like medicines are, so you can never be sure that the label shows the real contents. Studies have shown that around 15% of supplements bought over the internet could be contaminated with banned substances such as anabolic steroids.
Several players have taken supplements and have then tested positive, even when they had not meant to take banned substances. This still leads to a long suspension from football. Substances such as methylhexanamine (which is also known by other names, including geranamine) are often involved in such cases.
Never trust a supplement that says it is approved by UEFA, FIFA or similar sport organisations. This will never be the case. Be careful – if the packaging claims it will enhance your performance, it probably has a banned substance in it!http://www.uefa.org/MultimediaFiles/Download/EuroExperience/uefaorg/Anti-doping/02/32/57/15/2325715_DOWNLOAD.pdfFrom the UEFA guide to the WADA list
Can prohibited substances be present in nutritional supplements?
Yes. The results of studies recently carried out on nutritional supplements used by athletes have shown that many of these products are contaminated with prohibited substances, including anabolic steroids and stimulants. The ingredient lists on most supplements rarely indicate that they contain prohibited substances.
You should also be aware that some prohibited substances have several different names. For example, there have been many cases in recent years of athletes from several sports, including football, testing positive for the banned stimulant methylhexaneamine, which is commonly found in supplements. Methylhexaneamine is also known as dimethylamylamine, geranamine, Forthane, 2-amino-4- methylhexane, geranium root extract and geranium oil. Although one of these names may be listed in the ingredients of a supplement, the official name of methylhexaneamine will almost certainly not be.
You must be extremely careful with the use of nutritional supplements as you would face disciplinary sanctions in the event of a positive doping test, even if you had accidentally consumed a prohibited substance via the supplement.
What should I do if I have to take any medication or a food supplement?
Given the disciplinary consequences that you may face in the event of an anti-doping rule violation, you should be aware of the contents of the Prohibited List, and before taking any medication or food supplements you should consult your team doctor or your national anti-doping organisation (NADO). You can also ask for advice at anti-doping@uefa.ch.http://www.uefa.org/MultimediaFiles/Download/EuroExperience/uefaorg/Anti-doping/02/32/57/87/2325787_DOWNLOAD.pdf