ISADAP 2017 ISADDP Appeal Decision 20164962 - Appeal

Related case:
GAAADHC 2016 SI Disciplinary Decision 20164962
February 27, 2017

In May 2016 Sport Ireland (Spórt Éireann) has reported an anti-doping rule violation against the Athlete IS-4962 after his A and B samples tested positive for the prohibited substance Methylhexaneamine (dimethylpentylamine).

The Athlete admitted the violation and denied the intentional use of the substance. He stated that he purchased caffeine tablets Falcon Labs Oxy Burn Pro recommended by a casual friend. He asserted that he researched the ingredients of the product on the internet before using, the prohibited substance was not mentioned on the label of the product and he mentioned these caffeine tablets on the Doping Control Form.

The GAA Anti-Doping Hearing Committee considered that the Athlete’s violation was not intentional, that he researched the product before using, admitted the violation and explained how the substance came into his system. The Athlete’s conduct showed also that he was educated enough to be aware of the existence of doping and the need to check his supplements. However he purchased the supplement following the recommendation of a casual friend and failed to consult the nutritionist or his own general practitioner about this product.

Establishing No Significant Fault or Negligence for the Athlete’s conduct the GAA Anti-Doping Hearing Committee decided on 27 February 2017 to impose a 6 month period of ineligibility on the Athlete IS-4962. The sanction started on the date of the provisional suspension, i.e. 13 May 2016 and is without the 11 weeks he has already served.

Hereafter in March 2017 the Athlete appealed the decision of the GAA Anti-Doping Hearing Committee with the Irish Sport Anti-Doping Appeal Panel (ISADAP).

The Appeal Panel reviewed the positive and negative factors considered by the GAA Anti-Doping Hearing Committee and finds that the Committee may have given slightly too much weight to the negative factors and not quite enough weight tot the positive factors in favour of the Athlete.
Therefore the ISADAP decides on 31 May 2017 that the imposed period of ineligibility by the Committee of 6 months should be reducted from 26 to 21 weeks. With the time already served the Athlete can return to training with immediate effect.

Original document

Parameters

Legal Source
National Decisions
Date
31 May 2017
Arbitrator
Deutrom, Warren
O'Flynn Flannery, Mary
Woulfe, Seamus
Original Source
Sport Ireland
Country
Ireland
Language
English
ADRV
Adverse Analytical Finding / presence
Legal Terms
Mitigating circumstances
No intention to enhance performance
No Significant Fault or Negligence
Period of ineligibility
Prompt / Timely Admission
Sport/IFs
Gaelic Football (GAA) - Gaelic Athletic Association
Other organisations
Gaelic Athletic Association - Cumann Lúthchleas Gael (GAA)
Spórt Éireann - Sport Ireland
Laboratories
Cologne, Germany: Institute of Biochemistry - German Sport University Cologne
Analytical aspects
B sample analysis
Doping classes
S6. Stimulants
Substances
4-Methylhexan-2-amine (methylhexaneamine, 1,3-dimethylamylamine, 1,3 DMAA)
Various
Athlete support personnel
Contamination
Education
Supplements
Document type
Pdf file
Date generated
11 October 2017
Date of last modification
10 January 2019
Category
  • Legal Source
  • Education
  • Science
  • Statistics
  • History
Country & language
  • Country
  • Language
Other filters
  • ADRV
  • Legal Terms
  • Sport/IFs
  • Other organisations
  • Laboratories
  • Analytical aspects
  • Doping classes
  • Substances
  • Medical terms
  • Various
  • Version
  • Document category
  • Document type
Publication period
Origin