FIBA 2012 FIBA vs Mr. A (1)

An anti-doping rule violation has reported against the Player for the use of the prohibited substance 3-hydroxy-4-methoxy-clomiphene, 4-hydroxy-clomiphene,N-desmethyl-4-hydroxy-clomiphene (metabolites of clomiphene).
A provisional suspension was ordered, Player’s request for a Therapeutic Use Exemption (TUE) was rejected and a 2 year period of ineligibility was imposed on the Player. Hereafter Player’s appeal was rejected and the sanction confirmed.

The Player appealed the imposed sanction to the FIBA. The Player filed a statement in his defence and was heard for the FIBA Disciplinary Panel.
Player stated he had used prescribed medication to treat his health problems in the weeks before the doping control. Player did not know the medication could contain a prohibited substance and had no intention to enhance his performance. His two doctor’s confirmed Player’s statement and the use of the prescribed medication.
The Panel finds the Player acted negligently in his responsibility that no prohibited substance enters his body.
He did not research the ingredients of the medication before using it and did not consult a doctor or sport physician about the medication. Considering Player’s statement and the circumstances the FIBA Disciplinary Panel decides to impose a 9 month period of ineligibility on the Player starting on the date of the provisional suspension.

Original document

Parameters

Legal Source
Decisions International Federations
Date
23 October 2012
Arbitrator
Harcourt, Peter
Hilgert, Wolfgang
Original Source
International Basketball Federation (FIBA)
Language
English
ADRV
Adverse Analytical Finding / presence
Legal Terms
International Standard for Laboratories (ISL)
Negligence
No intention to enhance performance
Period of ineligibility
Specified substance
Strict liability
Sport/IFs
Basketball (FIBA) - International Basketball Federation
Doping classes
S4. Hormone And Metabolic Modulators
Substances
Clomifene
Medical terms
Legitimate Medical Treatment
Therapeutic Use Exemption (TUE)
Various
Sports licence
Document type
Pdf file
Date generated
17 September 2013
Date of last modification
9 January 2019
Category
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  • Education
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  • ADRV
  • Legal Terms
  • Sport/IFs
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  • Laboratories
  • Analytical aspects
  • Doping classes
  • Substances
  • Medical terms
  • Various
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  • Document category
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