In November 2011 the Colombian Administrative Department of Sports (COLDEPORTES) has reported an anti-doping rule violation against the Player after his sample tested positive for the prohibited substance stanozolol.
The Player did not receive COLDEPORTES’ notification of the positive doping test because the Player had already returned to the Dominican Republic due to a physical injury and the termination of his contract with the Colombian club.
On 11 April 2012 the Colombian Basketball Federation (CBF) Disciplinary Committee decided to impose a 1 year period of ineligibility, hereafter revised on 13 April 2012 to a 2 year period of ineligibility on the Player.
In July 2012 the FIBA notified the Player and ordered a provisional suspension. The Player filed a statement with supporting documentation in his defence and was heard for the FIBA Disciplinary Panel.
The Player argued that his right to defend himself was violated because he was not notified by COLDEPORTES of the positive doping test nor of his right to request the B sample analysis.
The Player stated that he was treated for a heel injury in the Dominican Republic and in Colombia. In October 2011 the Player received multiple injections in Columbia without its content explained to the Player.
In September 2012 the FIBA offered the Player the right to request the analysis of the B sample. Hereafter the Player requested the analysis of the B sample, but the laboratory did not perform the analysis due to non payment of the required costs by the Player.
The Panel finds the Player acted negligently in his responsibility that no prohibited substance enters his body, because the Player did not question the content of the multiple injections he received and failed to take any precaution to that effect.
Therefore on 5 November 2012 the FIBA Disciplinary Panel decides to impose a 2 year period of ineligibility on the Player starting on the date of the CBF decision, i.e. on 11 April 2012.
