The Colombian Authorities have reported in November 2011 an anti-doping rule violation against the Player after his sample tested positive for the prohibited substance methylhexaneamine (dimethylpentylamine). Hereafter the Player had returned to Venezuela because his contract ended with the Colombian basketball club.
The Player was not informed about the test result in November 2011 and January 2012 because the notifications from the Colombian authorities were sent to the wrong address.
The analysis of Player’s B sample was abandoned in December 2012 and the Colombian Basketball Federation (CBF) Disciplinary Committee decided to archived the case without imposing any disciplinary sanction to the Player in April 2012.
The FIBA notified the Player in June and October 2012.
The Player filed a statement in his defence and was heard twice, represented by his agent, for the FIBA Disciplinary Panel.
The Player argued that the B sample analysis was abandoned, he was not notified about the adverse analytical finding by the Colombian authorities and no sanction was imposed.
The Player stated he had used a supplement, purchased in a supplement store, and did not know it contained a prohibited substance. Other teammates bought it also, the team physiotherapist did not advise the Player of any possible dangers and the Player declared the supplement on the Doping Control Form.
After notification by the FIBA in November 2012 the Player requested the analysis of the B sample. Due to delays the B sample analysis was reported in February 2013 and confirmed the prohibited substance methylhexaneamine (dimethylpentylamine) in Player’s sample.
The Panel finds the Player acted negligently in his responsibility that no prohibited substance enters his body because he did not research the ingredients of the supplement before using it.
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 decision, i.e. on 5 April 2013.
