Facts
The International Baseball Federation (IBAF) Anti-Doping Tribunal convened to hear and determine the disciplinar proceedings brought by the International Baseball Federation (the 'IBAF') against
Agustin Murilo (Player) for violation of the IBAF Anti-Doping Rules (ADR). In his sample collected from him on 12 March 2009 the presence of Clenbuterol was detected, also the requested B-sample analysis tested positive on Clenbuterol. The charged is handled without a hearing.
History
The player thinks some supplements he uses were contaminated or his medication for flu was contaminated.
Considerations of the panel
The player was unable to give any proof about how the prohibited substance had entered his body.
Decision
The Tribunal rules as follows:
1.1 The Player has committed an anti-doping rule violation under Article 2.1 of the IBAF ADR in that Clenbuterol, a Prohibited Substance, was present in the sample collected from him after the 2009 World Baseball Classic match between Mexico and Cuba on 12 March 2009.
1.2 As a consequence:
a. The Player's individual results from the 2009 World Baseball Classic matches in which he played are Disqualified in
accordance with Aricles 9.1 and 10.1 of the IBAF ADR, with any medals, points and prizes that he eared from his participation in those matches to be forfeited.
b. In accordance with Article 10.2 of the IBAF ADR, the Player is ruled Ineligible for a period of two years. Further to article 10.10 of the IBAF ADR, during that period of Ineligibility the Player may not 'participate in any capacity in any Event or activity (other than authorized anti-doping education or rehabilitation programs) authorized or organized by IBAF or any National Federation or a club or other member organization of IBAF or any National Federation, or in Competitions authorized or organized by any professional league or any international or national level Event organization. ' This includes Major and Minor League Baseball. If the Player does continue to paricipate in Major or Minor League Baseball, then Aricle 10.10.2 of the IBAP ADR will apply to push back the commencement date of the period of Ineligibility imposed in this Award to the date of his last MLB or MiLB match.
c. In accordance with Aricle 10.9 ofthe IBAF ADR, the two-year period of Ineligibility shall commence as of the date of this Final Award and shall therefore end at midnght on 25 July 2011.
