Facts
The International Equestrian Federation (FEI) alleges Eder Gustavo Baldin Pagoto (the athlete) for a violation of the Anti-Doping Rules for Human Athletes (ADRHA). The athlete participated at the CIC2* in Colina SP, Brazil from 21 to 22 April 2012, in the discipline of Eventing. On 22 April 2012, the athlete was selected for in-competition testing. Analysis of the urine sample revealed the presence of isometheptene and metabolites. Isometheptene is a Prohibited Substance according to the 2012 Prohibited List of the World Anti-Doping Agency (WADA). Isometheptene is considered a "Specified Substance" under the 2012 WADA Prohibited List. It is prohibited in-competition. The Athlete waived his right to have the B-Sample analysis performed.
History
The athlete had ingested the medication "Neosaldina" as declared on the Doping Control Form, on the day prior to sample collection to treat a migraine crisis. That he was not aware that Neosaldina contained the Prohibited Substance Isometheptene, and that, had he known this, he would have applied for a Therapeutic Use Exemption ("TUE"). That he had been suffering from migraines for years and that Neosaldina had been prescribed by his doctor.
Considerations panel
The athlete was negligent for not telling his physician that he was an athlete undergoing doping controls. His research for prohibited substances in his medicine wasn't very thorough.
Decision
1. The Athlete shall be suspended for a period of six (6) months to be effective immediately and without further notice from today's date. Therefore, the Athlete shall be ineligible through 22 January 2013.
2. The Athlete is fined CHF 1500.
3. No Athlete who has been declared Ineligible may, during the period of Ineligibility, participate in any capacity in a Competition or activity (other than authorized anti-doping education or rehabilitation programs) that is authorized or organized by the FEI or any National Federation or be present at an Event (other than as a spectator) that is authorized or organized by the FEI or any National Federation, or participate in any capacity in Competitions authorized or organized by any international or national-level Event organization (Article 10.10,1 of the ADRHA). Under Article 10.10.2 of the ADRHA, specific consequences are foreseen for a violation of the period of Ineligibility.
Costs
A decision on costs will be rendered separately.
