Facts
The International Equestrian Federation (FEI) alleges Elson Marcelo Baldin Pagoto (the athlete) for a violation of the Anti-Doping Rules for Human Athletes (ADRHA). Mr. Eison Marceio Baldin Pagoto (the "Athlete") participated at the CIC3* 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. The 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") and is considered a "Specified Substance". 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 migraines. That he was not aware that Neosaldina contained the Prohibited Substance Isometheptene, and would not have used it had he known it contained Prohibited Substances. That Neosaldina was a commonly used medication for headaches in Brazil, and available over the counter. The athlete's sole intention had been to heal a migraine crisis, and that he had no intention to enhance his performance. He confirmed that he was not a migraine sufferer. That he had taken one (1) Neosaldina tablet from his brother - as affirmed by his brother during the Hearing - since a light headache kept him from sleeping the night before the competition. That he had felt better after taking Neosaldina and that it allowed him to sleep. That according to the package, the recommended dose was three to four tablets per day. That a friend of his, a medical doctor, had suggested Neosaldina to him for headaches, but that he had not conducted any research on the Prohibited List prior to being confronted with the Adverse Analytical Finding.
Decision
1. The Athlete shall be suspended for a period of nine ( 9 ) months to be effective immediately and without further notice from today's date. Therefore, the Athlete shall be ineligible through 22 April 2013.
2. The Athlete is fined CHF 2000.
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.
4. According to Article 168.4 of the GR's, the present Decision is effective from the day of written notification to the persons and bodies concerned.
Appeal
In accordance with Article 12 of the ADRHA, the Athlete and the FEI may appeal against this decision by lodging an appeal with the Court of
Arbitration for Sport within 30 days of receipt hereof.
Costs
A decision on costs will be rendered separately.
