On 13 January 2014 the Spanish Agency for the Protection of Health in Sport (Agencia Española de Protección de la Salud en el Deporte, AEPSAD) decided to impose a 2 year period of ineligibility on the respondent after his sample tested positive for the prohibited substance methylhexaneamine (dimethylpentylamine). The Athlete stated that he had used a prepared drink with Hemo Rage from a team member.
Hereafter in February 2014 the respondent appealed the AEPSAD decision with the Tribunal Administrativo del Deporte (TAD), the Spanish Disciplinary Committee for Sports.
The respondent argued that the sanction was disproportional; he acted without fault or negligence; had not intention to enhance his sport performance; and he didn’t know he ingested a prohibited substance.
He stated that he ingested the drink in the morning on Saturday while the competition took place on Sunday after 17:00 hours. Therefore he claimed that 3 hours after ingestion the substance does not enhance sport performance anymore. Also the respondent referred to a similar case with a Portugese duathlete who was sanctioned only for six months.
The Tribunal finds that the respondent had admitted the use of the prohibited substance an acted negligence without ensuring that the drink does not contain a prohibited substance. He also showed insufficient evidence that he acted without intention to enhance sport performance.
Therefore the Tribunal dismiss the respondent’s appeal and decides to confirm the AEPSAD decision of 13 January 2014.
