AAA 2016 No. 01 16 0000 6096 USADA vs Rizelyx Rivera

In October 2015 the United States Anti-Doping Agency (USADA) has reported an anti-doping rule violation against the Athlete Rizelyx Rivera after her sample tested positive for the prohibited substances noroxycodone and oxymorphone (metabolites of oxycodone).

After notification a provisional suspension was ordered. The Athlete filed a statement in her defence and was heard for the American Arbitration Association (AAA) Commercial Arbitration Tribunal.

The Athlete admitted the violation and requested the Panel for a reduced sanction arguing that the violation was non intentional.
She stated that she took a pill provided by her grandmother when she suffered from pain related to her menstrual cycle and at the same time she also suffered from other injuries.
The Athlete’s grandmother used Percocet (acetaminophen and oxycodone) after surgery and the Athlete made numerous attempts to obtain her grandmothers medical records in support of her statement but the Athlete’s grandmother refused to cooperate.

The Panel finds that Rivera's conduct was not "intentional": she was in an out-ofcompetition situation, she was given a single pill by her grandmother, she did not know she was engaging in conduct that might be an anti-doping rule violation nor did she know there was a significant risk that the conduct might result in an anti-doping rule violation. After due consideration, the Panel finds that Athlete falls in the middle of the "moderate" degree of fault, which results in a period of ineligibility of twelve months.

Therefore the AAA Tribunal Panel decides on 31 August 2016 to impose a 12 month period of ineligibility on the Athlete starting on the date of the sample collection, i.e. on 15 August 2015.

Original document

Parameters

Legal Source
National Decisions
Date
31 August 2016
Arbitrator
George, Paul E.
Myler, Cameron
Oliveau, Maidie
Original Source
United States Anti-Doping Agency (USADA)
Country
United States of America
Language
English
ADRV
Adverse Analytical Finding / presence
Legal Terms
Case law / jurisprudence
Commencement of ineligibility period
No intention to enhance performance
No Significant Fault or Negligence
Period of ineligibility
Sport/IFs
Weightlifting (IWF) - International Weightlifting Federation
Other organisations
United States Anti-Doping Agency (USADA)
Doping classes
S7. Narcotics
Substances
Oxycodone
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Physical injury
Treatment / self-medication
Various
Out-of-competition use / Substances of Abuse
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Pdf file
Date generated
2 March 2017
Date of last modification
5 December 2019
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