Mr Paulo Miyao is a Brazilian Athlete in the sport of Brazilian Jiu-Jitsu and residing in the United States.
In August 2016 the United States Anti-Doping Agency (USADA) reported an anti-doping rule violation against the Athlete after his sample tested positive for the prohibited substance clomiphene.
After notification a provisional suspension was ordered. The Athlete file a statement with arguments in his defence and he was heard for the Commercial Arbitration Tribunal of the American Arbitration Association (AAA).
The issue of whether USADA has jurisdiction with respect to the Athlete’s positive drug test at the 2016 World Championship comes down to a determination of whether he knew, or should have known, that USADA was responsible for drug testing and results management, including dispute resolution through arbitration.
USADA and IBJJF established clearly that USADA was retained by a contract effective as of January 14, 2016, to conduct drug tests and results management at the 2016 World Championship.
The Athlete presented evidence through a written Declaration and by testimony at the 28 March 2017 video conference hearing that his native language is Portuguese, that he does not read English, and that his three year study of English in Brazilian schools was rudimentary.
The Athlete argued that he did not understand that the registration documents he signed to enter the 2016 World Championship - particularly the Additional Waiver Release Terms - committed him to results management, in particular arbitration, under USADA jurisdiction. His inability to read English is cited as the reason for his lack of understanding.
The Sole Arbitrator notes that the Athlete testified at several points that he had assistance in completing the 2016 World Championship registration. And he certainly had time between his 31 May 2015 doping test and his appearance in the 2016 World Championship in June 2016 to inquire, learn, ask and search about doping control procedures.
The Arbitrator finds that the Athlete was an experienced athlete in IBJJF competition and had access to many resources, but in testimony conveyed a disinterested, or perhaps even a careless attitude, towards the registration documents he was required to read and acknowledge. In the Arbitrator's view, the Athlete knew, or should have taken the initiative to know, the essential elements of the USADA Protocol and WADA Code applicable to him as an experienced, successful international competitor in International Brazilian Jiu-Jitsu.
Therefore the AAA Tribunal decides on 12 April 2017:
A.) USADA has sustained its burden of proof, thus making the Respondent subject to the jurisdiction of USADA for the purposes of Results Management Procedures following his positive drug test result at the 2016 World Championship.
B.) Subject to the agreement of the Parties, a separate Hearing should be held with respect to the merits of Respondent's case.
C.) The Parties shall bear their own attorney's fees and costs associated with this Arbitration.
D.) This Decision shall be in full and final resolution of the issue of jurisdiction only, and not on the merits of the claim submitted to this Arbitration.
Hereafter on 10 May 2017 USADA announced that the Athlete Paulo Miyao had accepted a two-year sanction for his anti-doping rule violation.
