CAS 2014/A/3786 World Anti-Doping Agency (WADA) v. Confederação Brasileira de Canoagem (CBC) & Denise Consuelo Oliveira
Related case:
CAS 2014_A_3787 WADA vs Confederação Brasileria de Canoagem & Igor Alex Tofalini
May 4, 2015
Canoe
Doping (19-norandrosterone)
CAS jurisdiction
Standard sanction
Reduction of the sanction
1. WADA has the right to appeal a final decision that has not been appealed by the athlete directly to CAS, which has jurisdiction to hear the case.
2. 19-norandrosterone, classified under Section “S1” of the 2013 WADA Prohibited List as an Anabolic Agent, is indeed a Prohibited Substance but cannot be considered as a Specified Substance for the purpose of determining the sanction to the athlete. Consequently, pursuant to the applicable anti-doping regulations, the standard sanction for a first violation is a two-year period of ineligibility unless conditions for reduction or elimination are present.
3. The specific circumstance that an athlete claims not to have used a prohibited substance to enhance his/her sporting performance has nothing to do with the exceptional circumstances established by articles 10.5.1 and 10.5.2 of the applicable anti-doping regulations and thus cannot be used to reduce the standard sanction.
In January 2014 the Brazilian Canoe Confederation (CBC) reported an anti-doping rule violation against the Athlete Denise Consuelo Oliveira after her A and B samples tested positive for the prohibited substance 19-norandrosterone (Nandrolone).
The Athlete admitted the violation and stated that she had used the product Nandrolone Decanoate provided by a friend for aesthetic reasons and without intention to enhance sport performance.
On 3 April 2014 the Superior Tribunal de Justiça Desportiva do Futebol (STJD), the Brazilian High Sports Court, decided to impose a 1 year period of ineligibility on the Athlete.
Hereafter in October 2014 the World Anti-Doping Agency (WADA) appealed the STJD decision with the Court of Arbitration for Sport (CAS). WADA requested the Panel to set aside the STJD decision of 3 April 2014 and to impose a 2 year period of ineligibility on the Athlete due to the Athlete cannot validly invoke any mitigating factors which would justify a reduction of the sanction.
The Sole arbitrator finds that the Athlete’s samples establish the presence of the substance 19-norandrosterone as anti-doping rule violation which wasn’t challenged by the Athlete before the STJD and before CAS. The Athlete’s fault is clearly significant because she was reckless and did not fulfil with her personal duty to ensure that no Prohibited Substance entered her system.
Therefore the Court of Arbitration for Sport decides on 4 May 2015 that:
1.) The appeal filed by WADA against the Decision rendered by the Superior Tribunal de Justiça Desportiva de Canoagem on 3 April 2014 with regard to the athlete Ms. Denise Consuelo Oliveira is upheld.
2.) The referred Decision of the Superior Tribunal de Justiça Desportiva de Canoagem dated 3 April 2014 is set aside.
3.) Ms. Denise Consuelo Oliveira is sanctioned with a two-year period of ineligibility, starting on the date on which this award is communicated to the athlete. Any period of suspension (whether imposed to or voluntarily accepted by the Athlete) shall be credited against the total period of ineligibility imposed.
4.) Ms. Denise Consuelo Oliveira is disqualified of the results obtained during the Brazilian Championship of Canoe and of all the results obtained from the date on which the positive sample was collected (i.e. 15 December 2013) through the one year period of ineligibility already fulfilled by the Athlete (i.e. from the 15 December 2013 to the 15 December 2014), with all resulting consequences, including forfeiture of any medals, points and prizes. For the sake of clarity, all other competitive results (as well as its resulting consequences such as medals, points and prizes) that the Athlete may have obtained between 16 December 2014 until the date of notification of the present award will be valid and will not be affected in anyway by the present award.
5.) (…).
6.) (…).
7.) Any other prayers for relief are rejected.
