CAS 2014/A/3787 World Anti-Doping Agency (WADA) v. Confederação Brasileira de Canoagem (CBC) & Igor Alex Tofalini
Related case:
CAS 2014_A_3786 WADA vs Confederação Brasileria de Canoagem & Denise Consuelo Oliveira
May 4, 2015
Canoe
Doping (stanozolol)
CAS jurisdiction
Athlete’s degree of fault or negligence
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. The simple fact that an athlete has not duly established how the Prohibited Substance entered his/her body is enough to conclude that there are no exceptional circumstances that may lead to the reduction of the sanction. In any event, a late and shallow research conducted by the athlete after the notification of the adverse analytical finding clearly demonstrates that the athlete was at least careless, and does not meet the personal duty of the athlete to ensure that no Prohibited Substance enters his/her body. Moreover, the low-level of the sport (i.e. canoe) and the fact that the athlete is not a professional are of no relevance when determining the athlete’s degree of fault.
In January 2014 the Brazilian Canoe Confederation (CBC) reported an anti-doping rule violation against the Parathlete Igor Alex Tofalini after his sample tested positive for the prohibited substance stanozolol.
The Athlete admitted the violation and stated that he had a food supplement without knowledge that it contained a prohibited substance and that the violation was non intentional. The Athlete argued that he was Paracanoeing only for 7 months and never properly informed about doping by the CBC.
On 3 April 2014 the Superior Tribunal de Justiça Desportiva do Futebol (STJD), the Brazilian High Sports Court, decided to impose a 1 year and 6 month 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 sample establish the presence of the substance stanozolol as anti-doping rule violation which wasn’t challenged by the Athlete before the STJD and before CAS and the Athlete’s fault in this case is clearly significant without grounds for a reduced sanction.
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 Mr. Igor Alex Tofalini is upheld.
2.) The referred Decision of the Superior Tribunal de Justiça Desportiva de Canoagem dated 3 April 2014 is set aside.
3.) Mr. Igor Alex Tofalini 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.) Mr. Igor Alex Tofalini is disqualified of the competitive results obtained during the “Campeonato Brasileiro de Canoagem e Velocidade e Paracanoagem”, and of all the results obtained from 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.
5.) (…).
6.) (…).
7.) Any other prayers for relief are rejected.
