Related case:
CAS 2019_A_6482 Gabriel da Silva Santos vs FINA
February 14, 2020
In June 2019 the International Swimming Federation (FINA) has reported an anti-doping rule violation against the Brazilian swimmer Gabriel da Silva Santos after his sample tested positive for the prohibited substance Clostebol in a low concentration. After notification the Athlete filed a statement in his defence and he was heard for the FINA Doping Panel.
The Athlete gave a prompt admission, denied the intentional use of the substance and asserted that there were grounds for No Fault or Negligence. He explained that he was contaminated by his brother through his use of the prescription medicine Novaderm, which contained Clostebol.
The Athlete’s brother used this prescribed medication cream as treatment for his skin irritation. In support of his explanation the Athlete produced medical evidence and other relevant evidence.
The Athlete stated that at his parent’s house he shared objects such as soap, clothes, pillows and face towels with his brother, a non-athlete, without knowledge of the use of the cream by him and his skin irritations and wounds.
The Athlete argued that he was tested before without issue; here he was tested out-of-competition; the extreme low concentration of the substance found in his sample was consistent with contamination; and this concentration would have negligible effect on performance.
The Panel accepts on the balance of probabilities the Athlete’s explanation that cross contamination caused the positive test result and that the violation was not intentional. The Panel does not agree that the Athlete bears No Fault or Negligence but concludes that the Athlete has established No Significant Fault or Negligence with a low degree of fault.
Therefore the FINA Doping Panel decides on 7 October 2019 to impose a 12 month period of ineligibility on the Athlete starting on 20 July 2019.
