FIM 2018 FIM vs Broc Tickle

In April 2018 the International Motorcycling Federation (FIM) has reported an anti-doping rule violation against the American rider Broc Tickle after his A and B samples tested positive for the prohibited substance 5-Methylhexan-2-amine (1,4-dimethylpentylamine, 1,4-dimethylamylamine, 1,4-DMAA)(dimethylpentylamine).

After notification a provisional suspension was ordered. The Athlete filed a statement in his defence and he was heard for the FIM International Disciplinary Court (CDI).

The Athlete denied the intentional use of the substance, asserted that he was tested before without issues and requested to lift the provisional suspension. The Athlete argued that FIM only had insufficient evidence of his anti-doping rule violation and that the found substance 5-methylhexan-2-amine was not listed in the WADA 2018 Prohibited List.

FIM contended that the Athlete failed to provide any evidence that shows that he acted with a low level of Fault or Negligence and that his supplements he used were pre-apporoved by a medical specialist. On the contrary FIM finds that the evidence shows that the Athlete acted with gross negligence because he had used supplements without taking any precautionary measures.

Considering the reports of WADA and the Cologne Lab the CDI concludes that 5-methylhexan-2-amine is a prohibited substance, that the presence of this substance had been established in the Athlete’s samples and accordingly that he committed an anti-doping rule violation.

The CDI holds that the FIM not even tried to demonstrate that the Athlete’s violation was not intentional and that the Athlete was warned by his doctor to use caution in taking over-the-counter medications. The CDI deems that the Athlete failed to provide a witness statement from his doctor, failed to establish how the prohibited substance entered his system and that he acted with significant fault or negligence. Finally the CDI considers that there were substantial delays in this case not attributed to the Athlete.

Therefore the CDI decides on 7 May 2019 to impose a 2 year period of ineligibility on the Athlete starting on the date of the sample collection, i.e. on 10 February 2018.

Original document

Parameters

Legal Source
Decisions International Federations
Date
7 May 2019
People
Hofstetter, Robert
Marinheiro, Manuel
Vuorensola, Sakari
Original Source
International Motorcycling Federation (FIM)
Country
United States of America
Language
English
ADRV
Adverse Analytical Finding / presence
Legal Terms
Burdens and standards of proof
Circumstantial evidence
Commencement of ineligibility period
Negligence
No intention to enhance performance
Period of ineligibility
Provisional suspension
Substantial delay / lapsed time limit
WADA Prohibited List International Standard
Sport/IFs
Motorcycling (FIM) - International Motorcycling Federation
Laboratories
Cologne, Germany: Institute of Biochemistry - German Sport University Cologne
Analytical aspects
B sample analysis
Doping classes
S6. Stimulants
Substances
5-Methylhexan-2-amine (1,4-dimethylpentylamine, 1,4-dimethylamylamine, 1,4-DMAA)
Various
Supplements
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Pdf file
Date generated
15 June 2020
Date of last modification
22 January 2024
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