SI 2020 SI Disciplinary Decision 20207131

In January 2020 Sport Ireland (IS) reported an anti-doping rule violation against the swimmer IS-7131 after his sample tested positive for the prohibited substance Clostebol. After notification the Athlete gave a prompt admission, waived his right for a hearing and accepted the sanction proposed by Sport Ireland.

The Athlete denied the intentional use of the substance and asserted that he bears No Significant Fault or Negligence supported by detailed evidence he filed. He explained that he suffered from eczema on his hands since childhood and that he used prescribed cream Denvercort that doesn't contain prohibited substances.

He stated that at the relevant time he was under a great deal of stress and the day before the sample collection he had used the cream to stop the itching on his hands so he could sleep. However he was unaware that he was using an incorrect cream Trofodermin that contains Clostebol while its tube looks very similar to Denvercort.

The Athlete could not explain how the Trofodermin cream came in his possession since he had not purchased the cream and it appeared to be only available in Italy and in Brazil. To explain the cream in his possesion he had contacted athletes he roomed with since 2018 and every friend and family member he hollidayed with since 2018.

SI accepts that the violaton was not intentional and that the Athlete established grounds for No Significant Fault or Negligence. The Athlete demonstrated with evidence how the prohibited substance entered his system and that the positive test was the result of mistaken identity in terms of the two creams.

Further SI considers that the Rome Lab confirmed that the found concentration Clostebol in the Athlete's sample was consistent with his use of the cream the day before the sample collection.

Therefore Sport Ireland decides on 22 May 2020 to impose a reduced 12 month period of ineligibility on the Athlete IS-7131 starting on the date of the sample collection.

Original document

Parameters

Legal Source
National Decisions
Date
22 May 2020
Original Source
Spórt Éireann - Sport Ireland
Country
Ireland
Language
English
ADRV
Adverse Analytical Finding / presence
Legal Terms
Acceptance of sanction
Case law / jurisprudence
Circumstantial evidence
No intention to enhance performance
No Significant Fault or Negligence
Period of ineligibility
Prompt / Timely Admission
Waiver of "right to be heard"
Sport/IFs
Swimming (FINA) - International Swimming Federation
Other organisations
Spórt Éireann - Sport Ireland
Laboratories
Cologne, Germany: Institute of Biochemistry - German Sport University Cologne
Roma, Italia: Laboratorio Antidoping FMSI
Doping classes
S1. Anabolic Agents
Substances
Clostebol
Medical terms
Legitimate Medical Treatment
Document type
Pdf file
Date generated
15 February 2021
Date of last modification
23 February 2021
Category
  • Legal Source
  • Education
  • Science
  • Statistics
  • History
Country & language
  • Country
  • Language
Other filters
  • ADRV
  • Legal Terms
  • Sport/IFs
  • Other organisations
  • Laboratories
  • Analytical aspects
  • Doping classes
  • Substances
  • Medical terms
  • Various
  • Version
  • Document category
  • Document type
Publication period
Origin