World Athletics 2021 WA vs Brianna McNeal

Related case:

CAS 2021_A_7983 Brianna McNeal vs World Athletics | World Athletics vs Brianna McNeal
July 2, 2021


Brianna McNeal is a track and field athlete from the United States and was previously sanctioned for 1 year in 2017 for 3 missed tests in a 12-month period.

In January 2021 the Athletics Integrity Unit (AIU) for World Athletics reported an anti-doping rule violation against the Athlete for Tampering. After notification a provisional suspension was ordered and the Athlete was heard for the World Athletics Disciplinary Tribunal.

In this matter the AIU had established that the Athlete had provided false statements and in support had produced falisified documents in order to explain her missed test on 12 January 2020. When interviewed in August 2020 the Athlete admitted that she had altered documents.

The AIU contended that the Athlete deliberately provided false information for her missed test as she had altered medical documents for an improper purpose and engaged in conduct deliberately designed to subvert the Doping Control.

The Athlete denied that she intentionally had committed an anti-doping rule violation and requested for a reduced sanction. She argued that this is entirely a case about an abortion she underwent. She argued that the abortion is the reason for the missed test and that her post procedure trauma is the sole reason she mistakenly altered the dates on her medical notes.

Considering the evidence in the case the Panel establishes that the Athlete intentionally had altered evidence on two different occasions during the results management process, thereby subverting Doping Control. Consequently the Athlete committed a Tampering violation under the 2021 ADR.

The Panel finds that the subjective elements of this case are very specific and exceptional. The Panel holds that the personal circumstances and trauma the Athlete was suffering at the time she committed her Tampering violation justify a reduction of her degree of Fault and reduction of the period of ineligibility for her second anti-doping rule violation.

Therefore the Disciplinary Tribunal decides on 21 april 2021 to impose a reduced 5 year period of ineligibility on the Athlete, starting on 15 August 2020.

Original document

Parameters

Legal Source
Decisions International Federations
Date
21 April 2021
Arbitrator
Fida, Pedro
Haug, Tanja
Soublière, Janie
Original Source
World Athletics (WA)
Country
United States of America
Language
English
ADRV
Tampering / attempted tampering
Legal Terms
Admission
Burdens and standards of proof
Case law / jurisprudence
Circumstantial evidence
Exceptional circumstances
Lex mitior
No Significant Fault or Negligence
Period of ineligibility
Second violation
Sport/IFs
Athletics (WA) - World Athletics
Other organisations
Athletics Integrity Unit (AIU)
Medical terms
Legitimate Medical Treatment
Pregnancy
Various
Doping control
Falsification / fraud
Lying / false statement
Document type
Pdf file
Date generated
30 August 2021
Date of last modification
15 July 2024
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  • Legal Terms
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  • Doping classes
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  • Various
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