In March 2020 the Brazilian Doping Control Authority (ABCD) reported an anti-doping rule violation against the Parathlete after he tested positive for the prohibited substance LGD-4033 (ligandrol). Additionally the ABCD reported an anti-doping rule violation against the Athlete’s Sports Doctor for the administration of the prohibited substance.
After notification a provisional suspension was ordered. The Athlete and the Doctor filed their statements in theire defence and case was referred to the Brazilian Sports Justice Anti-Doping Tribunal (TJD-AD).
The Athlete gave a prompt admission, accepted a provisional suspension and denied the intentional use of the substance. He stated that he suffered from anemia and that he only had used prescribed medication - such as Ostarine - and supplements as treatment.
During the Results Management the ABCD considered the statements provided by the Athlete and the Doctor and established that there were several inconsistencies and contradictions in their statements regarding these issues:
- That the Sports Doctor was aware that the Athlete was participating in competitions;
- That the Athlete requested his Doctor for treatment for improving his sports performance;
- That Ostarine was prescribed to improve the Athlete’s sports performance;
- That Ostarine was prescribed, wheras the Athlete tested positive for Ligandrol.
The TJD-AD Rapporteur finds that the presence of the prohibited substance has been established in the Athlete’s sample and accordingly that he committed an anti-doping rule violation. The Rapporteurs accepts that is customary for compounding pharmacies to label SARM class substances as Ostarine, for other substances such as Ligandrol and Andarine.
Based on the evidence, and in view of the controversial statements produced by the Athlete and the Doctor, the Rapporteur concludes that the Athlete used the substance intentionally and that he had requested his Doctor treatment for this purpose. Further the Athlete mentioned his supplements on the Doping Control Form, yet failed to mention the prescribed prohibited substance. Although the Athlete gave a prompt admission there are no grounds for a reduced sanction.
The Rapporteur deems that the Sports Doctor was aware that the Athlete was participating in national and international competitions and that he was willing to prescribe and administer Ostarine / Ligandrol to improve the Athlete’s sport performance. The Rapporteur holds that the Doctor’s administration of doping and attempt for covering up doping justifies the imposition of a more severe sanction.
Therefore the TJD-AD Panel decides on 21 October 2020 to impose a 4 year period of ineligibility on the Parathlete, starting on the date of the sample collection, i.e. on 31 January 2020.
The TJD-AD Panel decides by majority to impose a 6 year period of ineligibility on the Sports Doctor starting on 16 October 2020. One of the TJD-AD Arbitrators wanted to impose a 30 year period of ineligibility.
