TJD-AD 2021-004 Disciplinary Decision - Swimming

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  • TJD-AD 2021-029 Appeal Decision - Swimming
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In August 2020 the Brazilian Doping Control Authority reported an anti-doping rule violation against the parathlete swimmer after his sample tested positive for the prohibited substance Enobosarm (Ostarine) in a low concentration.

After notification a provisional suspension was ordered and the parathlete filed a statement in his defence. He denied the intentional use of the substance and assumed that the prescribed supplements from a compounding pharmacy were contaminated.

ABCD established that in the compounding pharmacy in question prior on the same day Ostarine was compounded for another person and thereupon the supplements were compounded for the Parathlete. As a result ABCD accepted that the violation was not intentional and that the source of the prohibited substance had been determined.

Further ABCD considered that the Parathlete was tested before without issues, that he acted carefully with his medications and that there had been delays in the proceedings not attributed to the Parathlete.

The TJD-AD Panel finds that the violation was not intentional and the result of a contaminated supplement. In view of the circumstances the Panel is divided on whether to impose a reduced sanction or only a warning on the Parathlete.

Finally by majority the TJD-AD decides on 6 May 2021 to impose a warning on the Parathlete.

Original document

Parameters

Legal Source
National Decisions
Date
6 May 2021
Arbitrator
Barbosa, Tiago de Andrade Horta
Mansur, Fernanda Farina
Zveiter, Terence
Original Source
Brazilian Sports Justice Anti-Doping Tribunal (TJD-AD)
Country
Brazil
Language
Portuguese
ADRV
Adverse Analytical Finding / presence
Legal Terms
Case law / jurisprudence
Circumstantial evidence
Majority opinion
No intention to enhance performance
No Significant Fault or Negligence
Reprimand / warning
Substantial delay / lapsed time limit
Sport/IFs
Swimming (FINA) - International Swimming Federation
Other organisations
Autoridade Brasileira de Controle de Dopagem (ABCD) - Brazilian Doping Control Authority
Tribunal de Justiça Desportiva Antidopagem (TJD-AD) - Brazilian Sports Justice Anti-Doping Tribunal
Doping classes
S1. Anabolic Agents
Substances
Enobosarm (ostarine)
Selective androgen receptor modulators (SARMs)
Various
Contamination
Parathlete / Parasports
Supplements
Document type
Pdf file
Date generated
18 January 2022
Date of last modification
1 March 2022
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