Related cases:
- TJD-AD 2021-004 Disciplinary Decision - Swimming
May 6, 2021 - TJD-AD 2021-016 Appeal Decision - Swimming
July 5, 2021 - TJD-AD 2021-021 Disciplinary Decision - Swimming
October 1, 2021
Previously on 6 May 2021 in First Instance the TJD-AD had decided by majority for the imposition of a warning on the Parathlete after he tested positive for the prohibited substance Ostarine related to a contaminated supplement.
However the Brazilian Doping Control Authority (ABCD) appealed this decison. Thereupon the TJD-AD Appeal Tribunal established that the Appealed Decision of 6 May 2021 was accomplished erroneously and decided by majority on 5 July 2021 to refer the case back to the TJD-AD Disciplinary Tribunal.
When referred back in First Instance and by majority the TJD-AD decided on 1 October 2021 to impose a warning on the Parathlete. Here the Disciplinary Panel accepted that the source of the prohibited substance was a prescribed supplement that became contaminated in a compounding pharmacy.
Again the ABCD appealed the Parathlete's case and the TJD-AD Decision of 1 October 2021 with the TJD-AD Appeal Tribunal.
ABCD contended that in the matter of the contaminated supplements the Athlete had acted with a higher level of negligence and thus requested the Appeal Panel for the imposition of a sanction of 12 months instead of a warning.
The Rapporteur finds that the presence of a prohibited substance has been established in the Parathlete's sample and accordingly that he committed an anti-doping rule violation.
The Rapporteur agrees that the Parathlete had not demonstrated that he had acted with a low degree of Negligence with his supplements as an experienced Athlete that allows the imposition of only warning.
Therefore the TJD-AD Appeal Tribunal decides by majority on 16 December 2021 to impose a reduced 4 month period of ineligibility on the Parathlete, starting on the date of the sample collection, i.e. on 21 February 2020.
