Related case:
TJD-AD 2021-026 Appeal Decision - Cycling
November 8, 2021
In December 2020 the Brazilian Doping Control Authority (ABCD) reported an anti-doping rule violation against the cyclist after his sample tested positive for the prohibited substances Androsterone, Clomifene, Recombinant Erythropoietin (rhEPO), Exemestane and Etiocholanolon.
Also ABCD reported an anti-doping rule violation against the Athlete's doctor for the administration of prohibited substances.
After notification a provisional suspension was ordered against the Athlete. Ultimately the Athlete accepted ABCD's proposal for a sanction of 3 years. He admitted the use of the substances and claimed that they were prescribed and administered by his doctor in order to recover after he had contracted COVID-19.
The Athlete's doctor - an Endocrinologist with the nomenclature of Sports Doctor - confirmed the administration to the Athlete of EPO in order to recover from COVID-19, and Clomifene as treatment for the Athlete's low Testosterone levels. The doctor claimed that he was unaware that the Athlete was subjected to Doping Control.
ABCD contended that there was no medical justification for prescribing these substances as treatment for the Athlete's conditions, nor was a TUE application filed for the use of these substances.
The Rapporteur regards that the Athlete had admitted the violation and had accepted the sanction proposed by ABCD.
In view of the evidence the Rapporteur finds that the doctor was responsible for prescribing prohibited substances that caused the Athlete's anti-doping rule violation.
Further the Reporteur disputed the doctor's conduct in this case. However he concludes that there was insufficient evidence that these substances were prescribed in a context related to sports performance.
Accordingly the Rapporteur deems that the doctor had not committed an anti-doping rule violation. Nevertheless he Rapporteur is troubled that the doctor applied the nomenclature of sports doctor.
Therefore the TJD-AD decides on 30 September 2021 to ratify the accepted sanction and to impose a 3 year period of inelibility on the Athlete. Further the TJD-AD decided not to sanction the doctor. Yet the TJD-AD notified the Conselho Federal de Medicina (CFM) about the doctor's wrongful nomenclature of sports doctor.
