Related case:
TJD-AD 2021-020 Disciplinary Decision - Cycling
September 30, 2021
On 30 September 2021 the TJD-AD decided to impose a sanction of 3 years on the cyclist after his sample tested positive for the prohibited substances Androsterone, Clomifene, Recombinant Erythropoietin (rhEPO), Exemestane and Etiocholanolon. These substances were prescribed and administered by his doctor.
Also on 30 September 2021 the TJD-AD decided not to sanction the doctor because there was insufficient evidenc that these substances were prescribed in a context related to sports performance. Instead the TJD-AD notified the Conselho Federal de Medicina (CFM) regarding the doctor's wrongful nomenclature of sports doctor.
Hereafter the Brazilian Doping Control Authority (ABCD) appealed this Decision with the TJD-AD Appeal Tribunal regarding the doctor's administration of prohibited substances.
ABCD disputed the doctor's conduct and rejected his arguments. It contended that the doctor, acting as an Athlete Support Personnel, intentionally had administered prohibited substances. Further the doctor had posed himself as a sports doctor whereas there was no medical justification for the prescription of these prohibited substances as treatment for the Athlete's diagnosed conditions.
The Rapporteur of the Appeal Tribunal establishes that under the Rules the doctor had acted as Athlete Support Personnel. Meanwhile he had already had retracted his qualification and title of sports doctor.
The Rapporteur determines that the Athlete had received treatment from the doctor for more then 5 years as patient and concludes that the doctor was aware that the Athlete was subjected to Doping Control. Moreover the doctor, as alleged sports doctor, failed to apply a TUE because of the prescribed prohibited substances that would enhance the Athlete's sports performance.
Therefore the TJD-AD Appeal Tribunal decides on 8 November 2021 the ABCD Appeal is admissible and to impose a 30 year period of ineligibility on the doctor, starting on 1 November 2020.
