TJD-AD 2019-022 Appeal Decision - Modern Pentathlon

On 16 May 2018 the Brazilian Sports Justice Anti-Doping Tribunal decided by majority to impose a 2 year period of ineligibility on the Pentathlon Athlete after her sample tested positive for the prohibited substances GW501516 and Oxandrolone.

Hereafter the Brazilian Doping Control Authority (ABCD) appealed this Decision with the TJD-AD Appeal Panel and requested for a sanction of 4 years.

The Athlete provided an explanation for the presence of Oxandrolone as a result of the mix up of her father's prescribed Oxandrolone capsules with her supplement capsules. Nevertheless the Athlete could not explain the presence of GW501516 because her supplements were not analysed for contaminations. ABCD deemded that due to inconsistencies in her conduct she failed to establish the violation was not intentional.

The Rapporteur regards that the presence of the prohibited substances has been established in the Athlete's sample and accordingly that she committed an anti-doping rule violation.

Considering the circumstances in this case the Rapporteur deems that she could not demonstrate with corroborating evidence that contamination had cause the positive test result.

Therefore the TJD-AD Appeal Panel decides to impose a 4 year period of ineligibility on the Athlete, starting on the date of the sample collection, i.e. on 15 December 2019.

Original document

Parameters

Legal Source
National Decisions
Date
26 September 2019
Arbitrator
Baptista, Marta Wada
Ferreira, Alexandre
Miranda, Martinho Neves
Moura, Humberto Fernandes
Nunes, Tatiana Mesquita
Souza, Marcel
Original Source
Brazilian Sports Justice Anti-Doping Tribunal (TJD-AD)
Country
Brazil
Language
Portuguese
ADRV
Adverse Analytical Finding / presence
Legal Terms
Burdens and standards of proof
Circumstantial evidence
Sport/IFs
Modern Pentathlon (UIPM) - International Modern Pentathlon Union
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
S4. Hormone And Metabolic Modulators
Substances
GW501516
Oxandrolone
Selective androgen receptor modulators (SARMs)
Various
Supplements
Document type
Pdf file
Date generated
18 July 2022
Date of last modification
11 August 2022
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