TJD-AD 2019-029 Disciplinary Decision - Canoeing

In May 2018 the Brazilian Doping Control Authority (ABCD) has reported an anti-doping rule violation against the canoeist after his sample tested positive for the prohibited substance Oxandrolone. In addition ABCD reported an anti-doping rule violation against the Athlete's sports doctor for the administration of the prohibited substance.

After notification a provisional suspension was ordered. The Athlete filed a statement in his defence and he was heard for the Brazilian Sports Justice Anti-Doping Tribunal (TJD-AD).

The Athlete had used several supplements, purchased abroad and from a compounding pharmacy in Brazil. He claimed that one of these supplements was contaminated.

The Panel deems that there were several inconsistencies in the Athlete's evidence and statements and it had also received information that the Athlete had participated in a competition during the ordered provisional suspension.

The Panel establishes that on behalf of the Athlete the compounding pharmacy had received 7 orders for perscribed Oxandrolone between January and May 2017. The alleged contaminated supplement the Athlete had send for analysis was compounded in May 2017 whereas the Athlete was tested months later in March 2018.

For this supplement in question the Athlete had produced a prescription without a date whereas his doctor refused to cooperate with the investigation. On the other hand for this supplement the compounding pharmacy produced a prescription from the sports doctor for the use of Oxandrolone and Testosterone.

The Panel considers the Athlete's conduct and notes that he  was tested before, had received anti-doping education and was aware that Oxandrolone was prescribed. Yet he claimed to be unaware of the anti-doping rules, had used carelessly several supplements and he failed to mention these on the doping control form.

Therefore the TJD-AD decides on 2 August 2019 to impose a 4 year period of ineligibility on the Athlete and his doctor. The sanction shall start on the date of this decision because of the Athlete's breach of his provisional suspension.

Original document

Parameters

Legal Source
National Decisions
Date
2 August 2019
Arbitrator
Baptista, Marta Wada
Silva, Guilherme Faria
Original Source
Brazilian Sports Justice Anti-Doping Tribunal (TJD-AD)
Country
Brazil
Language
Portuguese
ADRV
Administration / attempted administration
Adverse Analytical Finding / presence
Legal Terms
Circumstantial evidence
Intent
Provisional suspension
Sport/IFs
Canoe (ICF) - International Canoe 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
Oxandrolone
Various
Athlete support personnel
Lack of cooperation / obstruction
Document type
Pdf file
Date generated
18 July 2022
Date of last modification
23 August 2022
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