TJD-AD 2019-232 Disciplinary Decision - Rowing

In July 2018 the Brazilian Doping Control Authority (ABCD) has reported an anti-doping rule violation against the rower after his sample tested positive for the prohibited substances Prednisolone and Prednisone.

After notification a provisional suspension was ordered. The Athlete filed a statement in his defence and the case was transferred to the Brazilian Sports Justice Anti-Doping Tribunal.

The Athlete denied the intentional use and requested for a reduced sanction. He explained with evidence that he had used medication as self-treatment for his condition in the week before the competition. The product he used is an over-the-counter medication and he acknowledged that he failed to mention this on the Doping Control Form. Further he asserted that he was retired from rowing since 2012 and only participated in low level recreational competitions. 

ABCD established that the Athlete was still listed as a registered Athlete and had particpated in competitions although other information about the Athlete in the database of the Brazilian Rowing Confederation was corrupted.

ABCD accepts that the Athlete's violation was not intentional,  besides his request for a retroactive TUE was dismissed due to other permitted medications are available.

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

In view of the evidence the Rapporeur deems that the violation was not intentional because due to an over-the-counter medication and in a context unrelated to sport performance. With grounds for a reduced sanction the Rapporteur considers that there were delays in the proceedings not attributed to the Athlete.

Therefore the TJD-AD decides on 12 July 2019 to impose a 6 month period of ineligibility on the Athlete, starting on the date of the sample collection, i.e. on 17 June 2018.

Original document

Parameters

Legal Source
National Decisions
Date
12 July 2019
Arbitrator
Baptista, Marta Wada
Moura, Humberto Fernandes
Silva, Guilherme Faria
Original Source
Brazilian Sports Justice Anti-Doping Tribunal (TJD-AD)
Country
Brazil
Language
Portuguese
ADRV
Adverse Analytical Finding / presence
Breach of ineligibility
Legal Terms
Case law / jurisprudence
Circumstantial evidence
Commencement of ineligibility period
No intention to enhance performance
No Significant Fault or Negligence
Period of ineligibility
Substantial delay / lapsed time limit
Sport/IFs
Rowing (WR) - World Rowing
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
Laboratories
Rio de Janeiro, Brazil: Laboratório Brasileiro de Controle de Dopagem – LBCD – LADETEC / IQ - UFRJ
Doping classes
S9. Glucocorticosteroids
Substances
Prednisolone
Prednisone
Medical terms
Therapeutic Use Exemption (TUE)
Treatment / self-medication
Various
Retirement
Document type
Pdf file
Date generated
19 July 2022
Date of last modification
10 November 2022
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