TJD-AD 2020-001 Appeal Decision - Rowing

On 26 August 2019 the TJD-AD Panel decided to impose an 8 month period of ineligibility on the rower after she tested positive for the prohibited substance Furosemide in a low concentration due to the unintentional ingestion of a contaminated supplement.

Hereafter in August 2019 the Brazilian Doping Control Authority (ABCD) appealed the Decision with the TJD-AD Appeal Panel. ABCD contended that the Athlete had acted with significant negligence and that a 2 year period of ineligibility must be imposed on the Athlete.

The Rapporteur finds that it is undisputed that the Athlete unintentionally had committed an anti-doping rule violation. Further the Rapporteur agrees that a sanction of 2 years must be imposed due to the Athlete's significant negligence.

Nevertheless the other Panel members considers that the analysis in a laboratory confirmed that the supplement in question was contaminated. Also the low concentration of Furosemide found in the supplement was consistent with the low concentration established in the Athlete's samples.

Therefore the TJD-AD Panel Appeal Panel decides by majority on 15 January 2020 to dismiss ABCD's appeal and to uphold the Disciplinary Decison of 26 August 2019 for the imposition of a sanction of 8 months.

Original document

Parameters

Legal Source
National Decisions
Date
15 January 2020
Arbitrator
Baptista, Marta Wada
De Rose, Eduardo Henrique
Ferreira, Alexandre
Moura, Humberto Fernandes
Nunes, Tatiana Mesquita
Souza, Marcel
Zangrando, Danielle
Original Source
Brazilian Sports Justice Anti-Doping Tribunal (TJD-AD)
Country
Brazil
Language
Portuguese
ADRV
Adverse Analytical Finding / presence
Legal Terms
Majority opinion
No intention to cheat
No intention to enhance performance
No Significant Fault or Negligence
Period of ineligibility
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
Analytical aspects
B sample analysis
Doping classes
S5. Diuretics and Other Masking Agents
Substances
Furosemide
Various
Contamination
Supplements
Document type
Pdf file
Date generated
20 July 2022
Date of last modification
14 September 2022
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