TJD-AD 2020-028 Appeal Decision - Cycling

Related case:

TJD-AD 2020-020 Disciplinary Decision - Cycling
February 11, 2020

On 11 February 2020 the TJD-AD Panel decided to impose a 36 month period of ineligibility on the Athlete after she tested positive for the prohibited substance Gestrinone.

In first instance the Panel accepted that the Athlete's prescribed Gestrinone chip was used in a context unrelated to sport performance despite she acted with a high degree of negligence.

Hereafter the Athlete appealed the Decision with the TJD-AD Appeal Tribunal and request for acquittal or for a further reduced sanction.

She argued that she only acted and competed as an amateur cyclist and that the substance was used in the prescribed implanted Gestrinone contraceptive chip in order to control her menstruation.

The Rapporteur dismissed the Athlete's assertion that she is an amateur cyclist because there is sufficient evidence that she participated as an national level Athlete and as a member of a professional cycling team whereas she also had received anti-doping information..

The Rapporteur agrees that the prescribed implanted Gestrinone contraceptive chip was used in a context unrelated to sport performance. Due to the Gestrinone chip also has an anabolic effect to gain muscle mass the Athlete failed to mention the use of the substance on the Doping Control Form, nor made an application for a TUE.

Finally the Rapporteur deems that the Athlete had acted with a high degree of negligence and that there are no grounds for a further reduction of the sanction.

Therefore the TJD-AD Appeal Panel decides on 12 May 2020 to dismiss the Athlete's appeal and to uphold the Appealed Decision for the imposition of a 36 month period of ineligibility.

Original document

Parameters

Legal Source
National Decisions
Date
12 May 2020
Arbitrator
Baptista, Marta Wada
Original Source
Brazilian Sports Justice Anti-Doping Tribunal (TJD-AD)
Country
Brazil
Language
Portuguese
ADRV
Adverse Analytical Finding / presence
Legal Terms
Circumstantial evidence
Negligence
No intention to enhance performance
Period of ineligibility
Sport/IFs
Cycling (UCI) - International Cycling 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
Substances
Gestrinone
Medical terms
Legitimate Medical Treatment
Various
Amateur / club / recreational sport
Document type
Pdf file
Date generated
25 July 2022
Date of last modification
7 November 2022
Category
  • Legal Source
  • Education
  • Science
  • Statistics
  • History
Country & language
  • Country
  • Language
Other filters
  • ADRV
  • Legal Terms
  • Sport/IFs
  • Other organisations
  • Laboratories
  • Analytical aspects
  • Doping classes
  • Substances
  • Medical terms
  • Various
  • Version
  • Document category
  • Document type
Publication period
Origin