TJD-AD 2020-036 Appeal Decision - Athletics

Related case:

TJD-AD 2020-009-2 Disciplinary Decision - Athletics
June 25, 2020

On 25 June 2020 the TJD-AD Panel decided to impose a 46 month period of ineligibility on the Athlete after his sample tested positive for the prohibited substance Erythropoietin (EPO).

Hereafter the Athlete appealed the Decision with the TJD-AD Appeal Tribunal. Again the Athlete asserted that there had been irregularities during the sample collection and within the chain of custody while he had received protein injections from his nutritionist.

The Rapporteur assessed the Athlete's arguments and concludes that there are no grounds to annul the Appealed Decision. The Rapporteur deems that the Athlete had acted with a high degree of negligence and failed to demonstrate that the violation was not intentional. 

The Rapporteur determines that in this case there were no departures of the ISTI or ISL; the Athlete failed to apply for a TUE; nor had mentioned the injections or his supplements on the Doping Control Form.

Therefore the TJD-AD Appeal Panel decides on 12 August 2020 to dismiss the Athlete's appeal and to uphold the imposed sanction of 46 months, starting on the date of the sample collection, i.e. on 10 September 2019.

Original document

Parameters

Legal Source
National Decisions
Date
12 August 2020
Arbitrator
Barbosa, Daniel Chieriguini
De Rose, Eduardo Henrique
Ferreira, Alexandre
Miranda, Martinho Neves
Nunes, Tatiana Mesquita
Original Source
Brazilian Sports Justice Anti-Doping Tribunal (TJD-AD)
Country
Brazil
Language
Portuguese
ADRV
Adverse Analytical Finding / presence
Legal Terms
International Standard for Laboratories (ISL)
International Standard for Testing and Investigations (ISTI)
Negligence
Period of ineligibility
Substantial delay / lapsed time limit
Sport/IFs
Athletics (WA) - World Athletics
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
Reliability of the testing method / testing result
Doping classes
S2. Peptide Hormones, Growth Factors
Substances
Erythropoietin (EPO)
Various
Chain of custody
Sample collection procedure
Document type
Pdf file
Date generated
25 July 2022
Date of last modification
10 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