Related case:
TJD-AD 2020-027 Appeal Decision - Sailing
May 22, 2020
In September 2019 the sailing Athlete tested positive for the prohibited substance Tamoxifen. Previously World Sailing had granted a retroactive TUE which was revoked in October 2019 and thereupon by WADA in January 2020.
Hereafter World Sailing referred the case to the Brazilian Doping Control Authority (ABCD). The Athlete accepted a provisional suspension in January 2020 and filed a statement in his defence and the case was referred to the Brazilian Sports Justice Anti-Doping Tribunal (TJD-AD)
The Athlete explained with corroborating evidence that he suffered from a bilateral gynecomastia and that he had used prescribed Tamoxifen medication as non-surgical treatment.
He was unaware that in advance he had to apply for a TUE becasue he had used the medication in June 2019, 40 days before the start of the competition, whereas he only had to mention on the Doping Control Form the medication he had used the last 7 days.
The TJD-AD Panel accepts that the violation was not intentional and that the Athlete underwent legitimate medical treatment for his condition with prescribed medication. Further the Panel agrees that he was only required to mention on the Doping Control Form his medication he had used the last 7 days.
In view of the circumstances the Panel considers that the Athlete had acted with a low degree of negligence because he failed to apply in advance for a TUE. Also the Panel considers that there had been substantial delays in the proceedings not attributed to the Athlete due to the revoked TUE applications.
Therefore the TJD-AD Panel decides on 17 March 2020 to impose a 6 month period of ineligibility on the Athlete, starting on the date of the sample collection, i.e. on 15 August 2019, which the Athlete had already served.
