In July 2019 the Brazilian Doping Control Authority (ABCD) reported an anti-doping rule violation against the blind Parathlete after her sample tested positive for the prohibited substance 5-Methylhexan-2-amine (1,4-dimethylpentylamine).
After notification a provisional suspension was ordered. The Parathlete filed a statement in her defence and she was heard for the Brazilian Sports Justice Anti-Doping Tribunal (TJD-AD).
Following a preliminary investigation ABCD also reported an anti-doping rule violation against the Athlete's Guide for the administration of a prohibited substance to the Parathlete. After notification the Guide failed to cooperate, nor responded to the communications, nor attended the TJD-AD hearing.
The Parathlete accepted the test result and denied the intentional use of the substance. She argued that she was tested before without issues and requested for a reduced sanction.
Because of her blindness the Parathlete needed the assistance of her Guide regarding the supplements she used. She stated that the source of the positive test was a supplement Mr. Veinz provided by her Guide whereas she was unaware that it contained a prohibited substance.
Undisputed is that available on the market there were two versions of the supplement Mr. Veinz . One version containing the prohibited substance was purchased by the Guide and issued to the Parathlete.
The Rapporteur finds that the presence of a prohibited substance has been established in the Athlete's sample and accordingly that she committed an anti-doping rule violation.
Further the Rapporteur finds that there is no evidence that the Athlete acted intentionally. Yet, he deemed that she rather acted negligently in borrowing a supplement belonging to her Guide.
The Rapporteur holds that the Guide failed to respond, nor cooperated in this case and accordingly deemed that he failed to demonstrate that the violation was not intentional.
In a dissenting opinion one Arbitrator in the Panel finds that the Parathlete failed to demonstrate that the violation was not intentional due to the many inconsistencies in her statements.
Therefore the TJD-AD Panel decides on 29 June 2020 by majority to impose a 20 month period of ineligibility on the Parathlete, starting on the date of the provisional suspension, i.e on 7 August 2019.
Furthermore the TJD-AD Panel decides to impose a 4 year period of ineligibility on the Guide for the administration of a prohibited substance, starting on the date of the Decision.
