Related case:
TJD-AD 2020-003 Disciplinary Decision - Sailing
March 17, 2020
On 17 March 2020 the Brazilian Sports Justice Anti-Doping Tribunal (TJD-AD) decided to impose a 6 month period of ineligibility on the Athlete after he tested positive for the prohibited substance Tamoxifen.
Here the TJD-AD Panel accepted that the violation was not intentional and that the Athlete underwent legitimate medical treatment for his condition with prescribed medication.
Hereafter the Brazilian Doping Control Authority (ABCD) appealed the Decision with the TJD-AD Appeal Panel and requested for a more severe sanction.
ABCD contended that the Athlete had acted with a higher degree of negligence since he failed to apply in advance for a TUE. As an experienced Athlete, submitted frequently for Doping Control, he had to be aware to apply timely for a TUE.
The TJD-AD Appeal Panel agrees that the Athlete's violation was not intentional and that the Athlete had to use prescribed medication for his condition whereas a valid TUE was required.
In view of the circumstances the Appeal Panel deems that the Athlete had acted with a higher degree of negligence. Furthermore the Panel considers that prior World Sailing had granted a retroactive TUE and that there had been substantial delays in the proceedings not attributed to the Athlete.
Therefore the TJD-AD Appeal Panel decides on 12 May 2020 by majority to impose a 12 month period of ineligibility on the Athlete, starting on the date of the sample collection, i.e. 15 August 2019.