TJD-AD 2020-027 Appeal Decision - Sailing

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.

Original document

Parameters

Legal Source
National Decisions
Date
12 May 2020
Arbitrator
Barbosa, Daniel Chieriguini
De Rose, Eduardo Henrique
Ferreira, Alexandre
Miranda, Martinho Neves
Nunes, Tatiana Mesquita
Silva, Guilherme Faria
Zangrando, Danielle
Zveiter, Terence
Original Source
Brazilian Sports Justice Anti-Doping Tribunal (TJD-AD)
Country
Brazil
Language
Portuguese
ADRV
Adverse Analytical Finding / presence
Legal Terms
Circumstantial evidence
No intention to enhance performance
No Significant Fault or Negligence
Substantial delay / lapsed time limit
Sport/IFs
Sailing (WS) - World Sailing
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
Doping classes
S4. Hormone And Metabolic Modulators
Substances
Tamoxifen
Medical terms
Cancer
Legitimate Medical Treatment
Therapeutic Use Exemption (TUE)
Document type
Pdf file
Date generated
25 July 2022
Date of last modification
29 September 2022
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