TJD-AD 2020-032 Appeal Decision - Football

Related case:

TJD-AD 2020-007 Disciplinary Decision - Football
May 7, 2020

On 7 May 2020 the TJD-AD Panel decided to impose only a warning on the football player after he tested positive for the prohibited substance Enobosarm (Ostarine) due to a prescribed contamined supplement he had used.

Hereafter het Prosecution appealed the Decision with the TJD-AD Appeal Tribunal and requested for a more severe sanction.

The Prosecutor contended that the Athlete had acted with a higher degree of Negligence because he didn't mention his supplements on the Doping Control Form. Further he disputed the doping incidents that occurred within the Athlete's football club where prescriptions were issued for supplements as for prohibited substances.

In view of the evidence the Rapporteur confirmes the conclusion of the TJD-AD Panel in first instance that the Athlete's violation was not intentional and that he acted with No Significant Fault or Negligence. The source of the prohibited substance was a contaminated supplement compounded in a pharmacy.

The Rapporteur agrees that an investigation is needed into the football club's Athlete Support Team where besides prescriptions for supplements also prohibited substances were prescriped.

Therefore the TJD-AD Appeal Panel decides on 24 June 2020 to dismiss the Appeal and to uphold the Appealed Decision of 7 may 2020 for the imposition of a warning on the Athlete without a period of ineligibility. Further the Appeal Panel ordered an investigation into the conduct of the Athlete Support Personnel of the football club in question.

Original document

Parameters

Legal Source
National Decisions
Date
24 June 2020
Arbitrator
Baptista, Marta Wada
Barbosa, Daniel Chieriguini
Ferreira, Alexandre
Miranda, Martinho Neves
Moura, Humberto Fernandes
Nunes, Tatiana Mesquita
Silva, Guilherme Faria
Zangrando, Danielle
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
Sport/IFs
Football (FIFA) - International Football Federation
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
S6. Stimulants
Substances
Enobosarm (ostarine)
Selective androgen receptor modulators (SARMs)
Various
Athlete support personnel
Contamination
Supplements
Document type
Pdf file
Date generated
25 July 2022
Date of last modification
10 November 2022
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