TJD-AD 2022-007 Appeal Decision - Cycling

Related cases:

  • TJD-AD 2020-018 Disciplinary Decision - Cycling
    February 11, 2020
  • TJD-AD 2021-019 Disciplinary Decision - Cycling
    December 19, 2021

On 11 February 2020 the TJD-AD Panel decided to impose a 4 year period of ineligibility on the cyclist after she tested positive for prohibited substances Chlorothiazide, Hydrochlorothiazide and Stanozolol.

Thereupon the Brazilian Doping Control Authority (ABCD) established that the Athlete had trained and participated in cycling events organised by GranClub as part of the company Granciclismo.

Consequently the TJD-AD Panel decided on 19 December 2021 to impose an additional 2 year period of ineligibility on the Athlete, starting on the date the current sanction of 4 years shall end.

For their complicity the TJD-AD Panel decided to impose a 2 year period of ineligibility on the GranClub's cycling team, its captain and its coach including registation of this decision with the Cycling Federation of the State of Rio de Janeiro and the Brazilian Cycling Confederation.

Hereafter all Parties appealed this Decision with the TJD-AD Appeal Tribunal. ABCD requested for the imposition of a more severe sanction. The Athlete and the cycling team's captain and coach requested the Appeal Panel to annul the Appealed Decision including their individual registration.

The Rapporteur finds that there was sufficient evidence, such as postings on social media, that the Athlete had participated in trainings with the GranClub's cycling team in preparation of cycling competitions organised by Granciclismo. Nervertheless there is no reason to impose a more severe sanction on the Athlete.

In view of the evidence the Rapporteur upholds the conclusion that the cycling team, its captain and coach were involved in complicity in the Athlete's breach of ineligibility. The Rapporteur agrees that there are no grounds for registration of the individual names of the cycling team's captain and coach.

Therefore the TJD-AD Appeal Panel decides on 11 May 2022 to dismiss the Appeal filed by ABCD and the Athlete and to uphold the Appealed Decision. Regarding the GranClub's cycle team, its captain and its coach the Appeal Panel partially upholds the Appeal Decision.

In this part the Appeal Panel grants the requests to remove the names of the cycling captain and coach from the registration with de Cycling Federation of the State of Rio de Janeiro and the Brazilian Cycling Confederation.

Finally the Appeal Panel recommends an investigation into legislation violations committed by the State Cycling Federation and the Brazilian Cycling Confedration in their alleged affiliation to cycling teams such as GranClub.

Original document

Parameters

Legal Source
National Decisions
Date
11 May 2022
Arbitrator
Albuquerque e Souza, João Antonio
Baptista, Marta Wada
Ferreira, Alexandre
Miranda, Martinho Neves
Nicolau, Jean Eduardo Batista
Nunes, Tatiana Mesquita
Original Source
Brazilian Sports Justice Anti-Doping Tribunal (TJD-AD)
Country
Brazil
Language
Portuguese
ADRV
Breach of ineligibility
Complicity
Legal Terms
Circumstantial evidence
Consequences to athletes / teams
Digital evidence / information
Legislation
Sport/IFs
Cycling (UCI) - International Cycling Union
Other organisations
Autoridade Brasileira de Controle de Dopagem (ABCD) - Brazilian Doping Control Authority
Confederação Brasileira de Ciclismo (CBC) - Brazilian Cycling Confederation
Tribunal de Justiça Desportiva Antidopagem (TJD-AD) - Brazilian Sports Justice Anti-Doping Tribunal
Various
Anti-Doping investigation
Athlete support personnel
Internet / Social media
Document type
Pdf file
Date generated
25 July 2022
Date of last modification
23 January 2023
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