TJD-AD 2019-193 Appeal Decision - Basketball

Related cases:

  • TJD-AD 2018-060 Disciplinary Decision - Basketball
    August 14, 2018
  • TJD-AD 2019-152 Disciplinary Decision - Basketball
    February 21, 2019


In May June 2018 the Brazilian Doping Control Authority (ABCD) reported an anti-doping rule violation against the basketball player after his sample tested positive for the prohibited substance Betamethasone.

Additionally ABCD filed charges against the Athlete's doctor for the administration of Betamethason and charges against the basketball coach and assistant coach for complicity.

Consequently on 21 February 2019 the TJD-AD Panel decided:

  • to impose a 2 month period of ineligibility on the basketball player, starting on the date of the hearing and deducting the time already served;
  • to impose a 6 month period of ineligibility on the basketball coach and assistant coach, starting on the date of the decision; and
  • to acquit the doctor.

Hereafter in February 2019 the Brazilian Doping Control Authority (ABCD) appealed this Decision with the TJD-AD Appeal Tribunal regarding the doctor's acquittal. ABCD contended that the doctor had acted negligently because he made no effort to select an approved medication. Instead he administered Betamethasone as treatment for the Athlete's injury which is prohibited in-competition.

The basketball coach and assistant coach also appealed and requested the Appeal Panel for a further reduced sanction. They denied that they acted intentionally nor in complicity and asserted that they were unaware that the Athlete had used the medication Betamethasone.

The Appeal Panel assessed the conduct of the doctor and the Athlete in this case and concludes that the acquittal of the doctor was justified.

Considering the circumstances the Panel deems that the basketball coach and assistant coach had acted with some degree of negligence and that there are grounds to reduce the imposed sanction.

Therefore the TJD-AD Appeal Panel decides by majority on 21 February 2019 to dismiss ABCD's appeal and to uphold the Appealed Decion regarding the doctor's acquittal.

Furthermore regarding the coach and assistant coach the TJD-AD Appeal Panel decides by majority to impose a reduced 2 month period of ineligibility, deducting the time already served.

Original document

Parameters

Legal Source
National Decisions
Date
26 April 2019
Arbitrator
De Rose, Eduardo Henrique
Moura, Humberto Fernandes
Nunes, Tatiana Mesquita
Original Source
Brazilian Sports Justice Anti-Doping Tribunal (TJD-AD)
Country
Brazil
Language
Portuguese
ADRV
Administration / attempted administration
Adverse Analytical Finding / presence
Complicity
Legal Terms
Acquittal
Circumstantial evidence
Majority opinion
No intention to enhance performance
No Significant Fault or Negligence
Period of ineligibility
Provisional suspension
Sport/IFs
Basketball (FIBA) - International Basketball 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
S9. Glucocorticosteroids
Substances
Betamethasone
Medical terms
Legitimate Medical Treatment
Physical injury
Therapeutic Use Exemption (TUE)
Document type
Pdf file
Date generated
13 October 2022
Date of last modification
10 November 2022
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