In April 2022 the United States Anti-Doping Agency (USADA) reported an anti-doping rule violation against the cyclist Noslen Ruiz-Gutierrez (48) after his A and B samples tested positive for the prohibited substances 19-norandrosterone (Nandrolone), Dexamethasone, Phentermine and Testosterone.
Following notification the Athlete filed a statement in his defence and requested for a hearing. Thereupon USADA reported that the Athlete had violated the provisional suspension due to he had participated in a competition in May 2022.
Thereupon the case was referred to the American Arbitration Association (AAA) Tribunal. During the proceedings the Athlete repeatedly failed to respond to USADA's communications within the set deadline or to appear at the scheduled meetings.
The Athlete accepted the test results and acknowledged that he had been notifified by USADA. He also confirmed that a provisional suspension had been imposed when he particpated in a competition in May 2022.
The Athlete denied the intentional use of the substances and asserted that he acted with No Significant Fault or Negligence. He argued that as a 48 year old athlete he only participated as a recreational cyclist.
The Sole Arbitrator finds that the presence of multiple prohibited substances had been established in the Athlete's samples and accordingly that he committed an anti-doping rule violation.
The Sole Arbitrator deems that the Athlete failed to demonstrate that the violation was not intentional, nor that he acted with No Significant Fault or Negligence. Further the Sole Arbitrator considers that the Athlete expressly had disregarded the Rules and had violated the imposed provisional suspension.
Therefore the AAA Tribunal decides on 22 December 2022 to impose a 4 year period of ineligibility on the Athlete, starting on the date of the decision.