AAA 2022 no. 01 22 0002 8912 USADA vs Noslen Ruiz-Gutierrez

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.

Original document

Parameters

Legal Source
National Decisions
Date
22 December 2022
Original Source
United States Anti-Doping Agency (USADA)
Country
United States of America
Language
English
ADRV
Adverse Analytical Finding / presence
Legal Terms
Admission
Provisional suspension
Sole Arbitrator
Sport/IFs
Cycling (UCI) - International Cycling Union
Other organisations
United States Anti-Doping Agency (USADA)
Laboratories
Los Angeles, USA: UCLA Olympic Analytical Laboratory
Analytical aspects
B sample analysis
Mass spectrometry analysis
Doping classes
S1. Anabolic Agents
S6. Stimulants
S9. Glucocorticosteroids
Substances
19-norandrosterone
Dexamethasone
Nandrolone (19-nortestosterone)
Phentermine
Testosterone
Various
Amateur / club / recreational sport
Lack of cooperation / obstruction
Date generated
12 January 2023
Date of last modification
10 March 2023
Category
  • Legal Source
  • Education
  • Science
  • Statistics
  • History
Country & language
  • Country
  • Language
Other filters
  • ADRV
  • Legal Terms
  • Sport/IFs
  • Other organisations
  • Laboratories
  • Analytical aspects
  • Doping classes
  • Substances
  • Medical terms
  • Various
  • Version
  • Document category
  • Document type
Publication period
Origin