Related case:
TJD-AD 2022-019 Disciplinary Decision - Football
November 7, 2022
On 7 November 2022 the TJD-AD Panel by majority decided to dismiss the charge that the manager of a football club had attempted to tamper with any part of the doping control process in November 2021 during an out-of-competition doping control.
In first instance the Panel established that indeed the doping control in question was not conducted appropriately. However there were no grounds to conclude that the manager intentionally had attempted to obstructed the Doping Control Officers (DCOs). One arbitrator produced a dissenting opinion in this case.
Also a majority of the Panel accepted that the football club had restricted the access to the football players and the locker room because of COVID-19 measures. Only people had access to the football club that had shown proof of vaccination or a recent negative COVID-19 test result.
Hereafter in December 2022 the Brazilian Doping Control Authority (ABCD) appealed the Decision with the TJD-AD Appeal Tribunal. ABCD requested to set aside the Appealed Decision and to sanction the manager for committing anti-doping rule violations for Tampering and Complicity.
ABCD's Appeal is based on the dissenting opinion of one arbitrator in favour for the imposition of a sanction of 2 years. ABCD contended that the manager had intentionally obstructed the doping control and that a sanction must be imposed between 2 and 4 years.
Following assessment of the evidence and the Parties' written submissions the Appeal Panel concludes:
- There was no evidence that the football manager intentionally had attempted to tamper with any part of the doping control process.
- The manager during his career had always complied with the anti-doping rules.
- The doping control at the football club was not conducted appropriately because of the restrictions imposed on the DCOs.
- Ultimately all football players were notified and tested by the DCOs whereas non of the football player tested positive.
- Immediate and full access to the football players and the locker room at the football club was restricted because of the COVID-19 measures.
Therefore the TJD-AD Appeal Panel decides on 13 March 2023 to dismiss ABCD's Appeal and to uphold the Appealed Decision regarding the acquittal of the manager of the football club.
