Related case:
TJD-AD 2022-004 Disciplinary Decision - Rowing
September 23, 2022
On 23 September 2022 the Panel of the Brazilian Sports Justice Anti-Doping Tribunal (TJD-AD) decided to impose a 1 year period of ineligibility on the Athlete for his 3 whereabouts filing failures and missed tests within a 12 month period. Hereafter both the Athlete and ABCD appealed this decision with the TJD-AD Appeal Tribunal.
ABCD requested the Appeal Panel to impose a more severe sanction following reassessment of the Athlete's degree of fault and to start the sanction on the date of the provisional suspension. The Athlete requested the Panel to annul the Appealed Decision or alternatively to start the sanction on the date of his third whereabouts failure, i.e. 22 December 2022.
The Athlete denied the 3 whereabouts failures and he disputed the evidence in this matter. He asserted that he acted not intentionally and prior he was tested several times without issues.
The Rapporteur reassessed the Athlete's conduct in this case and concludes that he committed an anti-doping rule violation. The Rapporteur confirms that the violation was not intentional and that the Athlete had acted with a light degree of fault.
Further the Rapporteur deems that there were insufficent grounds for the imposition of a more severe sanction on the Athlete because of an alleged higher degree of fault.
Therefore the TJD-AD Appeal Panel decides on 13 March 2023 to dismiss both appeals and to uphold the Appealed Decision. Accordingly a sanction of 1 year is imposed on the Athlete, starting on the date of the provisional suspension, i.e. on 6 April 2022.
