TJD-AD 2022-021 Disciplinary Decision - Canoe

Related case:

TJD-AD 2023-007 Appeal Decision - Canoe
June 21, 2023

In April 2022 the Brazilian Doping Control Authority (ABCD) reported an anti-doping rule violation against the canoe Parathlete for his Whereabouts Filing Failures and 3 Missed Tests within a 12 month period.

Following notification a provisional suspension was ordered and the Parathlete filed a statement in his defence. He did not accept the sanction proposed by ABCD and the case was referred to the Brazilian Sports Justice Anti-Doping Tribunal (TJD-AD).

ABCD contended that the Parathlete is an experienced sportman, had received anti-doping education and had been tested before without issues. ABCD deemed that the Athlete had acted negligently and reviewed the attempts to locate the Parathlete as reported by de Doping Control Officers (DCOs).

With evidence the Athlete provided explanations and justifications for the circumstances that resulted in de missed tests in February, April and December 2021. By contrast he alleged that the DCOs did not do what was reasonable in the circumstances to locate him for testing.

The Panel assessed the Athlete's conduct in this case and finds that he acted negligently, rather acted evasive with his Whereabouts.

Therefore the TJD-AD Panel decides by majority on 7 December 2022 to impose a 1 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 19 April 2022.

Original document

Parameters

Legal Source
National Decisions
Date
7 December 2022
Arbitrator
Morrone, Vinicius Leonardo Loureiro
Passos, Débora
Zveiter, Terence
Original Source
Brazilian Sports Justice Anti-Doping Tribunal (TJD-AD)
Country
Brazil
Language
Portuguese
ADRV
Filing failure
Missed test
Whereabouts
Legal Terms
Circumstantial evidence
Majority opinion
Period of ineligibility
Sport/IFs
Canoe (ICF) - International Canoe 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
Various
ADAMS
Lack of cooperation / obstruction
Parathlete / Parasports
Document type
Pdf file
Date generated
26 September 2023
Date of last modification
1 May 2024
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  • Other organisations
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  • Doping classes
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Origin