Related case:
TJD-AD 2023-010 Appeal Decision - Cycling
August 3, 2023
On 23 April 2021 the Brazilian Sports Justice Anti-Doping Tribunal (TJD-AD) decided to impose a 3 year period of ineligibility on the cyclist for the presence of the prohibited substance EPO, starting on 21 August 2019.
Hereafter in April 2022 the Brazilian Doping Control Authority (ABCD) received information from a whistleblower that the Athlete was providing support to other cyclists during her period of ineligibility.
ABCD opened an investigation into the Athlete and the Paraná Cycling Federation confirmed that the Athlete during a competition had assisted other cyclists at the venue. She also had ignored warnings from sports officials to leave the venue during previous cycling competitions.
A public video on internet and the Athlete's postings on social media revealed that the Athlete acted as a coach for the Z6 Cycling Team. The Athlete's mother and husband were coordinators in this Cycling Team which participated into competitions organized by the Paraná Cycling Federation and the Brazilian Cycling Confederation.
Consequently in June 2022 ABCD reported a new anti-doping rule violation against the Athlete for breaching the imposed period of ineligibility. In addition ABCD reported an anti-doping rule violation against the coach of the Z6 Cycling Team for Prohibited Association with the sanctioned Athlete.
Following notification the Athlete denied that she violated ineligibility. By contrast she disputed the validity and credibility of the evidence and claimed the proceedings against her must be annuled.
The Athlete argued that the incriminating information on internet and social media does not suggest at all that she acted as official coach. She alleged that she only attended the competitions as visitor and as fan, while she down played her affiliation with the Z6 Cycling Team.
ABCD deemed that there was sufficient corroborating evidence that the Athlete had acted as coach of the Z6 Cycling Team as Athlete Support Personnel under the Rules.
Preliminary the Rapporteur finds that the incriminating information on the internet was admissible as evidence. There were also no grounds to conclude that there had been no procedural fairness in this case, nor that the case on that basis must be referred to another Chamber.
In view of the evidence the Rapporteur concludes that the Athlete under the Rules clearly had acted as Athlete Support Personnel and accordingly that she had violated the imposed period of ineligibility.
Further the Rapporteur determines that the coach of the Z6 Cycling Team was fully aware that he was acting in prohibited association with the banned Athlete.
Therefore the TJD-AD Panel decides on 25 April 2023:
- to impose an additional 3 year period of ineligibility on the Athlete, starting on the date the current sanction shall end, i.e. on 20 August 2022;
- to impose a 2 year period of ineligibility on the coach of the Z6 Cycling Team.
