Related case:
TJD-AD 2022-021 Disciplinary Decision - Canoe
December 7, 2022
In April 2022 the Brazilian Doping Control Authority reported an anti-doping rule violation against the canoe Parathlete for his Whereabouts Filing Failures within a 12 month period. This resulted in 3 Missed Tests in February, April and December 2021.
Consequently on 7 December 2022 TJD-AD Panel decided to impose a 1 year period of ineligibility on the Parathlete. Hereafter both ABCD and the Parathlete appealed the TJD-AD decision with the TJD-AD Appeal Panel.
ABCD and the Athlete requested the Appeal Panel the set aside the Appealed Decision. ABCD wanted a more severe sanction whereas the Parathlete wanted an acquittal or alternatively a more reduced sanction.
The Rapporteur assessed and addressed the Parathlete's conduct regarding his Whereabouts and the missed tests in February, April and December 2021. He determines that the Parathlete for his Missed Tests failed to provide sufficient explanations to ABCD, nor provided corroborating evidence in this matter.
The Rapporteur concludes that the Parathlete acted with a high degree of fault or negligence, rather acted more evasive with his Whereabouts. Accordingly he deems that there are no grounds for the imposition of a reduced sanction.
Therefore the TJD-AD Appeal Panel decides on 21 June 2023 to set aside the Appealed Panel and to impose a 2 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 19 April 2022.
