In March 2022 the Athlete and the Brazilian Doping Control Authority (ABCD) reached a settlement and the Athlete accepted a 3 year period of ineligibility because of her use of the prohibited substance Erythropoietin (EPO).
Stipulated in the settlement is that the period of ineligibility shall be partially suspended because of the substantial assistance provided by the Athlete.
In August 2022 ABCD determined that the Athlete's sanction can be suspended by 18 months pending approval by WADA and World Athletics. Yet, in September 2022 WADA and World Athletics did not approve such suspension on the basis of substantial assistance.
Hereafter in October 2022 the Athlete appealed the first instance settlement with the TJD-AD Appeal Panel. The Athlete requested the Appeal Panel to uphold the settlement and to grant the suspension of the imposed sanction.
The Athlete asserted that she had cooperated and had provided sustantial assistance. Accordingly she claimed a partially suspension of her sanction by 18 months.
Meanwhile in January 2023 ABCD had officially decided not to grant a partially suspension of the Athlete's sanction. ABCD had concluded that the Athlete had failed to provide sufficient substantial assistance.
Following assessment of the settlement between the parties the Appeal Panel determines that clearly was stipulated that partially suspension based on substantial assistance was only possible with approval of WADA and World Athletics.
Because WADA already had denied approval in September 2022 the Appeal Panel deems that it is further without merits to hear the Athletes arguments.
Therefore the Panel decides on 21 June 2023 to dismiss the Athlete's appeal and to uphold ABCD's Decision no to allow partially suspension of the imposed 3 year period of ineligibility.
