TJD-AD 2023-010 Appeal Decision - Cycling

Related case:

TJD-AD 2023-002 Disciplinary Decision - Cycling
April 25, 2023

In 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 use of the prohibited substance Erythropoietin (EPO), starting on 21 August 2019.

However in June 2022 the Brazilian Doping Control Authority (ABCD) reported a new anti-doping rule violation against the Athlete.

ABCD's investigation had revealed that the Athlete had acted as a coach of a cycling team during the imposed period of ineligibility. ABCD also reported a violation against the official coach of the cycling team for his prohibited association with the sanctioned Athlete.

Consequently the TJD-AD Panel decided on 25 April 2023 to impose an additional 3 year period of ineligibility on the Athlete. Furthermore a 2 year period of ineligibility was imposed on the coach of the cycling team.

Hereafter the Athlete and the coach filed an apeal with the TJD-AD Appeal Panel. They requested to set aside the Appealed Decision and argued that there were grounds for a reduced sanction.

The Rapporteur of the Appeal Panel assessed and addressed the evidence and the Athlete's conduct in this case. Nevertheless the Rapporteur rejected the preliminary issues raised by the Athlete and deemed that she clearly had breached the imposed period of ineligibility as acting coach of the cycling team.

Accordingly the Rapporteur confirms and specifies the sanctions that had been imposed in first instance:

  • 3 years as additional sanction on the Athlete, starting on 20 August 2022; and
  • 2 years on the coach, starting on 25 April 2023.

Therefore the TJD-AD Appeal Panel decides on 3 August 2023 to dismiss the appeal filed by the Athlete and the coach and to uphold the Appealed Decision.

Original document

Parameters

Legal Source
National Decisions
Date
3 August 2023
Arbitrator
Albuquerque e Souza, João Antonio
Baptista, Marta Wada
Barbosa, Daniel Chieriguini
Barbosa, Tiago de Andrade Horta
Ferreira, Alexandre
Morrone, Vinicius Leonardo Loureiro
Rocha, Selma Fátima Melo
Original Source
Brazilian Sports Justice Anti-Doping Tribunal (TJD-AD)
Country
Brazil
Language
Portuguese
ADRV
Breach of ineligibility
Prohibited Association
Legal Terms
Circumstantial evidence
Digital evidence / information
Period of ineligibility
Sport/IFs
Cycling (UCI) - International Cycling Union
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
Doping classes
S2. Peptide Hormones, Growth Factors
Substances
Erythropoietin (EPO)
Various
Anti-Doping investigation
Athlete support personnel
Internet / Social media
Publicity / public disclosure
Tip-off / whistleblower
Document type
Pdf file
Date generated
27 September 2023
Date of last modification
5 October 2023
Category
  • Legal Source
  • Education
  • Science
  • Statistics
  • History
Country & language
  • Country
  • Language
Other filters
  • ADRV
  • Legal Terms
  • Sport/IFs
  • Other organisations
  • Laboratories
  • Analytical aspects
  • Doping classes
  • Substances
  • Medical terms
  • Various
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  • Document category
  • Document type
Publication period
Origin