Related case:
SAIDS 2023-09 SAIDS vs Tebogo Tsotetsi
August 15, 2023
On 15 August 2023 the Anti-Doping Tribunal Hearing Panel decided to impose a 20 month period of ineligibility on the Athlete Tebogo Tsotetsi after she tested positive for the prohibited substance Salbutamol.
In First Instance the Panel accepted that the Athlete's violation was not intentional and deemed that she had acted negligently with grounds for a reduced sanction.
Hereafter in September 2023 the Athlete appealed the Decision of the Hearing Panel. The Athlete requested the Appeal Board to set aside the Appealed Decision and to impose a further reduced sanction.
The Athlete admitted the violation and explained that she was unaware that the cough syrup she had used for her illness contained Salbutamol. She asserted the she acted not intentional due to ignorance as a recreational athlete who had never received anti-doping education.
Although the violation was not intentional SAIDS contended that the Athlete acted negligently with her self-medication that clearly contained a prohibited substance. Further SAIDS rejected that she is a recreational athlete because of her participation in large marathons finishing in the top percentiles.
Following assessment of the Athlete's conduct with her self-medication the Appeal Board determines that the Athlete had acted with a degree of negligence and that there were no grounds to reduce the imposed sanction.
Therefore the Appeal Board decides on 12 December 2023 to dismiss the Athlete's appeal and to uphold the Appealed Decision and the sanction of 20 months.
