In March 2023 the United States Anti-Doping Agency (USADA) reported multiple anti-doping rule violations against the Ju-Jitsu Athlete Andre Luiz Novaes Porfirio:
- for the use of the prohibited substance Testosterone and evasion of sample collection on 11 December 2022; and
- for his evasion of sample collection on 20 December 2022 and the presence of Testosterone in his A and B samples.
Following notification a provisional suspension was ordered. The Athlete filed a statement in his defence and he was heard for the AAA Commercial Arbitration Tribunal.
Initially the Athlete admitted the anti-doping rule violations. Yet, at the hearing he retracted his admissions and disputed all the charges reported against him.
Doping Control Officers (DCOs) reported that the Athlete was selected for sample collection on 11 December 2022. However at the event USADA's officials and sports personnel were unable to locate the Athlete.
Thereupon on 20 December 2022 the DCOs were unsuccesful in collecting a sample at 7:00 am. Ultimately the DCOs collected a sample at 2:00 pm after the Athlete was initially unresponsive.
During proceedings the Athlete at first stated that he had left the event early on 11 December because he to catch his flight back home. Later he admitted that he had purchased and used Testosterone.
The Athlete acknowledged that he was warned that he was selected to be tested by USADA at the event. Because he had used Tesosterone he left the event to avoid being tested.
The Sole Arbitrator finds that the presence of a prohibited substance Testosterone had been established in the Athlete's samples and accordingly that he had committed an anti-doping rule violation. He also had admitted the use of Testosterone.
In view of the testimonies of the USADA's officials the Sole Arbitrator determines that the Athlete evaded sample collection on 11 December 2022 and delayed sample collection on 20 December 2022. As a result he committed 2 anti-doping rule violations for evading doping control.
Therefore the AAA Arbitration Tribunal decides on 4 January 2024 to impose a 4 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 21 March 2023.
