In December 2021 the Pan American Sports Organization (PASO) reported an anti-doping rule violation against the Argentine cyclist Juan Manuel Godoy after he tested positive for the prohibited substance Stanozolol.
Consequently the PASO Disciplinary Commission (PASO DC) decided on 23 February 2022 that the Athlete had committed an anti-doping rule violation and to disqualify his results obtained at the 2021 Junior Pan American Games.
Hereafter the case was referred to the UCI to consider further action on sanction and consequences. Following notification the UCI upheld the Athlete's provisional suspension.
In January 2023 the UCI considered that the Athlete refused the Acceptance of Consequences and the case was referred to the UCI Anti-Doping Tribunal. Without a hearing the Sole Arbitrator rendered a decision based on the written submissions of the Parties.
The Athlete admitted the violation and denied the intentional use of the substance. He requested for a reduced sanction and to lift the provisional suspension.
He argued that his case must be dismissed because there had been irregularities in the proceedings before the PASO DC. Moreover on the basis of ne bis in idem he claimed that the PASO DC had already sanctioned him.
Further the Athlete alleged that the source of the positive test were supplements contaminated by members of the Argentinian Team. Yet, analysis of his supplements revealed no banned substances because the relevant technology was unavailable at the laboratory that conducted the analysis.
Preliminary the Soul Arbitrator determines that there was no violation of the principle of ne bis in idem because under the applicable rules it was valid to refer the case to the UCI for completion of Results Management.
The Sole Arbitrator confirmes the decision of the PASO DC that the Athlete had committed an anti-doping rule violation for the presence of a prohibited substance in his sample.
In view of the evidence the Arbitrator concludes that the Athlete failed to establish that the violation was not intentional. Furthermore there are also no grounds for a reduced sanction.
The Arbitrator deems that without any corroborating evidence the Athlete did not demonstrate that contaminated supplements were the source of the positive test. Neither did he demonstrate how the prohibited substance had entered his system.
Therefore the UCI Anti-Doping Tribunal decides on 20 December 2023 to impose a 4 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e on 17 December 2021.
The UCI costs for the results management shall be borne by the Athlete.
