Mr. Claudemar Santin is a Brazilian athlete in the sport op IPC Powerlifting. He competed at the 2011 Parapan American Games in Guadalajara, Mexico.
The International Paralympic Committee (IPC) has reported an anti doping rule violation against Mr. Claudemar Santin (Respondent) after his sample tested positive for the prohibited substance Tamoxifen and his metabolites 4-hydroxytamoxifen and N-desmethyltamoxifen.
When providing a sample Respondent mentioned the use of Retenic as a medication and/or supplement used in the last seven days preceding the doping control test.
The IPC notified Respondent of the doping violation and ordered a provisional suspension.
The notification letter enclosed a letter “Letter of Decision” for the Respondent to complete and return to IPC no later than 13 December 2011.
The Respondent returned the Letter of Decision to the IPC. In the letter, The Respondent stated that he:
- had no valid Therapeutic Use Exemption (TUE) justifying the presence of the Prohibited Substances found in his sample
- challenged the consequences set out in the ‘ Notification of an Adverse Analytical Finding’ and wished to be invited to a Hearing
- accepted the provisional suspension; and
- waived his right to request the B sample analysis.
Respondent filed a statement in his defence and was heard for the Committee.
Respondent explained his need for the use of Tamoxifen. He also submitted medical reports signed by two doctors for the use of Tamoxifeno for the treatment of mastalgia.
The Hearing Panel finds that Respondent was negligent in his general anti-doping duties when different anti-doping education and awareness initiatives were provided over time, and ample opportunities existed to disclose the use of a Prohibited Substance for health reasons. For that reason, The Hearing Panel is in a view that there is no evidence to consider elimination or reduction op period of ineligibility for specified substances under specific circumstances.
The IPC Anti-Doping Committee recommends the following to the IPC Governing Board:
(a) Respondent’s individual results obtained at the 2011 Parapan American Games and at any other event from the date of 18 November 2011 onwards should be automatically disqualified, including forfeiture of any medals, points and prizes won;
(b) a two-year period of ineligibility should be imposed on the Respondent.
(c) Respondent shall receive credit for the period of provisional suspension and should therefore be declared ineligible from 8 December 2011 (date of the notification) until 7 December 2013; and
(d) a financial sanction of € 1.500,- should be imposed on the Respondent.
On 13 February 2012 the IPC Governing Board accepted the recommendation of the IPC Anti-Doping Committee.
