TJD-AD 2020-036 Appeal Decision - Athletics
August 12, 2020
The Brazilian Doping Control Authority (ABCD) has reported an anti-doping rule violation against the Athlete after his sample - collected in September 2019 - tested positive for the prohibited substance Erythropoietin (EPO).
After notification a provisional suspension was ordered. The Athlete filed a statement in his defence and he was heard for the Brazilian Sports Justice Anti-Doping Tribunal (TJD-AD).
The Athlete denied the intentional use of the substance and stated that his nutritionist had administered protein injections. Further he asserted that during the sample collection and the chain of custody several irregularities occurred as departures of the ISTI and ISL.
In view of the evidence the Rapporteur finds that the presence of a prohibited substance has been established in the Athlete's sample and accordingly that he committed an anti-doping rule violation.
The Rapporteur holds that the Athlete failed to demonstrate with corroborating evidence that there had been departures of the ISTI or ISL that could invalidate the test result. He failed to apply for a TUE, nor had mentioned the injections on the Doping Control Form, nor his supplements.
Furthermore the B-sample was not analysed because the Athlete repeatedly failed to make payments within the set deadlines. Also there were no grounds to conduct DNA-analysis, neither grounds for ordering ABCD to conduct analysis of the B-sample.
Following assessment of the Athlete's conduct the Rapporteur finds that the Athlete had acted with a high degree of negligence and failed to demonstrate that the violation was not intentional. Finally the Rapporteur considers that there had been delays in the proceedings not attributed to the Athlete.
Therefore the TJD-AD Panel decides on 25 June 2020 by marjority to impose a 46 month period of ineligibility on the Athlete, starting on the date of the sample collection, i.e. on 10 September 2019.