Related case:
TJD-AD 2023-001 Disciplinary Decision – Athletics
March 5, 2023
On 3 May 2023 the Brazilian Sports Justice Anti-Doping Tribunal (TJD-AD Panel) decides on 3 May 2023 to impose a 16 month period of ineligibility on the Athlete for 3 Whereabouts Failures within a 12 month period:
- a Filing Failure on 31 March 2021;
- a Missed Test on 8 November 2021;
- a Missed Test on 5 March 2022
In first instance the Rapporteur concluded that the Athlete acted negligently regarding his Whereabouts Failures. Nevertheless he accepted that the violation was not intentional and that there are grounds for a reduced sanction.
Hereafter in May 2023 the Athlete appealed the Decision with the TJD-AD Appeal Panel.
Following assessment of the evidence regarding the Athlete's first Whereabouts Failure the Rapporteur determines that several failures had occurred:
- In the Notification to the Athlete the deadline to update Whereabouts in ADAMS was incorrect set on 20 March 2021 instead of 31 March 2021;
- An e-mail addressed to ABCD was found confirming that the Athlete indeed had updated his Whereabouts information.
- As a result the 1st Whereabouts Failure should not have been recorded.
- Accordingly the Athlete had not committed an anti-doping rule violation for 3 Whereabouts Failures within a 12 month period.
Therefore the TJD-AD Appeal Panel decides on 18 October 2023 by majority to set aside the Appealed Decision of 3 May 2023 and to acquit the Athlete.
