SI 2016 CI Disciplinary Decision 20164265

In February 2016 Sport Ireland (Spórt Éireann) has reported an anti-doping rule violation against the Athlete IS 4265 for his refusal to provide a sample for drug testing.
After notification the Athlete filed a statement in his defence and the was heard for Sport Ireland.

The Athlete lives in the United Kingdom and is a partially sighted Parathlete who underwent an doping control conducted by a Doping Control Officer of the United Kingdom Anti-Doping (UKAD).
The Athlete gave a prompt admission to Sport Ireland and argued that he alreay had submitted to Cycling Ireland a written notice that he was withdrawing from the National Squad with immediate effect. The reason for this was that Cycling Ireland had been unable to find a suitable tandem pilot for him.
As regards his degree of Fault, he finds that his refusal to provide a Sample was a rash judgment which he regrets.

UKAD procedures require an athlete with an impairment to have a witness. Mr IS-4265 feels he does not need a witness and is perfectly capable of completing the paperwork and undergoing the test himself. On the day the Anti-Doping officers visited he was unable to locate a suitable witness which he is required to have. On that basis the test could not be conducted.
He stated that he grew increasingly frustrated when his partner or son were repeatedly required to interrupt their day and act as a witness. The Doping Control Officer arrived at approximately 8am and if he had provided the blood and urine samples, Mr IS-4265 asserted that his partner would have been late for work and her children late for school. Further, Mr IS-4265 was due to begin a new job on that morning.

Considering the circumstances of the violation and his degree of fault Sport Ireland decides on 20 September 2016 to impose a 2 year and 6 month period of ineligibility on the Athlete IS- 4265.

Original document

Parameters

Legal Source
National Decisions
Date
20 September 2016
Arbitrator
May, Una
Original Source
Sport Ireland
Country
Ireland
Language
English
ADRV
Refusal or failure to submit to sample collection
Legal Terms
Period of ineligibility
Prompt / Timely Admission
Rules & regulations National Sports Organisations & National Anti-Doping Organisations
Sole Arbitrator
Sport/IFs
Cycling (UCI) - International Cycling Union
Other organisations
Cycling Ireland (CI)
Spórt Éireann - Sport Ireland
UK Anti-Doping (UKAD)
Medical terms
Disability
Various
Parathlete / Parasports
Retirement
Document type
Pdf file
Date generated
17 October 2016
Date of last modification
29 August 2019
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  • ADRV
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  • Various
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