ST 2016_18 DFSNZ vs Michael Butson

In December 2016 Drug Free Sport New Zealand (DFSNZ) has reported an anti-doping rule violation against the rugby player after his A and B samples tested positive for the prohibited substance higenamine.

After notification a provisional suspension was ordered. The Athlete filed a statement in his defence and he was heard for the Sports Tribunal of New Zealand.

The Athlete gave a prompt admission about the violation, stated that he had used out-of-competition the supplement ‘The One 2.0.' purchased in Australia and showed that the prohibited substance higenamine wasn’t mentioned on the label of the supplement.

DFSNZ accepted that the Athlete’s violation was non intentional and that the supplement was contaminated as definied under the Rules establishing that his fault was not significant. Considering the circumstances in this case DFSNZ proposed a 9 month period of ineligibility.

After an adjournment requested by the parties in April 2017 a joint memorandum was filed on behalf of DFSNZ and the Athlete.
The Sports Tribunal of New Zealand considers the joint memorandum to be fair and decides on 3 May 2017 to impose a 9 month period of ineligibility on the Athlete starting on the date of the sample collection, i.e. on 22 September 2016.

Original document

Parameters

Legal Source
National Decisions
Settlement
Date
3 May 2017
Arbitrator
Earl, Georgina
Robertson, Bruce
Tesoriero, Paula
Original Source
Sports Tribunal of New Zealand
Country
New Zealand
Language
English
ADRV
Adverse Analytical Finding / presence
Legal Terms
Acceptance of sanction
Case law / jurisprudence
No intention to enhance performance
No Significant Fault or Negligence
Period of ineligibility
Prompt / Timely Admission
Rules & regulations National Sports Organisations & National Anti-Doping Organisations
Settlement
Sport/IFs
Rugby (WR) - World Rugby
Other organisations
Drug Free Sport New Zealand (DFSNZ)
Analytical aspects
B sample analysis
Doping classes
S3. Beta-2 Agonists
Substances
Higenamine
Various
Contamination
Out-of-competition use / Substances of Abuse
Supplements
Document type
Pdf file
Date generated
26 June 2017
Date of last modification
23 April 2018
Category
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  • ADRV
  • Legal Terms
  • Sport/IFs
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  • Analytical aspects
  • Doping classes
  • Substances
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  • Various
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Origin