facts
Nathan Jones (player) appealed the decision of an Anti-Doping Tribunal of the NADP dated April 9, 2010. The Arbitral Tribunal concluded that the Player had failed without compelling justification to submit to sample collection, after notification of testing and had thereby committed an Anti-Doping Rule Violation contrary to Article 2.3 of the UKADR. A sanction of a period of Ineligibility for two years was imposed.
history
On 26 September 2009 after Welsh Premiership Rugby match for Ebbw Vale against Neath, the player was asked to attend the sample collection. He said he was unable to provide a sample. He explained that he had to travel to Bristol to work. It was therefore alleged that he had failed (the original charge indicated that he had “refused”) to provide a sample. The Player noted on the sample collection form that he was refusing because of “work commitments”.
decision
1. By a majority of 2-1, we find that the Player has committed an Anti-Doping Rule Violation, namely failing without compelling justification to submit to sample collection after notification of testing as authorized in the UKADR.
2. As a result of the Player’s Anti-Doping Rule Violation, the Player will be subject to a period of Ineligibility of two years.
3. In accordance with Article 10.9 of the UKADR, the period of Ineligibility shall run from 3 March 2010 and so shall end at midnight on 2 March 2012. During the period of Ineligibility, in accordance with Article 10.10.1 of the UKADR, the Player shall not be permitted to participate in any capacity in a Competition, Event or other activity (other than authorized anti-doping education or rehabilitation programs).
costs
Each party shall bear its own costs
