Facts
Patrick Kenny (appellant) appeals against the decision of the Football Association (FA) Regulatory Committee of 7 September 2009. In this decision related to his positive doping test on 11 May 2009 the Appellant should be suspended from all football and football activities for a period of 9 months from 22 July 2009.
Considerations appellant
Appellant appeals against the length of that suspension and not against the finding of a breach of rule E25. The 9 months suspension was excessive and the impact upon the Appellant's personal situation meant that the punishment was disproportionate to the offence admitted.
Considerations panel
The appellant didn't establish that there was no significant fault or negligence. He did establish that there was no intention to enhance sporting performance. Theres is nothing excessive or disproportionate in the 9 months suspension, the action of the appellant fell significant short in what is expected of a professional sportsman in his position. The consequences for his personal life are unavoidable and part of the purpose of suspension of doping offences.
Decision
1. The appeal is dismissed.
2. The sanctions imposed by the Regulatory Commission, including the 9 months suspension are accordingly upheld.
3. The deposit paid by the appellant under 1.2(4) of the Regulations for Football Association Appeals is forfeited.
(4) The appellant is ordered to pay the costs of the Appeal Board.
