Facts
The UK Anti-Doping limited (UKAD) charged Terry Newton (Player) with an anti-doping rule violation. On 24 November 2009, a blood sample was collected from the player. The laboratory detected the presence in the sample of human Growth Hormone (‘hGH’) and determined (by applying the positivity criteria established by WADA) that the hGH was of exogenous origin. By letter dated 18 February 2010 from his lawyers, the player admitted the presence of exogenous human Growth Hormone in the blood sample. No B-sample analysis or hearing is requested.
Decision
1. The player has committed an anti-doping rule violation under Article 2.1 of the RFL’s 2009 Anti-Doping Rules, in that a Prohibited Substance – exogenous human Growth Hormone – has been found to be present in a blood sample collected from him on 24 November 2009.
2. Consequences: Disqualification of Individual Results
2.1 ADR Article 10.8 provides that all individual results obtained since the date of commission of an anti-doping rule violation should be disqualified unless fairness requires otherwise.
2.2 The player has not argued that fairness requires otherwise in this case. Therefore, all of the individual results that he has obtained since 24 November 2009 are hereby disqualified.
3. Consequences: Imposition of a Period of Ineligibility
3.1 This is the first anti-doping rule violation that the player has been found to have committed.
3.2 ADR Article 10.2 provides that the sanction for an ADR Article 2.1 anti-doping rule violation that is a first offence is a period of Ineligibility of two years. The Anti-Doping Rules include various provisions that might be relied upon to mitigate that sanction if certain specified conditions are satisfied (see ADR Article 10.5), but the player has confirmed through his lawyers that he does not seek to rely on any of those provisions in mitigation of his sanction but rather accepts the ADR Article 2.1 period of Ineligibility. Accordingly, a period of Ineligibility of two years is imposed on the player.
3.3 In accordance with ADR Article 10.9, that period of Ineligibility would usually run from today’s date. However, the player prompt admission of his offence upon receipt of the notice of charge triggers a discretion under ADR Article 10.9.2 to backdate the commencement of his period of Ineligibility to the date of sample collection, i.e., to 24 November 2009. That discretion is hereby exercised, so that his period of Ineligibility is deemed to have commenced on 24 November 2009, and therefore will end at midnight on 23 November 2011.
3.4 During this period of Ineligibility, the player’s status shall be as set out at Article 10.10 of the RFL’s 2009 Anti-Doping Rules, i.e., he remains subject to testing, but he is not entitled to play, coach or otherwise participate in any capacity in any event or competition or other activity (other than authorised anti-doping education or rehabilitation programmes) organised, convened, authorised or recognised by the RFL or by any body that is a member of, or affiliated to, or licensed by the RFL (including Wakefield RLFC). Furthermore, the RFL shall take all steps within its power to have such period of Ineligibility recognised and enforced by other relevant authorities.
4. Appeal and Publication
4.1 In accordance with ADR Article 7.5.4, a copy of this decision is being sent to the player, the RFL, the Rugby League International Federation, and WADA, each of whom has a right of appeal against this decision under ADR Article 13.
4.2 Also in accordance with ADR Article 7.5.4, this decision shall be published on UK Anti-Doping’s website.
