Touch New Zealand (Touch NZ) has reported an anti-doping rule violation against the Respondent after his sample tested positive for the prohibited substance Cannabis.
Touch NZ notified the Respondent and, together with the New Zealand Rugby Union, ordered a provisional suspension. Respondent filed a statement in his defence and was heard for the Tribunal.
Respondent admitted the violation. He stated that the night before the Touch tournament he was celebrating and became so intoxicated that he could not recollect what happened, but accepted that he must have used Cannabis.
He expressed remorse and apologised for his actions.
The Tribunal finds that an aggravating factor in the case is the fact the Respondent had previously signed Player Participation Agreements with Touch NZ. In these agreements the athletes undertook to abide by all drug/doping rules and regulations, including those provided by the International Federation, WADA, the International Olympic Committee and the New Zealand Sports Drug Agency. In addition the Cannabis taking occurred just before the Touch tournament; and that he was an experienced player aware of Touch NZ’s strong drug free stance. The Tribunal notes that Touch NZ has had several cases involving cannabis violations and has been making commendable efforts to combat use of drugs in its sport, of which Respondent would be aware. The fact that the Cannabis use occurred while Respondent was intoxicated during a night of celebration was not a mitigating factor.
The Tribunal considers that Respondent was already provisional suspended for eight weeks and had missed several tournaments. Therefore the Tribunal finds a one week reduction to the otherwise appropriate one month suspension is warranted.
The Sports Disputes Tribunal of New Zealand decides to impose a 3 week period of ineligibility, a warning and a reprimand on the Respondent. Each party will bear their own costs.
