Respondent is a professional basketballer based in the USA. He had not secured a contract for any team in the 2010/2011 season and had not expected he would be able to do so. His agent then secured him a contract with the Nelson Giants in New Zealand which Respondent accepted. Respondent played his first game on April 16 2011 and was drug tested after it.
Drug Free Sport New Zealand (DFSNZ) has reported an anti-doping rule violation against the Respondent after his sample tested positive for the prohibited substance Cannabis. After notification a provisional suspension was ordered and Respondent was heard for the Tribunal.
Respondent admitted the violation. He gave evidence that he used cannabis with friends at the end of March when he thought there was no prospect of him competing. After the test he immediately told his coach there was a possibility he would fail the test because of his prior cannabis use in the USA. As a result of this voluntary statement, the Nelson Giants terminated his contract and he returned to the USA. The Tribunal noted that if he had not have made this voluntary statement it was likely he would have played several more games, and earned income, before the positive test result was known.
The Tribunal considered the aggravating and mitigating factors in this case. An aggravating factor was that he took a risk in playing when he knew there could be problems due to his cannabis use a few weeks earlier. Mitigating factors included:
1.) That his cannabis use in March 2011 was not in breach of the WADA Code or the Sports Anti-Doping Rules as he was not contracted at that time (although he was in breach later when testing positive in competition).
2.) His honesty in voluntarily disclosing to the Nelson Giants’ coach that he might fail the drug test and his explanation of the reason why, and his subsequent openness and co-operation with Drug Free Sport New Zealand.
3.) The significant adverse impact on him of his voluntary disclosure which led to the immediate termination of his contract with the Nelson Giants.
Therefore the Sports Tribunal of New Zealand decides to impose a 12 week period of ineligibility on the Respondent starting on the date of the provisional suspension, i.e. on 16 April 2011 until 11 July 2011.
