Facts
The International Rugby Board (IRB) alleges Joji Tu’ipulotu for a violation of the Anti-Doping Rules. Following a match in Fiji between the Tau’uta Reds and the Fijian Barbarians, the Player was selected for doping control. His sample showed the presence of metabolites of cannabis in a concentration of 36 ng/ml.
History
Less than a week before playing in an IRB tournament, the Player went to a party and used cannabis. He knew that the use of cannabis is prohibited in rugby and that he could be tested for cannabis and other substances, but thought that he would not get caught. He did not consider the consequences of his actions until he sobered up. Even then, he elected to play in matches when he knew that the consequences of his cannabis use may not have been eliminated from his system. His use of cannabis was recreational and not intended to enhance sport performance.
Decision
The degree of fault of the Player, and the circumstances, warrant a five month sanction. The Player had sufficient experience and seniority to have known better.
The fact that a five month period of Ineligibility may have financial consequences for the Player is not a valid factor in determining the appropriate period of Ineligibility. Indeed, it is important to emphasise that the sanctioning regime for anti-doping rule violations is a universal one and applies equally to professional and amateur players of the Game.
The period of Ineligibility should be regarded as having commenced on the date of the Player’s provisional suspension, namely 18 June 2010. The period of Ineligibility expired on 18 November 2010.
Costs
Written submissions should be submitted on time.
