Facts
The International Rugby Board (IRB) alleges Roman Kulakivskiy the player for a violation of the Anti-Doping Rules. On 16th November 2012 the Player provided an urine sample during an out-of competition test. His sample tested positive on metenolone and stanozolol, which are prohibited substances on de World Anti-Doping Agency (WADA) prohibited list.
History
At the end of December 2011 Mr Kulakivskiy was operated in Lodz (Poland) on the right knee joint. The doctor suggests that with medications used in operational and post operational period has entered some drugs that are prohibited by WADA. However the Player made a false claim the prohibited substances were ingested as a result of the Lodz Hospital medical treatment for his injured knee. The evidence clearly indicated the steroids must have been taken during the Tournament period between 27th October 2012 and 16th November 2012. Given this was after he had been previously tested there was a strong inference the Player thought he would not be tested again. In relation to the Player’s comment he only took substances provided by the Team Doctor or Coach, none of the remaining 11 Players who were tested returned Adverse Analytical Findings. Thus, it was submitted it could be inferred the two steroids were consumed in addition to the substances supplied to the Team. The Player’s lack of honesty in response to questions during the hearing in failing to disclose the circumstances relating to the taking of the banned substances indicated intentional use, possibly to expedite his recovery from on-going problems (which were still present in November) in relation to his knee following surgery.
Decision
The sanction imposed for this anti-doping rule violation is a period of ineligibility of three years (36 months) commencing from 12th December 2012 (being the date upon which the Player’s provisional suspension commenced) and concluding (but inclusive of) the 12th December 2015.
Costs
Written submission should be provided on time.
