In September 2016 the Athlete Graham Hale failed to provide a sample in spite of numerous genuine attempts. The Athlete was adamant that he could not provide a sample in his decision to leave the doping control station while his was warned about potential consequences.
In October 2016 United Kingdom Anti-Doping (UKAD) reported an anti-doping rule violation against the Athlete for his failure to provide a sample for drug testing. After notification a provisional suspension was ordered. The Athlete admitted the charge, filed a statement in his defence and was heard for the National Anti-Doping Panel.
The Athlete argued that the violation was not intentional and that his failure to provide a sample amounted to compelling justification with truly exceptional circumstances.
UKAD requested the Panel to impose a 4 year period of ineligibility on the Athlete and contended that the Athlete had accepted that he had failed to provide a sample when requested without compelling justification for his failure and without grounds for No Significant Fault or Negligence.
The Panel concludes that the Athlete had not discharged the burden, on the balance of probabilities, of satisfying the Panel that he had compelling justification for failing to submit to Sample collection. In these circumstances the Panel is comfortably satisfied that the charged anti-doping violation was not intentionally committed by the Athlete.
Considering the Athlete’s degree of fault in this case the Panel decides on 17 August 2017 to impose on the Athlete a reduced sanction of a 1 year period of ineligibility starting on the date of the provisional suspension, i.e. on 14 October 2016.
