ST 2018_04 DFSNZ vs Minor Athlete

In March 2018 Drug Free Sport New Zealand (DFSNZ) has reported an anti-doping rule violation against the minor Athlete (16) after his sample tested positive for the prohibited substance 5-Methylhexan-2-amine (1,4-dimethylpentylamine, 1,4-dimethylamylamine, 1,4-DMAA).

The Athlete filed a statement in his defence, gave a prompt admission, waived his right to be heard, accepted the provisional suspension and the sanction proposed by DFSNZ.
He explained that he had used by mistake a Kick Pre-Work out drink offered by a team member, he thought that the drink was Powerade and he mentioned this drink on the Doping Control Form.

In this case DFSNZ accepted that the violation of the minor Athlete was not intentional, that the drink is the likely source of the prohibited substance and that his degree of fault fell towards the lower end of the range of sanctions available under the defence.

The parties in this case reached an agreement and filed a joint memorandum in relation to the sanction for approval into a decision of the Sports Tribunal of New Zealand.

The Sports Tribunal of New Zealand considers that without a hearing the minor Athlete’s gave a prompt admission, his degree of fault and that the violation was not intentional.
Therefore the Sports Tribunal of New Zealand decides on 21 May 2018 to impose a 4 month period of ineligibility on the Respondent starting backdated on the date of the sample collection, i.e. on 18 February 2018.

Original document

Parameters

Legal Source
National Decisions
Settlement
Date
21 May 2018
Arbitrator
Aitken, Ruth
Hart, Rob
Robertson, Bruce
Original Source
Sports Tribunal of New Zealand
Country
New Zealand
Language
English
ADRV
Adverse Analytical Finding / presence
Legal Terms
Acceptance of sanction
Minor
No intention to enhance performance
No Significant Fault or Negligence
Period of ineligibility
Prompt / Timely Admission
Settlement
Waiver of "right to be heard"
Sport/IFs
Rugby (WR) - World Rugby
Other organisations
Drug Free Sport New Zealand (DFSNZ)
Laboratories
Sydney, Australia: Australian Sports Drug Testing Laboratory (ASDTL) - Sydney (AUS)
Doping classes
S6. Stimulants
Substances
5-Methylhexan-2-amine (1,4-dimethylpentylamine, 1,4-dimethylamylamine, 1,4-DMAA)
Various
Food and/or drinks
Supplements
Document type
Pdf file
Date generated
4 June 2018
Date of last modification
24 January 2023
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