UKAD 2018 RFU vs Daniel Wells

In May 2018 the Rugby Football Union (RFU) has reported an anti-doping rule violation against the rugby player Daniel Well after his sample tested positive for the prohibited substances Ostarine and Methylhexaneamine (dimethylpentylamine). After notification a provisional suspension was ordered. The Athlete filed a statement in his defence and he was heard for the National Anti-Doping Panel.

The Athlete accepted the test results, denied the intentional use and asserted that he researched the ingredients of this supplement before using. He believed that only his use of contaminated supplement must have caused the positive test result. However he could not demonstrate this with evidence due to he could not afford the costs of analysis of this supplement in a WADA Accredited laboratory. Here the Rugby Football Union (RFU) declined to pay for laboratory testing of this supplement.

The RFU contended that the Athlete failed to establish with evidence that the supplement in question was the source of the positive test, nor that the violation was not intentional and neither how the prohibited substance entered his system.

The Panel points to several unsatisfactorily features of the Athlete’s evidence and that only the supplement in question was the source. The Panel finds that the Athlete is not a cheat but concludes that he failed to establish that the violation was not intentional. Nor did he demonstrate with evidence that the source of the prohibited substances was a contaminated supplement. The Panel considers the Athlete’s conduct and his degree of fault in this case and deems that there are no grounds for No Significant Fault or Negligence.

Therefore the National Anti-Doping Panel decides on 28 September 2018 to impose a 4 year period of ineligibility on the Athlete starting on the date of the provisional suspension, i.e. on 18 May 2018.

Original document

Parameters

Legal Source
National Decisions
Date
28 September 2018
Arbitrator
Englehart, Robert
O'Driscoll, Barry
Thompson, Blondel
Original Source
UK Anti-Doping (UKAD)
Country
United Kingdom
Language
English
ADRV
Adverse Analytical Finding / presence
Legal Terms
Burdens and standards of proof
Case law / jurisprudence
Circumstantial evidence
No intention to cheat
Sport/IFs
Rugby (WR) - World Rugby
Other organisations
Rugby Football Union (RFU)
Doping classes
S1. Anabolic Agents
S6. Stimulants
Substances
4-Methylhexan-2-amine (methylhexaneamine, 1,3-dimethylamylamine, 1,3 DMAA)
Enobosarm (ostarine)
Various
Supplements
Document type
Pdf file
Date generated
24 October 2018
Date of last modification
8 January 2020
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