In November 2017 the Union of European Football Associations (UEFA) has reported an anti-doping rule violation against the Malta (U-21) football player Kyrian Nwoko after his sample tested positive for the prohibited substance Methylphenidate. After notification a provisional suspension was ordered. The Athlete filed a statement in his defence and he was heard for the UEFA Control, Ethics and Disciplinary Body (CEDB).
The Athlete admitted the violation and explained that he used prescribed medication as treatment for his Attention Deficit Hyperactivity Disorder (ADHD) while he mentioned his medication on the Doping Control Form. The Athlete wrongly believed he was entitled to take Methyphenidate because his NADO had granted him a TUE a year before which expired and he acknowledged he had not timely applied for a new TUE.
The CEDB accepts that the Athlete committed a mistake with regard to the failure to a have a valid TUE for the use of the medication concerta that contained the prohibited substance methylphenidate at the time he was tested. The CEDB considers that the Athlete was negligent and the fault of the Athlete was not significant. The CEDB finds that the Athlete did not check the UEFA rules and procedures regarding the TUE. The CEDB holds that the Athlete was taking concerta for a treatment but had not obtained the approval of UEFA (i.e.TUE) to take this medical treatment. During the proceedings, the Athlete was granted a TUE by UEFA, which proves that his medical condition was recognised and the treatment appropriate.
The CEDB further regards that Athlete recognised his fault and never tried to hide the fact that he was taking this treatment. Indeed, the Athlete declared taking concerta (containing the prohibited substance) on the doping control form. The CEDB also examined the jurisprudence and the mitigating subjective factors in this case to determine if a lower suspension was justified. The CEDB deems that the Athlete is already suffering physically and mentally from his pathology and due to his young age and little experience in international competitions.
Therefore the CEDB decides on 22 February 2018 that the most appropriate sanction was to give the Athlete a warning.
