UKAD 2020 Adam Carr vs UKAD - Appeal

On 30 July 2020 the National Anti-Doping Panel decided to impose a 4 year period of ineligibility on the rugby player Adam Carr after he tested positive for the prohibited substance Clenbuterol. Here the Panel deemed that the young amateur rugby player was not a cheat but manifestly disregarded the risk of ingesting the product Clenox (Clenbuterol) without conducting any research before using.

Hereafter in July 2020 the Athlete appealed the Decision of 30 July 2020 with the National Anti-Doping Appeal Tribunal.

The Athlete argued that already had been established that he had not used the prohibited substance deliberately, that his anti-doping knowledge as an amateur was almost non-existend while there are no grounds to conclude that he manifestly disregarded a significant risk.

The Appeal Panel did not accept the Athlete's arguments and considers that he failed to mention Clenox on the Doping Control Form and ignored the negative side effect of this product as a result of using 2-3 tablets daily since September 2019.

The Athlete acknowleded that he stopped using this product at the time he had received message about the possibility of him turning professional. Further his personal trainer testified that he only had recommended fat burning supplements, not the product Clenox.

The Appeal Panel agrees with the conclusion of the Tribunal  in First Instance that even if the Athlete did not know for sure whether or not the anti-doping regime applied to amateur players he must have known that there was a signifiant risk that it did.

Therefore the Appeal Tribunal decides on 3 December 2020 to dismiss the Athlete's appeal and to uphold the Decision of 30 July 2020 on the National Anti-Doping Panel.

Original document

Parameters

Legal Source
National Decisions
Date
3 December 2020
Arbitrator
Hollander, Charles
Rogers, Tim
Thompson, Blondel
Original Source
UK Anti-Doping (UKAD)
Country
United Kingdom
Language
English
ADRV
Adverse Analytical Finding / presence
Legal Terms
Negligence
No intention to cheat
Sport/IFs
Rugby (WR) - World Rugby
Other organisations
UK Anti-Doping (UKAD)
Doping classes
S1. Anabolic Agents
Substances
Clenbuterol
Various
Amateur / club / recreational sport
Education
Supplements
Document type
Pdf file
Date generated
30 November 2020
Date of last modification
25 January 2021
Category
  • Legal Source
  • Education
  • Science
  • Statistics
  • History
Country & language
  • Country
  • Language
Other filters
  • ADRV
  • Legal Terms
  • Sport/IFs
  • Other organisations
  • Laboratories
  • Analytical aspects
  • Doping classes
  • Substances
  • Medical terms
  • Various
  • Version
  • Document category
  • Document type
Publication period
Origin