In October 2021 United Kingdom Anti-Doping (UKAD) has reported an anti-doping rule violation against the rugby player Marc Shackley after his sample tested positive for the prohibited substance Clenbuterol. 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 admitted the violation, denied the intentional use of the substance and requested for a reduced sanction. He asserted that he genuinely believed that he had retired since Austus 2021 and was no longer subject to the Anti-Doping Rules (ADR). He explained that due to his knee injuries he was scheduled for surgery and had purchased and used a fat metaboliser in September 2021 to assist with weight loss in anticipation of surgery.
UKAD contended that the Athlete was subject to the ADR while at the material time the Athlete nor his club had requested the Rugby Football League (RFL) to remove him from the register of players. His Employment Contract with his Club was not terminated and when the Athlete provided the sample he neither informed the Doping Control Officer (DCO) about his retirement.
The Tribunal finds that the presence of a prohibited substance has been established in the Athlete's sample and accordingly that he committed an anti-doping rule violation.
The Tribunal determines that UKAD has jurisdiction and that at all material times the Athlete was subject to the ADR. Further the Tribunal had serious doubts as to whether the Athlete thought he had retired before the ingestion of the fat burner.
Considering the Athlete's conduct in this case the Tribunal deems that the Athlete manifestly disregarded the risk that taking the fat burner could lead to and anti-doping rule violation, carrying out no checks whatsoever. Finally he provided no evidence to the contrary and is simply relying upon the claim that he mistakenly believed he was not bound by the ADR.
Therefore the Tribunal decides on 10 May 2022 to impose a 4 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 8 October 2022.
