CAS 2022/A/8727 United Kingdom Anti-Doping Limited v. Wayne Boardman
On 26 June 2021, UK Anti-Doping (UKAD) collected an In-Competition urine Sample from Mr Boardman following a Mid-Season International match between England and Wales Wheelchair Rugby League teams. Analysis of Boardman’s urine Sample returned an Adverse Analytical Finding (AAF) for metabolites of oxandrolone.
Mr Boardman’s case was first heard by the National Anti-Doping Panel (NADP) and in a decision dated 23 February 2022, the NADP found ADRV charges proved, but ordered that Mr Boardman should not be subject to any period of Ineligibility on the basis he had been able to show he had acted with No Fault or Negligence.
UKAD sought to appeal the NADP’s decision to impose no period of Ineligibility on Mr Boardman. In light of Mr Boardman’s status as an International Level athlete, The appeal proceedings were heard before the CAS and an oral hearing took place before a Sole Arbitrator on 13 July 2022.
The Court of Arbitration for Sport decides on 28 September 2022 that:
1.) The appeal filed on 15 March 2022 by United Kingdom Anti-Doping Limited against Wayne Boardman with respect to the decision taken by the National Anti-Doping Panel on 23 February 2022 is partially upheld.
2.) The decision rendered by the National Anti-Doping Panel on 23 February 2022 is set aside.
3.) Mr Wayne Boardman is found to have committed an anti-doping rule violation under Articles 2.1 and/or 2.2 of the UK Anti-Doping Rules.
4.) Mr Wayne Boardman is sanctioned with a 13-month period of ineligibility starting from 26 June 2021, with credit for any suspension already served by Mr Wayne Boardman.
5.) All competitive results achieved by Mr Wayne Boardman from 26 June 2021 through to and including 28 September 2021 are disqualified with all of the resulting consequences, including the forfeiture of any titles, awards, medals, points and prize and appearance money.
6.) The costs of the arbitration, to be determined and served to the Parties by the CAS Court Office in a separate letter, shall be borne equally by the Parties.
7.) Each Party shall bear their own costs and expenses incurred in connection with the present proceedings.
8.) All other or further prayers for relief are hereby dismissed.