UKAD 2023 Rowland Kaye vs UKAD - Appeal

Related case:

UKAD 2022 UKAD vs Rowland Kaye
January 4, 2023

In March 2022 the United Kingdom Anti-Doping (UKAD) reported an anti-doping rule violation against the rugby player Rowland Kaye after his A and B samples tested positive for metabolites of the prohibited substance Methasterone and/or Oxymetholone in a low concentration.

Consequently the National Anti-Doping Panel decided on 4 January 2023 to impose a 4 year period of ineligibility on the Athlete. The Panel ruled that the Athlete is not a cheat, yet he acted negligently with his supplements and he could not identify the source of the metabolites found in his samples.

Hereafter in January 2023 the Athlete appealed this Decision with the National Anti-Doping Appeal Tribunal. He requested the Appeal Panel to set aside the Appealed Decision and to impose a reduced sanction.

The Athlete admitted the violation and denied the intentional use of the substances. He acknowledged that he could not demonstrate how the metabolites came into his system.

The Appeal Panel assessed and addressed the Athlete's assertions and evidence in this case and determines that he failed to discharge the burden of proof that the anti-doping rule violation was not intentional. The Panel agrees that the Athlete is not a cheat, yet he failed to demonstrate with the filed evidence that he did not have the requisite intention.

Therefore the National Anti-Doping Appeal Tribunal decides on 26 April 2023 to dismiss the Athlete's appeal and to uphold the Appealed Decision of 4 January 2023.

Original document

Parameters

Legal Source
National Decisions
Date
26 April 2023
Arbitrator
Casement, David
Crystal, Terry
Lunn, Brian
Original Source
UK Anti-Doping (UKAD)
Country
United Kingdom
Language
English
ADRV
Adverse Analytical Finding / presence
Legal Terms
Admission
Burdens and standards of proof
Case law / jurisprudence
Circumstantial evidence
Negligence
No intention to cheat
Substantial delay / lapsed time limit
Sport/IFs
Rugby (WR) - World Rugby
Other organisations
UK Anti-Doping (UKAD)
Laboratories
London, United Kingdom: Drug Control Centre
Analytical aspects
B sample analysis
Doping classes
S1. Anabolic Agents
Substances
Methasterone (17β-hydroxy-2α,17α-dimethyl-5α-androstan-3-one)
Oxymetholone
Various
Contamination
Supplements
Document type
Pdf file
Date generated
23 May 2023
Date of last modification
1 June 2023
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