NRB 2006 NRB Decision Disciplinary Committee 2006074 T

Claimant of the Dutch Rugby Union (Nederlandse Rugby Bond, NRB) reports an Anti-Doping Rule violation (ADRV); defendant was tested positive for the prohibited substance Methylenedioxyamphetamine during a doping test. This finding is a violation of section 3 of the ADRV as used by the NRB.
Defendant did send in writing his view about the positive test. During the visit of a fair he fell ill after drinking a few beers. Friends called in as witnesses affirmed that he suddenly fell ill, it is possible a third party administered a drug in his drinks. Also his mother witnessed he came home ill after visiting the fair.
After the positive result of his doping test he was put in voluntary suspension.
The penalty for this violation is a two-year period of ineligibility.
The defendant didn't send in a dispensation form.
In writing and at the oral hearing on April 12, 2007, the defendant asks to lift the period of ineligibility because of no fault or negligence.
The disciplinary committee concludes that the appeal of no fault or negligence will not be accepted. An Athlete stays responsible for the administering of prohibited substances to his body even if he was very careful. There are however no facts for no significant fault or negligence, which could lead to a reduction of the sanction. The athlete was unable to point out precisely how the prohibited substance was administered to his body; this also doesn't lift the sanction.
There are no regulations for discretionary powers to lift the penalty, the minimum is a two-year period of ineligibility. Regarding the career of the young athlete and the liable testimonies the decision is a six week reduction the two-year sentence.
An appeal can be made at the CAS within 21 days after delivery.