Boxing New Zealand has reported an anti-doping rule violation against Respondent after he refused to supply a sample for drug testing. Respondent filed a statement in his defence and was heard for the Tribunal. Respondent admitted the anti-doping violation but stated he refused to provide a sample because he had not been boxing for over a year and therefore thought he would not have to provide a sample.

However, the Tribunal concludes he was wrong. Although Respondent said he was not boxing at the time of the refusal, he had never formally retired from the sport and in fact gave evidence to the Tribunal that “he was taking a break” and thought he may at some stage return to boxing. As he had not advised Boxing NZ he was retired, nor gone through the formal processes required to retire, he remained a national level athlete who was clearly eligible for out of competition testing and was properly required to provide a sample.

The Tribunal concludes Respondent had made no attempt to determine what his obligations were and could not show he had no significant fault in wrongly refusing to provide a sample.
The Sports Tribunal of New Zealand decides to impose a 2 year period of ineligibility on the Respondent starting on 18 March 2007.

Facts
The International Equestrian Federation (FEI) alleges Daniel Pinto (the athlete) for a violation of the Anti-Doping Rules of Human Athletes. The athlete took part in the CDI-W London Olympia, GBR, 17-22 december 2007 he provided urine sample during an in-competition doping test on 17 December 2007. His sample contained 11-nor-delta-9-tetrahydrocannabinol-9-carboxylic acid
(Marijuana).

History
Ten days before the game, he attended a social event in Seville, Spain, where other people started smoking a cigarette of marijuana. The Athlete decided to smoke it too. The athlete had no intention to enhance his performances.

Decision
1. As a result of the foregoing, the Tribunal has decided to disqualify the Athlete from the Event and that all medals, points and prize money won at the Event must be forfeited, in accordance with ADRHAs Article 9.
2. As a consequence of the foregoing, the FEI Tribunal decides to impose on the Athlete the following sanctions, in accordance with GR Article 174 and ADRHA Article 10: The Athlete shall be suspended for a period of three (3) months to commence immediately and without further notice at the expiration of the period in which an appeal may be filed (30 days from the date of notification of the written decision) or earlier if the appeal is waived in writing by or on behalf of the Athlete.

The New Zealand Federation of Body Builders (NZFBB) has reported an anti-doping rule violations against Respondent after he refused to supply a sample. The Respondent filed a statement in his defence admitting the violation and waved his right to be heard before the Tribunal.
The Sports Tribunal of New Zealand decides to impose a 2 year period of ineligibility on the Respondent starting on the date of the decision.

Related case:

CAS 2007_A_1415 Michael Benjamin vs FEI
April 24, 2008

In November 2006 the South African Institute for Drugfree Sport (SAIDS) reported an anti-doping rule violation against the Athlete Michael Benjamin after he refused to submit to sample collection.

The Athlete attempted to avoid that the test would establish that he had consumed alcohol and a medication that might contain forbidden substances.

Consequently on 25 September 2007 the FEI Tribunal decided to impose a 2 year period of ineligibility on the Athlete.

Drug Free Sport New Zealand (DFSNZ) has reported an anti-doping rule violation against the Respondent after his sample tested positive for the prohibited substance Cannabis. Respondent admitted the violation and explained he had used cannabis on a social occasion.
He acknowledged that he knew it was a prohibited substance.

The Tribunal accepts that Respondent did not use cannabis with the intention of enhancing his sports performance.
The Sports Tribunal of New Zealand decides to impose a 1 month period of ineligibility on the Respondent.
However because the rugby season has ended and does not start again until around 1 March 2008, the period of ineligibility will run from the date of the decision until 31 March 2008 in order for the penalty to be effective.

Basketball New Zealand (BBNZ) has reported an anti-doping rule violation against the Respondent after his sample tested positive for the prohibited substance Cannabis. Respondent admitted the violation and explained he had used cannabis a week before the match during a momentary lapse on a night out. The Tribunal accepted that Respondent did not use cannabis with the intention of enhancing his sports performance.

The Sports Tribunal of New Zealand decides to impose a ban on the Respondent, from 15 February 2007 until 21 March 2008, from competing in any events and competitions conducted by or under auspices of BBNZ.
However, the Tribunal will suspend the ban if agreement is reached between Respondent, BBNZ, the Hawk’s franchise and Drug Free Sport on a suitable drug education programme in which Respondent will participate for a period of not less than one month. This programme will need to be substantially completed by 21 March 2008.
To obtain the suspension of the Tribunal’s ban, Respondent will need to satisfy Drug Free Sport of both his suitability for and commitment to such a programme and that it be of benefit to Drug Free Sport.

Facts
The International Equestrian Federation (FEI) alleges Thomas Frühmann (the athlete) During an in-competition test on 15 December 2005 a sample was taken for doping control. His urine sample revealed the prohibited substance hydrochlorothiazide.

History
The Athlete submitted a medical report through which it was established that the prohibited substance was administered for the legitimate treatment of arterial hypertension and was prescribed by a physician. The Austrian NF might have been negligent by not forwarding the Application Form for a Therapeutic Use Exemption (TUE). The medication was life saving and required at the Athlete's age and for his condition. The medication could not enhance his performance and the medication could not have any positive effect what so ever on a rider in a jumping event.

Decision
1) The disqualification of the individual result obtained by Mr. Thomas Frühmann, including forfeiture of any medals, points and prizes.
2) As soon as the current revision of the WADA Code is finalized and in effect, the case will be reconsidered as to eventual further sanctions, if any, and towards the costs of the proceedings.

The New Zealand Federation of Body Builders (NZFBB) has reported an anti-doping rule violations against Respondent after her sample tested positive for the prohibited substance Benzylpiperazine.
Respondent filed a statement in her defence and was heard for the Tribunal. Respondent admitted the violation and stated the positive result was due to her using a product she purchased at a local health store. She stated that she knew the product contained the substance, which was stated on the label, but did not realize that the substance was a prohibited substance.

The Tribunal concludes that Respondent acted with a degree of carelessness which means she cannot rely on the “no significant fault or negligence” provisions of the WADA Code.
Therefore the Sports Tribunal of New Zealand decides to impose a 2 year period of ineligibility on the Respondent, starting on the date she last competed.

Drug Free Sport New Zealand (DFSNZ) has reported an anti-doping rule violation against the Respondent after his sample tested positive for the prohibited substance Cannabis.
Respondent admitted the violation and stated he used cannabis while drinking with friends. The Tribunal accepted that Respondent did not use cannabis with the intention of enhancing his sports performance.
The Tribunal considered aggravating factors were that he used cannabis two days before the match while aware that it was a banned substance and that he had previously signed a participation agreement acknowledging he was aware of the banned substances policy of New Zealand Rugby League.
Mitigating factors included his young age (18) and that he missed out on being considered for selection for under18 teams as a result of the positive test.
The Sports Tribunal of New Zealand decides to impose a 4 week period of ineligibility on the Respondent, starting on 1 March 2008 until 28 March 2008.

Related case:
CAS 2013_A_3151 Jonathon Millar vs FEI
October 7, 2013

Facts
The International Equestrian Federation (FEI) alleges Jonathon Millar for a violation of the Anti-Doping Rules for Human Athletes (ADRHA). From 30 June to 3 July 2011, the Athlete participated at the CSI4*-W in Spruce Meadows AB in Calgary, Canada, in the discipline of Jumping. On 30 June 2011, the Athlete was selected for in-competition testing. The analysis of the urine sample revealed the presence of Prasterone (DHEA). DHEA is a Prohibited Substance according to the List, in force at the time of Sample collection (Analysis Result Record dated 3 August 2011 and Amended Certificate of Analysis dated 3 August 2011).

History
On 8 September 2008, the Athlete informed his National Anti-Doping Agency, the Canadian Centre of Ethics in Sport ("CCES") that his doctor had concluded that his DHEA level was very low and that he had suggested taking DHEA, at a dose of 25 mg per day. His standard Therapeutic Use Exemption (TUE) application to the CCES had been denied, outlining in detail the areas for which evidence to support the Athlete's application was lacking. A new TUE form needed to be submitted and that furthermore clear medical support was required for the TUE application to be considered. Because he tested positive the athlete requisted an extension of the deadline to respond to the charge for awaiting his second application for a TUE. Eventually DHEA was not the appropriate medication for his condition.

Decision
1. The athlete is disqualifying from the Competition and all medals, points and prize money won at the Competition must be forfeited, in accordance with Article 9 of the ADRHA. The Tribunal is further disqualifying all other results obtained by the Athlete, in accordance with Article 10.1 of the ADRHA.
2. As a consequence of the foregoing, the Tribunal is imposing the following sanctions on the Athlete, in accordance with Article 169 of the Gemeral Regulations (GR's) and Article 10 of the ADRHA:
a. The Athlete shall be suspended for a period of two (2) years to be effective immediately and without further notice from the date of the notification. The Period of Provisional Suspension, effective from 24 August 2011, i.e. the date of Provisional Suspension,
shall be credited against the Period of Ineligibility imposed in this decision. Therefore, the athlete shall be ineligible through 23 August 2013.
b. The Athlete is fined CHF 2,000.

Costs
The Athlete shall contribute CHF 4,000 towards the legal costs of the judicial procedure, as well as the costs of the B-Sample analysis.