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Thu, May 18, 2023

Rowland Kaye v UK Anti Doping

Rowland Kaye v UK Anti Doping

A decision in the case of Rowland Kaye against UK Anti-Doping (UKAD) has been issued by the National Anti-Doping Panel.

On 12 May 2022, UKAD issued Mr Rowland Kaye, a Rugby Football League player with a Notice of Charge for committing Anti-Doping Rule Violations (ADRVs) for the Presence and Use of oxymetholone metabolite, which is classified under Section 1.1 of the 2022 WADA Prohibited List, as a Anabolic Agent and is a non-Specified Substance. On 21 October 2022, UKAD issued a replacement Notice of Charge and removed the charge of Use. This was due to UKAD receiving confirmation that the Metabolite could be a long term Metabolite of both oxymetholone and methasterone, therefore UKAD considered it inappropriate to continue with the charge of Use when it was unclear which was the precise parent Prohibited Substance.

The National Anti-Doping Tribunal, comprised of Robert Englehart KC (Chair), Professor Isla Mackenzie, and Dr Neil Townshend, was appointed to hear this matter.

The adverse analytical finding stemmed from an Out-of-Competition doping control test taken on 05 January 2022 at a Hunslet RLFC training session. Pursuant to the World Anti-Doping Code, a non-Specified Substance carries with it a period of four years of ineligibility, unless the athlete can establish that the violation was not intentional. Mr Kaye accepted he committed an ADRV under ADR Article 2.1 and therefore the Tribunal needed only to considered the appropriate sanction.

The Tribunal were unable to be satisfied with the evidence adduced by Mr Kaye as to the source of the Metabolite found in his system. Therefore, without knowing the source of the Prohibited Substance, the period of Ineligibility could not be reduced from 4 years to 2 years. Accordingly, the Tribunal accepted Mr Kaye had admitted the ADRV but were not satisfied that Mr Kaye proved how the Prohibited Substance entered his system, and imposed a period of Ineligibility of 4 years. The sanction commenced on 04 March 2022, the date of the Provisional Suspension and will end at 23:59 on 03 March 2026. Mr Kaye appealed the Tribunal’s decision.

The National Anti-Doping Appeal Tribunal, comprised of David Casement KC, Professor Brian Lunn, and Dr Terry Crystal, were appointed to determine this matter.

The main issues of appeal, was whether Mr Kaye discharged the burden of proof upon him, to prove on the balance of probabilities, that the method on which the Prohibited Substance entered his system was not intentional. Also, if the period of Ineligibility should run from the date of Sample collection as contended by Mr Kaye or from the date of Provisional Suspension, as contended by UKAD.

The Appeal Tribunal were of the unanimous view that the evidence presented on behalf of Mr Kaye failed to discharge the burden of proof that the ADRV was not intentional within the meaning of ADR Article 10.2. Therefore, the Appeal Tribunal determined that the appropriate start date is the date of the Provisional Suspension, in accordance with ADR Article 10.13.2. Accordingly, the Appeal Tribunal dismissed the appeal and Mr Kaye’s period of Ineligibility will be 4 years, which will run from 04 March 2022 and end at 23:59 on 03 March 2026.

A copy of the full decisions (first instance and appeal) can be accessed via the related links tab on the right-hand side. 

The National Anti-Doping Panel (NADP) is the United Kingdom’s independent tribunal responsible for adjudicating anti-doping disputes in sport. It is operated by Sport Resolutions and is entirely independent of UK Anti-Doping who is responsible for investigating, charging and prosecuting cases before the NADP.

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