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Thu, March 14, 2024

UK Anti-Doping v Tom Curwen

UK Anti-Doping v Tom Curwen

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

On 6 April 2023, Mr Curwen was notified by UKAD that he may have committed Anti-Doping Rule Violations (ADRVs) for Presence of a Prohibited Substance in a Sample taken on 18 February 2023, amphetamine, and Use of the same Prohibited Substance. This notification further mentioned that he was provisionally suspended. 

On 28 July 2023, UKAD formally issued Mr Curwen with a Notice of Charge for committing the ADRVs pursuant to Anti-Doping Rules (ADR) Articles 2.1 and 2.2. The National Anti-Doping Tribunal, comprised of Michelle Duncan (Chair), Colin Murdock and Dr Terry Crystal, who were appointed to determine this matter. Mr Curwen did not dispute that he had committed ADRVs but he stated that the ADRVs were not intentional and that there was No Significant Fault of Negligence. UKAD did not dispute Mr Curwen’s position on his intention in relation to the ADRVs but did not accept that there had been No Significant Fault or Negligence. The issue before the Tribunal was to determine the period of Ineligibility. 

Mr Curwen provided evidence to support his diagnosis of Attention Deficit Hyperactivity Disorder (ADHD) and the use of medication to treat this medical condition which contained the Prohibited Substance. At the time of the In-Competition test Mr Curwen did not have a Therapeutic Use Exemption (TUE) but this was applied for retroactively. However, this application was refused by the TUE Fairness Review Panel and therefore led to Mr Curwen being charged by UKAD.

Pursuant to ADR Article 10.6, the period of Ineligibility may be reduced from the maximum of two years if Mr Curwen was able to establish that he bears No Significant Fault or Negligence for the ADRVs he had committed. Mr Curwen displayed evidence of his particular circumstances at the surrounding time of his In-Competition test. 

Accordingly, the Tribunal was satisfied as Mr Curwen had admitted he had committed the ADRVs pursuant to ADR Article 2.1 and Article 2.2. Also, that he was at Fault and acted negligently but with the particular circumstances in this matter imposed a period of Ineligibility of 18 months. Given that Mr Curwen had been subject to a Provisional Suspension since 6 April 2023 and there was no evidence that he had not observed the Provisional Suspension, the 18 month period of Ineligibility was set to run from 6 April 2023 and end at midnight 5 October 2024.  

A copy of the full decision can be accessed via the related links tab on the right-hand side.

The National Anti-Doping Panel 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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