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International Arbitration Forum

United Kingdom Anti-Doping Limited v. Wayne Boardman

Case summary

At a glance

Parties
United Kingdom Anti-Doping Limited (UKAD) (appellant) v. Wayne Boardman (respondent)
Case no.
CAS 2022/A/8727
Forum and rules
Court of Arbitration for Sport, appeals procedure under the CAS Code (2021 edition); 2021 UK Anti-Doping Rules
Treaty
None. Appeal under Article 13.4 of the 2021 UK Anti-Doping Rules
Tribunal
Jeffrey G. Benz (Sole Arbitrator)
Sector
Wheelchair rugby league; anti-doping
Outcome
Appeal partially upheld. The National Anti-Doping Panel's finding of No Fault or Negligence was set aside and Mr Boardman received a 13-month period of ineligibility from 26 June 2021, on the basis of No Significant Fault or Negligence.
Amount
No monetary award. Competitive results from 26 June 2021 to 28 September 2021 are disqualified, with forfeiture of titles, medals, points and prize and appearance money.

The dispute

Wayne Boardman is a Great Britain wheelchair rugby league and basketball player. On 26 June 2021 his urine sample, taken in competition, tested positive for metabolites of oxandrolone. Oxandrolone is an anabolic steroid and a non-specified substance. He did not dispute the violations of Articles 2.1 and 2.2 of the UK Anti-Doping Rules. He said that on 30 May 2021, while ill with a urinary tract infection, he had taken two tablets from a bottle labelled "paracetamol" in the van of his friend Duanne Hurst. Mr Hurst had hidden his own oxandrolone in that bottle. The National Anti-Doping Panel accepted this account and found, by majority, that he bore No Fault or Negligence, so it imposed no ineligibility. UKAD appealed to CAS. It accepted that the violation was not intentional but argued that Mr Boardman was at fault: he had not kept paracetamol at home, he did not check the tablets, the container was unsealed, and he knew his friend had used steroids. Mr Boardman sought to have the No Fault finding upheld or, in the alternative, a reduction to one year for No Significant Fault or Negligence.

Key holdings

  1. CAS has jurisdiction under Article 13.4 of the UK Anti-Doping Rules because Mr Boardman is an International-level Athlete. The appeal was filed in time and is admissible. ¶¶ 40–50
  2. The violation was not intentional. Mr Boardman proved that the oxandrolone came from tablets he took by accident from an open container labelled paracetamol in his friend's van. The starting sanction was therefore two years, not four. ¶¶ 59, 66
  3. The No Fault or Negligence defence fails. Mr Boardman was an experienced athlete with anti-doping education. He had not replaced his paracetamol despite frequent infections. He knew his friend had used steroids, and he did not confirm which tablets his friend meant. The infection did not stop him from reasoning or exercising care. ¶¶ 67–71
  4. No Significant Fault or Negligence is established. The infection, whose symptoms are more intense for a person with lower-body paralysis, impaired his thinking. Seen in that context, his fault was a 'light degree of fault' under the categories set out in CAS 2013/A/3327 & 3335, adjusted for a minimum sanction of 12 months. The Sole Arbitrator imposed 13 months of ineligibility. ¶¶ 72–80
  5. Under Article 10.13.1, the period runs from the date of sample collection (26 June 2021), because substantial delays in the proceedings were not attributable to the athlete. In return, his competitive results from that date are disqualified and his winnings forfeited. ¶¶ 81–82; operative ¶¶ 4–5

Procedural history

  1. 26 June 2021UKAD collected a urine sample in competition at a match in Sheffield. The sample later returned adverse analytical findings for oxandrolone metabolites.
  2. 28 September 2021UKAD charged Mr Boardman with violations of Articles 2.1 and 2.2 of the UK Anti-Doping Rules.
  3. 20 October 2021UKAD sent a Request for Arbitration to the National Anti-Doping Panel.
  4. 23 February 2022The National Anti-Doping Panel, after a hearing on 2 February 2022, confirmed the violations but imposed no ineligibility, finding by majority that Mr Boardman bore No Fault or Negligence.
  5. March 2022UKAD filed its Statement of Appeal with CAS. The award gives the date as 16 March 2022 in ¶ 22 and as 15 March 2022 in ¶ 48 and the operative part.
  6. 25 May 2022Jeffrey G. Benz was confirmed as Sole Arbitrator.
  7. 13 July 2022Hearing held by video-conference.
  8. 28 September 2022Operative part of the award issued: appeal partially upheld and a 13-month ineligibility imposed.
  9. 20 December 2023Reasoned award issued.

Tribunal, counsel and experts

Decided by
  • Jeffrey G. Benz Sole arbitrator, Court of Arbitration for Sport — appointed by the institution
For the claimant
Bird & Bird · UKAD
For the respondent
Twenty Essex · LloydLaw LLP
Experts
David Cowan (claimant)

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Keywords

Summary generated with AI from the published documents — refer to the award for the authoritative text.

Case ID
CAS 2022/A/8727
Claimant
United Kingdom Anti-Doping Limited
Respondent
Wayne Boardman
Documents

Procedure: Appeal
Matter: Doping
Outcome: Partially Upheld
Panel: Jeffrey G. Benz
Source: Court of Arbitration for Sport case database.