In April 2023 the United Kingdom Anti-Doping (UKAD) reported an anti-doping rule violation against the rugby player Tom Curwen after his sample tested positive for the prohibited substance Amfetamine.
Following notification a provisional suspension was ordered. The Athlete filed a statement in his defence and he was heard for the National Anti-Doping Panel.
The Athlete admitted the violation, denied the intentional use of the substance and requested for a reduced sanction. He explained that at the relevant time he had mental health issues and was coping with the difficulties and challenges through the COVID-19 pandemic.
Before the Athlete was diagnosed with ADHD in July 2022 he was unaware that he suffered from any medical or mental healt condition. However until Elvanse (Methylphenidate) had been prescribed in January 2023 he had experienced severe side effects from the previous prescribed medications that effected his mental state.
The Athlete acknowledged that when he returned to rugby in December 2022 he did not check his medication, nor made a TUE application. Yet, when he was tested in February 2023 he mentioned Elvanse on the Doping Control Form.
After the positive test in April 2023 the Athlete's application for a retrospective TUE was rejected. Moreover, pending the issue of a required psychiatric report, for months he was unable to make an application for a prospective TUE.
UKAD accepts that the Athlete's violation was not intentional. However UKAD dismissed that he had acted with No Significant Fault or Negligence.
In view of the evidence the Panel agrees that the Athlete's violation was not intentional and that he had acted with a degree of negligence. Further the Panel determines that the Athlete has demonstrated that his ADHD led to cognitive impairment and that this was linked to the circumstances surrounding the commission of the violations.
Therefore the Panel decides on 2 Febuary 2024 to impose an 18 month period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 6 April 2023.
