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Drug Free Sport New Zealand v Jordan Mills


Anti-doping – basketball player (M) tested positive for prohibited substance terbutaline in sample taken from him after NBL game – provisionally suspended without opposition – admitted violation of Sports Anti-Doping Rules 2017 (SADR) Rule 2.1 and asked to be heard as to sanction – positive test due to use of inhaler for therapeutic purpose – unintentional use of specified substance – standard period of ineligibility two years under SADR Rule 10.2.2 – accepted M could establish no significant fault or negligence in seeking a reduction of the two year period under SADR Rule –Tribunal assessed appropriate sanction having regard to degree of fault – Majority of the Tribunal decided appropriate period of ineligibility was 12 months – normal degree of fault – suffered asthma since childhood – advised doctor he was subject to anti-doping rules – no further enquiry made of medication – understood obligations as had previously obtained TUE for medication – tested previously without positive result while using inhaler – attendance at anti-doping seminars – M did not consider status of his inhaler use – suspension backdated to date of testing – timely admission

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