The Sports Tribunal have handed down a year-long suspension to Southland basketballer Gareth Dawson, who tested positive to a banned substance during a pre-season NBL tournament.
Dawson, who plays for the Southland Sharks in the domestic league, tested positive to tamoxifen - a hormone therapy drug more commonly used bywomen.
The mandatory penalty for this violation is two years' suspension. However as tamoxifen is a "specified substance" the suspension was reduced to one year as Dawson was able to established how the substance got into his syste and that taking tamoxifen wasn't intended to enhance his sports performance.
Dawson admitted the violation, claiming the drug was used to treat a medical condition which was "sore and annoying" when competing. He was diagnosed with the condition in 2011 by a doctor in Timaru, but no treatment was prescribed.
In 2013 Dawson researched the condition online, saw references to tamoxifen as a treatment and ordered tablets from an online pharmacy. He did not receive the tablets as they were intercepted by NZ Customs, so he later consulted a doctor in Invercargill and requested a repeat prescription of tamoxifen. He said this was the source of the positive test.
The Tribunal was satisfied how the prohibited substance entered Dawson's body and that he didn't intend to enhance his sports performance or mask the use of a performance enhancing substance. Therefore he was eligible for suspension of less than two years, depending on his level of fault.
The Tribunal said athletes know there is a regime where they have strict personal responsibility to ensure that prohibited substances don't enter their bodies. If they are casual and inattentive to education provided, or don't use advice available, they do so at their peril.
In assessing Dawson's level of fault, the Tribunal disagreed that he was merely silly or careless by trying to self-medicate but said he was foolhardy and his culpability was not at the low end. The Tribunal ruled Dawson was an experienced athlete who had ample opportunity to know and understand the drug free environment.
The Tribunal concluded that because of Dawson's failures to meet his personal responsibilities, the penalty couldn't be less than 12 months suspension. As Dawson was provisionally suspended in May this year, he will won't be eligible to compete again until May 15, 2015.
