Related case:
KNWU 2005 KNWU Decision Disciplinary Committee 2005120 T
September 5, 2005
In April 2005 the Royal Dutch Cycling Union (KNWU) has reported an anti-doping rule violation against the Person after his A and B samples for the prohibited substance testosterone with a T/E ratio above the WADA threshold.
After notification the Athlete filed a statement with medical files in his defence and he was heard for the KNWU Disciplinary Committee.
The Person explained that his high T/E ratio is caused by his exceptional low testosterone level and that he underwent further medical examinations for his condition.
The Person assumed also that the food supplements he used could have contained contaminations.
The KNWU Disciplinary Committee accepted the Person’s explanation and decided on 1 July 2005 to acquit the Person with the recommendation to apply for a TUE because of his high T/E ratio.
Hereafter in August 2005 the UCI appealed this KNWU decision for acquittal with the Court of Arbitration for Sport (CAS).
The CAS Panel concluded that the testosterone in the samples were of exogenous origin and decided to annul the KNWU decision of 1 July 2005 and to impose a 2 year period of ineligibility on the Person.
In addition CAS decided in a new proceeding in 2006 to impose a lifetime period of ineligibility on the Person because the he had committed a second anti-doping violation in 2005 .
