Related cases:
- ISR 2006 KNKF Decision Disciplinary Committee 2006127 T
November 2, 2006
- ISR 2016 KNKF Decision Disciplinary Committee 2016010 T
November 10, 2016
- ISR 2016 KNKF Decision Appeal Committee 2016010 B
February 2, 2017
- CND 2019 Dopingautoriteit Decision Compliance Commission 2016010 N
- CND 2019 Dopingautoriteit Decision Compliance Appeal Commission 2016010 NB
January 21, 2020
On 10 November 2016 the ISR Disciplinary Committee of the Dutch Royal Strength Sport and Fitness Federation (KNKF) decided to impose a 4 year period of ineligibility on the Person after his sample tested posititve for the prohibited substance Stanozolol. The Person appealed but the ISR-KNKF Appeal Committee decided on 2 February 2017 to uphold the First Instance decision of the ISR-KNKF Disciplinary Committee.
On 8 July 2019 the Doping Sanction Compliance Commission (CND) of the Doping Authority Netherlands (Dopingautoriteit) decided to impose a 1 year period of ineligibility on the Person - starting on 19 June 2020 until 19 June 2021 - after the Dopingautoriteit had reported that the Person had breached the imposed period of ineligibility (ending on 19 June 2020) through his participation in a KNKF competition.
Here the CND established that the KNKF had rendered an invalid decision while the KNKF had no jurisdiction to reduce the Person’s sanction.
Hereafter the Person filed a complaint against the CND Decision and requested the Dopingautoriteit to reconsider the decision of 8 July 2019. The Person acknowledged in his submission that he had breached his period of ineligibility but denied it was intentional since he had received written permission from the KNKF to participate in competitions.
In his defence the Person asserted that he had insufficient knowledge about the procedures regarding anti-doping rule violations or regarding filing an appeal or complaint. He was unaware that the KNKF decision was invalid and his advisor had failed to discuss the procedures with him. Further the Person claimed that he was erroneously referred to the KNKF after he contacted the Dutch Institute of Arbitration in Sports (ISR) about the previous proceedings against him.
The Dopingautoriteit argued that the Person was represented by an Advisor to whom was explained that the KNKF had no legal right to reduce the Person's sanction. Therefore the Person could have known that only the ISR had jurisdiction and on being asked the ISR denied explicitly that there had been any contact with the Person’s Advisor. Consequently the Dopingautoriteit deems that any fault made by the Person and his Advisor in these proceedings were the Person’s responsibility. Finally the Dopingautoriteit concludes that the CND had not violated the Person’s rights or any regulation in this matter.
Therefore the Dopingautoriteit decides on 27 August 2019 that the Person’s Complaint was inadmissible, unfounded and dismissed.
