Related case:
ISR 2012 NWWB Decision Disciplinary Committee 2012059 T
March 4, 2013
On 4 March 2013 the Netherlands Water Ski & Wakeboard Federation (NWWB) Disciplinary Committee decided to impose a 2 year period of ineligibility on the Athlete after his A and B samples tested positive for the prohibited substance cannabis. After notification the Athlete failed to attend the hearing of the NWWB Disciplinary Committee, nor did he file a statement in his defence.
Hereafter the Athlete and the NWWB appealed the NWWB Disciplinary Committee Decision of 4 March 2013 with the NWWB Appeal Committee.
The Athlete and the NWWB did not dispute the anti-doping violation. Their appeal concerns the imposed sanction on the Athlete by the Disciplinary Committee.
The NWWB argued that the Athlete is not an elite level athlete; cannabis does not enhance sport performance; and the substance could be traced in the body for a long time and therefore shows no proof of in competition use.
The Athlete submitted that he had used cannabis 3-6 weeks before the doping test and he became member of the NWWB a few days before the competition. He had never before participated in official competitions and did not know that cannabis was a prohibited substance. The NWWB confirmed the Athlete’s recent membership.
The Appeal Committee concludes that the Athlete had no intention to enhance his sport performance and was as new NWWB member uneducated regarding the anti-doping rules.
Therefore the Appeal Committee rules to set aside the NWWB Disciplinary Committee Decision, as far as the imposed sanction is concerned, and decides to impose a reprimand on the Athlete.
Fees and expenses for this committee shall be borne by the Athlete.
