NIJB 2013 NIJB Decision Appeal Committee 2012060 B

Related case:
NIJB 2012 NIJB Decision Disciplinary Committee 2012060 T
March 15, 2013

Facts
On 15 March 2013 the Disciplinary Committee of the Netherlands Ice Hockey Federation (Nederlandse IJshockey Bond, NIJB) imposed a conditional 1 year period of ineligibility with two years' probation on the Player after his sample tested positive for the prohibited substance methylhexaneamine (dimethylpentylamine)
Hereafter in March 2013 the Anti-doping Authority Netherlands (Dopingautoriteit) appealed the decision of 15 March 2013 with the NIJB Appeal Committee.

Submissions Anti-doping Authority Netherlands
The Rules have no possibility to impose suspended sanctions or non-playing sanctions although an exclusion to play is possible. Also the sanction wasn't made within the correct time limit.
There are grounds to reduce the sanction although the player acted negligence with the supplement.

Submissions player
Player argued that under the Rules the NIJB faild to open disciplinary proceedings withing the time limit. Also the Rules doesn't allow suspended sanctions. Due to the delays he couldn't play and because of the media publicity he was afraid to lose his new job.

Considerations panel
The panel notes that the player failed to research the ingredients of supplements before using. It agrees that the procedural delays are grounds for reducing the sanction. The broad publicity in the media and the fear of losing his job is not a consideration because this was the result of his negligence.

Decision
1. The sanction is a period of ineligibility of four months.
2. The earlier sanction of the disciplinary committee is cancelled.
3. The decision start from May 1, 2013.

Original document

Parameters

Legal Source
National Decisions
Date
12 June 2013
Arbitrator
Feith, P.R.
Leijsen, A.G.W.
Rousseau, P.P.
Original Source
Doping Authority Netherlands
Country
Netherlands
Language
Dutch
ADRV
Adverse Analytical Finding / presence
Legal Terms
Negligence
No intention to cheat
Period of ineligibility
Probation
Procedural error
Rules & regulations National Sports Organisations & National Anti-Doping Organisations
Substantial delay / lapsed time limit
Suspended sanction
Sport/IFs
Ice Hockey (IIHF) - International Ice Hockey Federation
Other organisations
Dopingautoriteit - Anti-Doping Authority Netherlands (ADAN)
NIJB - Nederlandse IJshockey Bond
Laboratories
Cologne, Germany: Institute of Biochemistry - German Sport University Cologne
Doping classes
S6. Stimulants
Substances
4-Methylhexan-2-amine (methylhexaneamine, 1,3-dimethylamylamine, 1,3 DMAA)
Medical terms
Physical injury
Treatment / self-medication
Various
Contamination
Supplements
Document type
Pdf file
Date generated
27 November 2014
Date of last modification
15 March 2016
Category
  • Legal Source
  • Education
  • Science
  • Statistics
  • History
Country & language
  • Country
  • Language
Other filters
  • ADRV
  • Legal Terms
  • Sport/IFs
  • Other organisations
  • Laboratories
  • Analytical aspects
  • Doping classes
  • Substances
  • Medical terms
  • Various
  • Version
  • Document category
  • Document type
Publication period
Origin