Facts
The appellant appeals against the decision, dated 5-2-2014, of the ISR-KNKF Disciplinary Committee related to the charge of the Royal Netherlands Power Sport and Fitness Federation (Koninklijke Nederlandse Krachtsport en Fitnessfederatie, KNKF) for tampering, the penalty imposed was a period of ineligibility lasting two years.
History
The coach of the athlete selected for the doping control told the Doping Control Official (DCO) that the athlete would not undergo the doping control and signed the doping control form with a false name.
In his written defence and at the hearing the oach/representative argues:
1.) the decision came right after the hearing which could indicate the decision was already made beforehand;
2.) the violation was established only by telephone calls with the DCO;
3.) the reason for tampering was not determined by the Disciplinary Committee;
4.) the Dopingautoriteit (DA) also has no interest in the conviction of the appellant;
5.) the Appeal Committee does not allow to plea for a significant fault or negligence because the doping test never took place.
The ISR-KNKF Appeal Committee submissions to this:
1.) disagrees that the decision was made ready beforehand the decision was already know February 28, 2014, after a meeting the date of the decision was also the date of the verdict, February 5, 2014.
2.) There was no violation concerning fair trial.
3.) The Appeal Committee confirms the first instance decision of the disciplinary committee except that there was also attempting tampering. The coach acted as support personnel, in writing and orally he made clear that there would be no collaboration for a doping test. The selection to take part of a doping test also is a part of the doping test.
4.) The argument that the DA has no interest in the conviction is not true because it is the duty of the DA to make sure that the Anti-Doping rules are handled correctly and in compliance with the ruling.
5.) The coach failed to explain his conduct. For that reason it is not possible to have a reduction of the period of ineligibility because there is no reason to speak of significant fault or negligence.
Decision
1. The sanction was 2 year period of ineligibility starting on the date of the decision.
2. The costs of the tribunal and appeal will be borne by the coach.
