Facts
The Royal Dutch Gymnastics Federation (Koninklijke Nederlandse Gymnastiek Unie, KNGU) alleged athlete 2009035 for a violation of the Anti-Doping Rules. During an in-competition doping control samples were taken for doping control purposes. The analysis of the samples showed the presence of a metabolite of cocaine. Cocaine is a prohibited substance according the World Anti-Doping Agency (WADA) prohibited list.
History
Shortly after the doping control the athlete told the union physician that he had used cocaine, he admitted the use in a letter to the Doping Authority (DA) before the positive findings were confirmed. When the athlete received the notification about the positive findings he made this known to the media, resulting in loosing his job.
The KNGU did want a punishment for the violation but also they want to support the athlete to return to his top level in his sport. For this they seek mitigating circumstances and emphasis that the prohibited substance wasn't used for enhancing sport performance and the athlete had admitted the use to the DA and the general public. The athlete went to a rehab clinic abroad to show his motivation to deal with his problem.
Also the council of the athlete emphasises that the athlete had confessed the use, before the laboratory results were known, to the DA and he had made a public confession. Cocaine doesn't enhance sport performance and the athlete did suffer from loosing his job, sponsor income, his status as high level athlete, his good name, fame and reputation. For this mitigating circumstances should be considered.
The disciplinary committee does not consider the personal consequences for the athlete as mitigating circumstances. However the fact that cocaine doesn't enhance sport performance and that his confession in the media sets a positive example for top level athletes makes it possible to allow a reduction of the sentence.
Decision
- The sanction is a period of ineligibility of one year with reduction of the period already spent in voluntary suspension.
