KNSB 2010 KNSB Decision Appeal Committee 2009005 B

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In February 2009 the Royal Netherlands Skating Association (KNSB) has reported an anti-doping rule violation against the minor Athlete after his A and B samples tested positive for the prohibited substance norandrosterone. After notification a provisional suspension was ordered by the KNSB.

The KNSB Disciplinary Committee accepted the test results and decides on 12 March 2010 to impose a 1 year period of ineligibility on the Athlete and 1 year probationary period until November 2011.

In this case appeal proceeding the Athlete argued that is right of defence was violated because of the KNSB’s refusal to provide additional documentation to verify the validity of the laboratory testing method. The KNSB Appeal Committee accepted the Athlete's arguments and decided to annul the decision of 12 March 2010 rendered by the KNSB Disciplinary Committee.

The Athlete can direct his legal costs to the KNSB Appeal Committee.


Full Case History:

Between 2009 and 2011 a number of proceedings and appeals followed in the dispute between the Athlete, the KNSB and Dopingautoriteit about the anti-doping violation and the Athlete seeking annulment of the disciplinary proceedings and sanctions.

- On 9 June 2009 the Dutch District Court dismissed the Athlete’s objections about the validity of the sample collection and violation of his rights.
- On 8 September 2009 the KNSB ruled in the 1# Preliminary Decision about the validity of the sample collection and the validity of the test results for which a independent expert is appointed and the Dopingautoreit is ordered to provide additional information about the laboratory procedures and protocols.
- On 30 September 2009 the Dutch District Court dismissed the Athlete’s request to lift the provisional suspension.
- On 15 October 2010 the KNSB Disciplinary Committee ruled in the 2# Preliminary Decision about the possibility for lifting the provisional suspension for which a new hearing is ordered.
- On 2 December 2009 the KNSB Disciplinary Committee ruled in the 3# Preliminary Decision that the imposed provisional suspension will expire in February 2010 when the KNSB has not rendered a final decision against the Athlete.
- On 12 March 2010 the KNSB Disciplinary Committee dismissed the Athlete’s arguments about the validity of the test results and decided to impose a 1 year period of ineligibility on the Athlete and 1 year probationary period until November 2011.
- On 6 July 2010 the KNSB Appeal Committee ruled in the 4# Preliminary Decision that under the Rules the costs for an expert investigation shall be borne by the KNSB.
- On 26 November 2010 the KNSB Appeal Committee decides to annul the KNSB Disciplinary Committee decision of 12 March 2010 because of the KNSB’s refusal to provide additional documentation to verify the validity of the laboratory testing method as violation of the Athlete’s right of defence.

Hereafter the Dopingautoriteit and the KNSB appealed the decision the KNSB Appeal Committee of 26 November 2010 with the Court of Arbitration for Sport (CAS).

The CAS Panel concludes that the Athlete’s samples tested positive for the prohibited substance norandrosterone (Nandrolone) and that no departure from the ISL occurred in this case. Therefore the CAS Panel upholds the decision of the 12 March 2010 of the KNSB Disciplinary Committee and decides to set aside the decision of the KNSB Appeal Committee of 26 November 2010.

Original document

Parameters

Legal Source
National Decisions
Date
26 November 2010
Arbitrator
Maanen, C.J.J. van
Moerkoert, B.Th.
Wassenaer van Catwijck, A.G.J. van
Original Source
Doping Authority Netherlands
Country
Netherlands
Language
Dutch
ADRV
Adverse Analytical Finding / presence
Legal Terms
International Standard for Laboratories (ISL)
International Standard for Testing and Investigations (ISTI)
Minor
Principle of equality
Sport/IFs
Skating (ISU) - International Skating Union
Other organisations
Dopingautoriteit - Anti-Doping Authority Netherlands (ADAN)
KNSB - Koninklijke Nederlandse Schaatsenrijders Bond
Laboratories
Ghent, Belgium: DoCoLab Universiteit Gent-UGent
Analytical aspects
Accreditation of the testing laboratory
B sample analysis
Reliability of the testing method / testing result
Threshold for endogenous substances
Doping classes
S1. Anabolic Agents
Substances
19-norandrosterone
Nandrolone (19-nortestosterone)
Various
Chain of custody
Doping control
Sample collection procedure
Document type
Pdf file
Date generated
27 May 2015
Date of last modification
18 January 2017
Category
  • Legal Source
  • Education
  • Science
  • Statistics
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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