Related cases:
- ISR 2009 NWWB Decision Disciplinary Committee 2009064 T
June 29, 2009
- Dutch District Court 20009 Athlete 2009064 vs NWWB
July 24, 2009
On 29 June 2009 the Netherlands Water Ski & Wakeboard Federation (NWWB) Disciplinary Committee decides to impose a 2 year period on the Person after his A and B samples tested positive for the prohibited substance nandrolone.
Hereafter in July 2009 the Person appealed the decision of 29 June 2009 with the NWWB Appeal Committee.
The Person requested the Appeal Committee to annul the decision because the Disciplinary Committee failed to dismiss the case due to the fact that time limits were exceeded in the disciplinary proceeding because under the Rules the Dopingautoriteit reported the results of the B sample 5 days too late to the Person. Also he requested the Appeal Committee for exclusion of the test results. The Person argued that he acted without fault or negligence and the imposed 2 year period of inegligibility was disproportional.
The NWWB Appeal Committee partially accepts the Person’s arguments. The Committee considers that exceeding the time limits are minor faults and no violation of the Person’s rights.
However with exceeding the time limits the Committee rules that the Dopingautoriteit, as professional body, violated the Rules in the disciplinary proceedings because it has the obligation to pay strict attention to follow the Rules.
Therefore the NWWB Appeal Committee decides that the reported anti-doping violation is inadmissible; annuls the decision of 29 June 2009; and to acquit the Person. Fees and expenses for this Committee shall be borne by the NWWB.
