NKB 2012 NKB Decision Disciplinary Committee 2012083 T

Related case:
KNWV 2012 KNWV Decision Appeal Committee 2012083 B
June 11, 2013

In July 2012 the Netherlands Canoe Union (Nederlandse Kano Bond, NKB) has reported an anti-doping rule violation against the Athlete after his sample tested positive fort he prohibited substance cannabis.

After notification a provisional suspension was ordered. The Athlete filed a statement with evidence in his defence and he was heard for the NKB Disciplinary Committee in December 2012.
The disciplinary proceedings in this case were delayed due to the merger of the NKB with the Royal Netherlands Yachting Union (Koninklijk Nederlands Watersport Verbond, KNWV), miscommunication and the Athlete’s stay abroad.

The Athlete stated, sustained by witnesses, that he used cannabis at a party 2 weeks before he provided a sample for drug testing and without intention to enhance his performance. The Committee finds that the use of cannabis was out-of-competition and 2 weeks before the competition and the sample collection. With the principle of in dubio pro reo due to conflicting anti-doping regulations about cannabis the NKB Disciplinary Committee decides on 23 March 2013 to lift the provisional suspension and to acquit the Athlete.

Original document

Parameters

Legal Source
National Decisions
Date
23 March 2012
Original Source
Doping Authority Netherlands
Country
Netherlands
Language
Dutch
ADRV
Adverse Analytical Finding / presence
Legal Terms
Acquittal
Circumstantial evidence
In dubio pro reo
No intention to enhance performance
Rules & regulations National Sports Organisations & National Anti-Doping Organisations
Substantial delay / lapsed time limit
Sport/IFs
Canoe (ICF) - International Canoe Federation
Other organisations
Dopingautoriteit - Anti-Doping Authority Netherlands (ADAN)
KNWV - Koninklijke Nederlanse Watersportbond
NKB - Nederlandse Kano Bond
Doping classes
S8. Cannabinoids
Substances
Cannabis (THC)
Various
Out-of-competition use / Substances of Abuse
Document type
Pdf file
Date generated
15 March 2016
Date of last modification
21 March 2016
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  • Legal Terms
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  • Various
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