Related case:
NKB 2012 NKB Decision Disciplinary Committee 2012083 T
March 23, 2012
On 23 March 2012 the Disciplinary Committee of the Netherlands Canoe Union (Nederlandse Kano Bond, NKB) decided to lift the ordered provisional suspension and to acquit the Athlete for using cannabis in 2011. The Committee considered in their decision for acquital the procedural delays and the principle of in dubio pro reo due to conflicting anti-doping regulations about cannabis.
In 2012 the NKB merged with the Royal Netherlands Yachting Union (Koninklijk Nederlands Watersportverbond, KNWV) and was officially disbanded on 28 december 2012. Therefore in April 2012 the Dopingautoriteit appealed the decision of the NKB Disciplinary Committee with the Appeal Committee of the Royal Netherlands Yachting Union (Koninklijk Nederlands Watersportverbond, KNWV).
The Athlete and the KNWV - as legal successor of the NKB - attended the hearing of the Appeal Committee in May 2013 without filing a response in this case.
The KNWV Appeal Committee finds that after the merger and disbandment of the NKB in December 2012 it has jurisdiction and rules that the appeal of the Dopingautoriteit is admissable.
The Dopingautoriteit requested the Appeal Committee to annul the decision of 23 March 2012 and asserted that the NKB Disciplinary Committee failed to specify the conflicting anti-doping regulations in their decision and argued that the Rules have no conflicting anti-doping regulations about cannabis.
The Committee agrees that the NKB anti-doping Rules have no conflicting anti-doping regulations about cannabis and concludes that the Athlete committed an anti-doping rule violation because his sample tested positive for the prohibited substance cannabis.
The Appeal Committee upholds the conclusion of the NKB Disciplinary Committee that the Athlete had used cannabis at a party out-of-competition, 2 weeks before the sample collection and without intention to enhance his performance.
Considering the circumstances and the procedural delays in this case the KNWV Appeal Committee decides on 11 June 2013 to annul the decision of 23 March 2012 of the NKB Disciplinary Committee and to impose a reprimand and a warning on the Athlete.
