Related case:
NADO Flanders 2015 Disciplinary Commission 2015030 T
February 16 , 2016
On 16 february 2016 the Flemish Disciplinary Commission decided to impose a € 1500,- fine and a 4 year period of ineligibility on the Dutch cyclist for his refusal to provide a sample for drug testing at a cycling competition in Flanders, Belgium.
Hereafter the Athlete appealed the decision of 16 February 2016 with the NADO Flanders Disciplinary Council. The Athlete filed several objections in his defence and he was heard for the Disciplinary Council.
Considering the Athlete’s objections the Council concludes that the Athlete was duly notified by the Doping Control Officer (DCO) at his home and he refused to return to the competition to provide a sample for drug testing. Also the announcement of the list of selected Athletes at the competition was valid under the Rules. After the Athlete ceased his participation he still had the obligation to stay available until the end of the competition and the announcement of selected athletes. Also the Athlete was sanctioned after disciplinary proceedings and not after prosecution under criminal law.
The Council accepts the Athletes argument that there was no intentional refusal or evasion of the doping control.
Without significant fault or negligence the Flanders Disciplinary Council decides on 20 May 2016 to reform the decision of 16 February 2016 and to impose 1 year period of ineligibility on the Athlete starting on the date of the provisional suspension, i.e. on 28 August 2015. In addition the Council decides to uphold the imposed € 1500,- fine including that fees and expenses for both proceedings shall be borne by the Athlete.
