The Royal Dutch Cycling Federation (Koninklijke Nederlandsche Wielren Unie, KNWU) has reported a violating the Anti-Doping Rules of the ISR during a Mountainbike contest. In the A sample of the doping test the prohibited substance 17α-methyl-β-androstane-3α, 17β-diol (a metabolite of methyltestosterone) was found.
After this analysis is concerned with immediate effect provisionally suspended. This is confirmed by the B sample. Person has filed a defence and the case was orally treated.
The Disciplinary Committee decides that it Disciplinary and Doping Rules came into force on January 1, 2012, will apply in assessing the declaration.
During the drug testing has indicated the individual drugs Multivitamins Vitamin B, Vitamin C and Caffeine has been used. Shall be no dispensation for the banned substance in his body was found.
The defence is concerned, four observations. First person contests the jurisdiction of the CAS. According to the Disciplinary Committee is not relevant in this case. Secondly, the person concerned was detrimental to the 'new' rules to use. But the Disciplinary Committee is not substantiated. With respect to the third comment, relating to the role of DA in the phase prior to the declaration, notice the Disciplinary Commission that in the course of any irregularities and that no evidence from any person involved altering the investigation or subsequent proceedings by the DA.
Even with the fourth remark concerned, it relates to the opacity of the regulations, the Disciplinary Commission disagrees. Also asserts that no person doping violation has occurred. There is a false positive check result that is caused by deviations from the ISL and ISPPPI. But the Disciplinary Commission considers that no individual deviation from the ISL has shown. And on the basis of a previous decision, the Disciplinary Commission also rejected the last defence of the person concerned.
The Disciplinary Commission considers that the KNWU evidence of violation of the Anti-Doping Rules has delivered. A first offense is punishable with an ineligibility for a period of two years, unless the relevant conditions for the cancellation, reduction or extension of the penalty period, all of which has not happened. The provisional suspension is deducted. The case related costs will be borne by individual.
