ISR 2017 KNWU Decision Disciplinary Committee 2017008 T

In July 2017 the Royal Dutch Cycling Federation (KNWU) has reported an anti-doping rule violation against the Person for his refusal / failure to be available for sample collection because the Person was selected to provide a sample for drug testing and didn’t show up. After notification the Person filed a statement in his defence and he was heard for the ISR-KNWU Disciplinary Committee.

The Person denied that the violation was intentional and stated that before the competition in question he already had mentioned that he didn’t feel well. During the competition he was forced to quite and he went straight home. He acknowledged that he forgot to sign out officially. Before he left he visually had signaled to the sports offials in the cycling broom wagon that he was quiting and that the sports official had noted his signal.

The Anti-doping Authority Netherlands (Dopingautoriteit) asserted that the Person acted with a certain degree of negligence and accepted that the Person had indicated to the sports official that he quited the competition. The Disciplinary Committee finds that failures in the coordination had caused the anti-doping violation due to the sports official in the broom wagon didn’t report the Person’s absence to the competition team and as a result he was not available to provide a sample when selected.

Considering the evidence in this case the ISR-KNWU Disciplinary Committee concludes that the Person has established that he bears No Fault or Negligence and decides on 22 January 2018 not to sanction the Person.

Fees and expenses for this committee shall be borne by the KNWU.

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Type:
pdf

Parameters:

Legal
National decisions
Date:
22 January 2018
Arbitrator
Eijndhoven, O.J.H.M. van
Maanicus, R.M.
Sandberg, P.J.
Source
Dopingautoriteit - Anti-Doping Authority Netherlands
Country
Netherlands
Language
Dutch
ADRV
Failure to submit to sample collection
Refusal
Document type
pdf
IF'S
Cycling (UCI) - International Cycling Union
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No Fault or Negligence
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Dopingautoriteit - Anti-Doping Authority Netherlands (ADAN)
ISR - Instituut Sportrechtspraak
KNWU - Koninklijke Nederlandsche Wielren Unie
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