ISR 2018 GLORY Decision Appeal Committee 2017009 B

On 24 January 2018 the ISR-GLORY Disciplinary Committee decided to impose a 4 year period of ineligibilility on the Person after his sample tested positive for the prohibited substances 5α-androstane-3α,17β-diol, 5β-androstane-3α,17β-diol (Testosterone), Oxandrolone and Stanozolol.

During the disciplinary proceedings in the first instance, the Person failed to respond: he didn’t file a statement in his defence nor did he attend the hearing of the ISR-GLORY Disciplinary Committee.

Hereafter in January 2018 the Person appealed the decision of 24 January 2018 with the ISR-GLORY Appeal Committee. Both parties requested settlement of this case based on the filed submissions.

The Person admitted the violation and asserted that it was not intentional and the result of a medical treatment. He stated with evidence that his doctor had administered to him synthetic Testosterone (Sustanon) on two occasions and that this administration explains the presence of the prohibited substances in his system.

The Dopingautoriteit rejected the Person’s explanation and contended that the administration of medical Testosterone alone could not explain the presence of the other prohibited substances Oxandrolone and Stanozolol in his system.

The Appeal Committee agrees that the Person failed to establish how all the prohibited substances entered his system. He also failed to establish that the violation was not intentional and the Committee holds that he committed the anti-doping rule violation.

Therefore the ISR-GLORY Appeal Committee decides on 29 June 2018 to uphold the decision of 24 January 2018 of the ISR-GLORY Disciplinary Committee and to dismiss the Person’s appeal.

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

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Parameters:

Legal
National decisions
Date:
29 June 2018
Arbitrator
Brands, J.E.
Fierstra, M.A.
Wegen, J.M. van
Source
Dopingautoriteit - Anti-Doping Authority Netherlands
Country
Netherlands
Language
Dutch
ADRV
Adverse Analytical Finding
Legal Terms
Admission
Burdens and Standards of Proof
Circumstantial evidence
Waiver of "right to be heard"
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Kickboxing (GLORY) - Glory Sports International
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Dopingautoriteit - Anti-Doping Authority Netherlands (ADAN)
Glory Sports International
ISR - Instituut Sportrechtspraak
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Isotope-ratio mass spectrometry (IRMS)
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S1. Anabolic Agents
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5α-androstane-3α,17β-diol
5β-androstane-3α,17β-diol
Oxandrolone
Stanozolol
Testosterone
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Various
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