Related case:
ISR 2017 KNBSB Decision Disciplinary Committee 2017013 T
November 30, 2017
On 30 November 2017 the ISR-KNBSB Disciplinary Committee decided to impose a 2 year period of ineligibility on the Person after his sample tested positive for the prohibited substance Cannabis. Here the Person failed to file a statement in his defence nor did he request to be heard.
During the disciplinary proceedings the Person made in June 2017 a TUE application for the use of Cannabis which was refused by the Dutch TUE Commission on 18 July 2017. When sanctioned for 2 years on 30 November 2017 the Person appealed in December 2017 this KNBSB decision.
Further in January 2017 the Person made a second application with the TUE Commission for the medical use of Cannabis. In support of his appelication the Person filed medical information, a copy of his first TUE application from June 2017 and a medical certificate from his doctor.
However the Anti-Doping Authority Netherlands (Dopingautoriteit) reported in January 2018 that the signature of the Person's doctor in the first TUE application was different from the signature used in the second TUE application. On being asked the doctor in question confirmed to the Dopingautoriteit that the medical certificate and signature in the second TUE application were not rendered by him.
Hereafter the Person resigned in January 2018 his KNBSB membership and in March 2018 he withdrew his appeal. The Dopingautoriteit reported in April 2018 a second anti-doping rule violation against the Person for Tampering due to his falsification of a medical certificate.
After notification the Person failed again to file a statement in his defence nor did he request to be heard for the ISR-KNBSB Disciplinary Committee. The case was settled based on the filed submissions.
In spite of the Person’s membership resignation the ISR-KNBSB Disciplinary Committee holds that under the Rules the Person was still a member of the KNBSB until the end of the year 2018 and accordingly still submitted to the Anti-Doping Rules.
The Disciplinary Committee accepts the filed evidence in this case against the Person and concludes that he committed a second anti-doping rule violation as a result of writing a false medical certificate and falsification of the doctor’s signature.
Since the Person didn't file a statement in his defence the Committee holds that the Person failed to establish grounds for a reduced sanction.
Therefore the ISR-KNBSB Disciplinary Committee decides on 8 August 2018 to impose a 8 year period of ineligibility on the Person starting on the date of the decision.
Fees and expenses for this committee shall be borne by the Person.
