ISR 2018 GLORY Decision Disciplinary Committee 2018004 T

In April 2018 Glory Sports International has reported an anti-doping rule violation against the foreign kickboxer after his sample tested positive for the prohibited substance 19-norandrosterone (Nandrolone).

After notification a provisional suspension was ordered. The Person filed a statement in his defence and waived his right to be heard for the ISR-GLORY Disciplinary Committee. The case was settled based on the filed submissions.

In his submission the Person admitted the violation and explained that it was caused by a contaminated supplement he had used 8 months before in 2017. Consequently through his use he previously tested positive in the United States and he already had served a reduced 8 month suspension imposed by the Illinois Athletic Commission. He asserted that the residue of the prohibited substance was still present in his system after 8 months leading to the current positive test. The Person referred to 3 websites regarding the excretion time of the substance in the human body to sustain his a assertion.

Glory Sports deemed that the presence of the prohibited substance in the Person’s system has been established and that the Person’s probable lack of intent can be considered not to sanction him again while he already had served a period of ineligibility for his anti-doping rule violation.
However the Anti-Doping Authority Netherlands (Dopingautoriteit) requested the Committee to impose a sanction of 4 years and contended that the Person failed to establish that the violation was not intentional nor that there are any grounds for a reduced sanction.

The Dopingautoriteit did not accept the Person’s assertion about the presence in his system of the residue after 8 months. Here scientific literature demonstrates that a half-life over a period of 8 months only occurs with intentional use of the substance. Also the found concentration of the substance in his sample was too high to be consistent with his use of only a contaminated supplement 8 months before.

The Committee rejects the Person’s explanation and concludes that he failed to establish how the substance entered his system. Neither did he establish that the violation was not intentional, nor that there are grounds for a reduced santion.

Therefore the ISR-GLORY Disciplinary Committee decides on 12 September 2018 to impose a 4 year period of ineligibility on the Person starting on the date of the provisional suspension.

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Parameters:

Legal
National Decisions
Date:
12 September 2018
Arbitrator
Assum, G.R.M. van
Dutrée, M.A.
Eijndhoven, O.J.H.M. van
Source
Dopingautoriteit - Anti-Doping Authority Netherlands
Country
Netherlands
Language
English
ADRV
Adverse Analytical Finding
Legal Terms
Admission
Breach of contract
Circumstantial evidence
Ne bis in idem
Waiver of "right to be heard"
Sport/IFs
Kickboxing (GLORY) - Glory Sports International
Other organisations
Dopingautoriteit - Anti-Doping Authority Netherlands (ADAN)
Glory Sports International
ISR - Instituut Sportrechtspraak
Analytical aspects
Half-life / excretion time of substance
Doping classes
S1. Anabolic Agents
Substances
19-norandrosterone
Nandrolone
Various
Supplements
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