ISR 2007 KNKF Decision Appeal Committee 2007063 B

The Disciplinary Committee involved acquitted this case. The Dutch Royal Strength Sport Fitness Federation (KNKF) had filed against the person because of the discovery of prohibited substances 3'-OH-stanozolol, 4β-OH-stanozolol, 16β-OH-stanozolol, norandrosterone and testosterone after an out of competition doping test. The Disciplinary Committee had her acquittal based on the consideration that the doping membership had been terminated and person concerned had stopped his sport. The KNKF appealed against the decision of the Disciplinary Committee. Person concerned reacted and submitted a defence.
The KNKF argued that person actually is a member of the KNKF and that he as a former in competition participant actually was subjected to the statutes and regulations, including the Doping Regulations. In the opinion of the KNKF the Disciplinary Committee did not sufficiently explain why bondage to the Doping Regulations was unreasonable heavy. Person was also still in a period of imposed exclusion. During this exclusion the person in question must always be available for doping tests. Person carried in his defence that the acquittal not just came about and he hopes it stays with an acquittal. Its membership is not renewed and therefore expired. He assumed that he could only be submitted to doping tests during the first year after his suspension. Since then he stopped power lifting and he continued the strongest man competitions.
The appeal committee considered that the print of the register of members of the KNKF showed that person in question was no longer a member. The appeal committee considered that the existence of a membership of an association is an unconditional prerequisite to be to make Doping Rules applicable.
The appeal committee is of the opinion that the person concerned at the time of the doping no longer was a member. Declarant is therefore inadmissible in its declaration. Given this, the Disciplinary Committee declarant wrongly received its complaint. The costs associated with the treatment of this case will be charged to the declarant.