Related case:
ISR 2018 KNKF Decision Disciplinary Committee 2018005 T
October 22, 2018
On 22 October 2018 the ISR-KNKF Disciplinary Committee decided to impose a 4 year period of ineligibility on the Person, after he tested positive for the prohibited substance Clomiphene. In this case the Doping Authority Netherlands (Dopingautoriteit) reported this anti-doping rule violation within the time limit since the Royal Dutch Strength Sport and Fitness Federation (KNKF) refrained from doing this and neither imposed a provisional suspension. Here the Person failed to file a statement in his defence nor did he request to be heard for the ISR-KNKF Disciplinary Committee. The case was settled based on the filed submissions.
Hereafter in November 2018 the Dopingautoriteit appealed the first instance decision with the ISR-KNKF Appeal Committee. In this appeal the Person did not file a statement in his defence.
The Dopingautoriteit requested for a reduced sanction and contended that the ISR-KNKF Disciplinary Committee in first instance erroneously imposed a 4 year period of ineligibility due to there was no evidence that the violation was intentional. Further the Dopingautoriteit contended that in the absence of a provisional suspension under the Rules the imposed sanction had to start on the date of the decision, i.e. 22 October 2018, and not on 5 November 2018.
The ISR-KNKF Appeal Committee agrees with the Dopingautoriteit and decides on 10 April 2019 to reduce the sanction and to impose a 2 year period of ineligibility on the Person starting on 22 October 2018.
Fees and expenses for this committee shall be borne by the ISR.
