ISR 2018 KNKF Decision Appeal Committee 2018005 B

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.

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Type:
pdf

Parameters:

Legal
National Decisions
Date:
10 April 2019
Arbitrator
Dijk, Michiel van
Vermeulen, P.P.H.J.M.
Wegen, J.M. van
Source
Dopingautoriteit - Doping Authority Netherlands
Country
Netherlands
Language
Dutch
ADRV
Adverse Analytical Finding / presence
Legal Terms
Commencement of ineligibility period
No intention to enhance performance
Period of ineligibility
Provisional suspension
Rules & regulations National Sports Organisations & National Anti-Doping Organisations
Waiver of "right to be heard"
Sport/IFs
Powerlifting (IPF) - International Powerlifting Federation
Other organisations
Dopingautoriteit - Anti-Doping Authority Netherlands (ADAN)
ISR - Instituut Sportrechtspraak
KNKF - Koninklijke Nederlandse Krachtsport en Fitnessfederatie
Doping classes
S4. Hormone And Metabolic Modulators
Substances
Clomiphene
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pdf
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  • ADRV
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