Related cases:
- ISR 2006 KNKF Decision Disciplinary Committee 2006127 T
November 2, 2006
- ISR 2016 KNKF Decision Disciplinary Committee 2016010 T
November 10, 2016
- ISR 2016 KNKF Decision Appeal Committee 2016010 B
February 2, 2017
- Dopingautoriteit 2019 Decision Complaint 2016010 AB
August 27, 2020
- CND 2019 Dopingautoriteit Decision Compliance Appeal Commission 2016010 NB
January 21, 2020
On 10 November 2016 the ISR Disciplinary Committee of the Dutch Royal Strength Sport and Fitness Federation (KNKF) decided to impose a 4 year period of ineligibility on the Person after his sample tested posititve for the prohibited substance Stanozolol. The Person appealed but the ISR-KNKF Appeal Committee decided on 2 February 2017 to uphold the First Instance decision of the ISR-KNKF Disciplinary Committee.
In April 2019 the Doping Authority Netherlands (Dopingautoriteit) has reported that the Person had breached the imposed period of ineligibility (ending on 19 June 2020) through his participation in a KNKF competition. After notification the Athlete filed a statement with evidence in his defence and he was heard for the Doping Sanction Compliance Commission (CND).
The Person denied the violation and explained that he was granted to participate in KNKF competitions since the KNKF had informed him that the imposed period of ineligibility he served was reduced until 19 June 2018. The Person believed that the KNKF had jurisdiction and also he had not requested the KNKF to reduce his current sanction.
He asserted that prior he had discussed with a KNKF sports official the previous 2 year sanction he had served, imposed in 2006. He testified that he disagreed with this sanction and had submitted the case file to this sports official. The Person believed that the KNKF agreed that the sanction imposed in 2006 was wrongful and accordingly that it had reduced his current period of ineligibility until 19 June 2018.
The Dopingautoriteit found that the KNKF decision was invalid and requested the CND to annul this decision. It contended that the KNKF had no jurisdiction since the Dutch Institute of Arbitration in Sports (ISR) has jurisdiction under the Rules to impose disciplinary sanctions for established anti-doping rule violations. Consequently under the Rules the Person has breached the imposed period of ineligibility.
The Dopingautoriteit deemed that the Person previously had been involved in legal anti-doping proceedings and deliberations and could have known and verified that the KNKF had no jurisdiction. Considering the facts and circumstances the Dopingautoriteit found it plausible that there was a foul play between the Person and the KNKF.
The CND establish that the Person through his participation in a KNKF competition has breached the imposed period of ineligibility and that the KNKF had no jurisdiction to reduce this sanction. Consequently a new period of ineligibility will be imposed on the Person.
The CND considers that there was no foul play but finds that the Person throught his deliberations with the KNKF could have known that the KNKF had no jurisdiction to reduce his sanction. Regarding the facts and circumstances in this case the CND finds that there are also grounds for a reduced sanction.
Therefore the Doping Sanction Compliance Commission decides on 8 July 2019 to impose a 1 year period of ineligibility on the Person starting on 19 June 2020 until 19 June 2021.
The Person has not to pay the fees and expenses for this commission.
