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
- CND 2019 Dopingautoriteit Decision Compliance Commission 2016010 N
July 8, 2019
- Dopingautoriteit 2019 Decision Complaint 2016010 AB
August 27, 2019
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.
On 8 July 2019 the Doping Sanction Compliance Commission (CND) of the Doping Authority Netherlands (Dopingautoriteit) decided to impose a 1 year period of ineligibility on the Person - starting on 19 June 2020 until 19 June 2021 - after the Dopingautoriteit had reported that the Person had breached the imposed period of ineligibility (ending on 19 June 2020) through his participation in a KNKF competition. Here the CND established that the KNKF had rendered an invalid decision while the KNKF had no jurisdiction to reduce the Person’s sanction.
In July 2019 the Person filed a complaint against the CND Decision and requested the Dopingautoriteit to reconsider the decision of 8 July 2019. However the Dopingautoriteit decided on 27 August 2019 that the Person’s Complaint was inadmissible, unfounded and dismissed.
In July 2019 the Person had also filed an appeal with the CND and he was heard for the CND Appeal Commission. The Appeal Commission considered the following arguments of the parties:
- The Person had acknowledged that he had breached his period of ineligibility but denied it was intentional since he had received written permission from the KNKF to participate in competitions;
- He was unaware that the KNKF decision was invalid;
- The Dopingautoriteit contended that the Person previously had been involved in legal anti-doping proceedings and deliberations;
- Therefore the Dopingautoriteit holds that the Person could have known and verified that the KNKF had no jurisdiction and that the KNKF decision was invalid.
The Appeal Commission does not accept the arguments of the Dopingautoriteit and finds that the Person was entitled to expect that the KNKF written permission of 8 July 2019 was valid. As a result there was no need for the Person to question the KNKF jurisdiction, nor the validity of their permission. Finally the Appeal Commission concludes that the Person was not at Fault when he breached the imposed period of ineligibility through his participation in a KNKF competition.
Therefore the CND Appeal Commission decides on 21 January 2020 to annul the CND Decision of 8 July 2019 and to cancel the additional 1 year period of ineligibility imposed on the Person.
