Related case:
NADO Flanders 2018 Disciplinary Commission 20186759
November 27, 2018
On 27 November 2018 the NADO Flanders Disciplinary Commission decided to impose a fine and a 4 year period of ineligibility on the Athlete after he tested positive for S1 and S4 class prohibited substances.
Hereafter in December 2018 the Athlete appealed the Decision with the NADO Flanderes Disciplinary Council.
The Athlete asserted that at the time of the Doping Control in the fitness center he was working there as an employee. Since he was not practicing sport as an Athlete he therefore was not subjected to the Anti-Doping Rules.
He argued that because of injuries he already had ceased sport and the use of the substances was unintentional, related to his work but unrelated to sport. He disputed the sample collectie procedures, the filed evidence and the inquiries of NADO Flanders. He argued that the retrieval by NADO Flanders of his records with his employer was a violation of his privacy.
NADO Flanderes contended that the sample collection procedure was valid and that the Athlete had mentioned on the Doping Control Form that he was training in the fitness center before he signed it. The Doping Control Officer (DCO) testified and confirmed that the Athlete was practising sport at the time of the Notification. His behaviour was considered suspicious and he never mentioned to the DCO that he was working there as an employee before he submitted to sample collection.
The Disciplinary Council deems that the sample collection was valid and the presence of the prohibited substances had been established in his sample. Considering the evidence in this case the Council finds that the Athlete indeed was practising sport when notified by the DCO and he also confirmed this on the Doping Control From.
The Athlete only later in his submissions claimed that he was working in the fitness center as an employee. He had admitted the use of the substances and several sources confirmed that the Athlete was still active in sport as a bodybuilder.
Therefore the NADO Flanders Discplinary Council dismisses the Athlete's appeal and decides on 1 February 2019 to uphold the decision of the Disciplinary Commission of 1 February 2019.
Fees and expenses for this Council shall be borne partially by the Athlete.
