NADO Flanders 2018 Disciplinary Council 20186760 - Appeal

Related case:

NADO Flanders 2018 Disciplinary Commission 20186760
October 2, 2018

On 2 October 2018 the NADO Flanders Disciplinary Commission decided to impose a fine and a 4 year period of ineligibility on the golf player for his evasion of sample collection.

In First Instance the Discplinary Commission considered the Athlete’s explanations and concluded that there was no alleged language problem regarding the Notification, nor a valid compelling justification that prevented the Athlete to provide a sample. 

Hereafter in October 2018 the Athlete appealed the Decision with the NADO Flanders Disciplinary Council.

In this case the Doping Control Officers (DCOs) had reported that the Athlete was duly notified and that he had signed the Notification Form. Hereafter the Athlete failed to attend the Doping Control for sample collection because he had left the competition nor did he respond the telephone calls. Afterwards the Athlete contacted the DCO but it appeared that he already went back home and it was too late to provide a sample. 

The Athlete acknowledged that after the Notification and signing the Notification Form he had failed to read it properly while he was notified in the French language.

The Disciplinary Councel accepts that the Notification in the French language happened summarily and that the Athlete was unaware he had to attend himself the Doping Control Station later that afternoon. 

The Council concludes that the Athlete acted with significant fault or negligence and finds that there are grounds for a reduced sanction.                                            

Therefore the NADO Flanders Disciplinary Council decides on 18 January 2019 to impose a fine and a reduced 2 year period of ineligibility on the Athlete starting on 2 October 2018.

Fees and expenses for this Council shall be borne partially by the Athlete.

Original document

Parameters

Legal Source
National Decisions
Date
18 January 2019
Arbitrator
De Croock, Guido
Minnaert, Martin
Renson, Luc
Original Source
NADO Vlaanderen - National Anti-Doping Organisation Flanders (NADO Flanders)
Country
Belgium
Language
Dutch
ADRV
Evasion
Legal Terms
Burdens and standards of proof
Circumstantial evidence
Fine
Negligence
No intention to cheat
Notification / identification
Period of ineligibility
Sport/IFs
Golf (IGF) - International Golf Federation
Other organisations
NADO Vlaanderen - National Anti-Doping Organisation Flanders (NADO Flanders)
Various
Amateur / club / recreational sport
Doping control
Language
Document type
Pdf file
Date generated
13 October 2020
Date of last modification
9 December 2020
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