Related case:
NADO Flanders 2018 Disciplinary Commission 20186668
June 25, 2019
On 25 June 2019 the NADO Flanders Disciplinary Commission decided to impose a fine and a 4 year period of ineligibility on the Bulgarian Athlete after her sample tested positive for the prohibited substances Dehydrochlormethyltestosterone and Meldonium.
In First Instance the Disciplinary Commission deemed that the Athlete failed to demonstrate that the violation was not intentional nor did she produce any evidence that showed that the supplement she had usued was contaminated.
Hereafter in July 2019 the Bulgarian Athlete appealed the Decision of 25 June 2019 with the NADO Flanders Disciplinary Council.
The Disciplinary Council considers the evidence in this case and finds that the Athlete had committed an anti-doping rule violation. Analysis of the supplement, the Athlete allegedly had used, in the Ghent Lab showed the presence of the prohibited substances.
However the Council holds that due to the Athlete's failure to mention this supplement on the Doping Control Form there is no evidence that she indeed had used this supplement prior to the sample collection. Neither is there evidence that prior she had purchased this supplement.
Research on the internet conducted by NADO Flanders revealed no information about the supplement and the lack of information on the label of this product prevented any attempt to check its ingredients for prohibited substances.
As a result the Council concludes that the Athlete only had produced unsubstantiated assertions and clearly had acted recklessly and with Significant Fault or Negligence regarding the use of her supplements.
Therefore the NADO Flanders Disciplinary Council decides on 13 september to dismiss the Athlete's appeal and to uphold the Decision of the Disciplinary Commission.
Fees and expenses for this Council shall be borne partially by the Athlete.
