ISR 2019 KNCB Decision Appeal Committee 2019009 B

Related case:

ISR 2019 KNCB Decision Disciplinary Committee 2019009 T
March 20, 2020

On 20 March 2020 the ISR-KNCB Disciplinary Committee decided to impose a 2 year period of ineligibility on the Person after he tested positive for the prohibited substance Cannabis. Here the Committee deemed that the violation was not intentional but found that the Person failed to respond and consequently refrained to explain how the substance entered his system.

Hereafter in April 2020 the Person appealed the decision of 20 March 2020 with the ISR-KNCB Appeal Committee.

The Person admitted the violation and expressed his remorse. He argued that his recreational use of Cannabis was an incident and does not enhance his performances. He disputed the jurisdiction of the ISR and claimed that the charges against him were not filed within the stipulated time limit. He asserted that in first instance he had not a fair trial because he had not received the KNCB notification of the violation and thereby he was unable to file a statement in his defence. He acknowledged that he had received the communications from the Dopingautoriteit.

The Appeal Committee establish that at the Person's residence there was signed postal confirmation that the Notification of the violation had been received. Official documents demonstrated that the ISR has jurisdiction to handle the KNCB anti-doping proceedings and the KNCB had timely filed the charges against the Person with the ISR.

The Appeal Committee considers the Person's conduct and his degree of fault regarding his recreational use of the substance and finds that there are grounds to reduce the imposed sanction.

Therefore the ISR-KNCB Appeal Committee decides on 17 September 2020 to impose a 1 year period of ineligibility on the Person starting on the date of the first instance decision, i.e. on 20 March 2020.

Fees and expenses for this committee shall be borne by the Person.

Original document

Parameters

Legal Source
National Decisions
Date
17 September 2020
Arbitrator
Dijk, Michiel van
Maessen, M.J.
Vermeulen, P.P.H.J.M.
Original Source
Dopingautoriteit - Doping Authority Netherlands
Country
Netherlands
Language
Dutch
ADRV
Adverse Analytical Finding / presence
Legal Terms
ADRV Notice
Fair trial / procedural fairness
Jurisdiction
No intention to enhance performance
Notification
Period of ineligibility
Substantial delay / lapsed time limit
Sport/IFs
Cricket (ICC) - International Cricket Council
Other organisations
Dopingautoriteit - Doping Authority Netherlands
Instituut Sportrechtspraak (ISR) - Dutch Institute of Arbitration in Sports
KNCB - Koninklijke Nederlandse Cricket Bond
Doping classes
S8. Cannabinoids
Substances
Cannabis (THC)
Various
Out-of-competition use
Document type
Pdf file
Date generated
13 October 2020
Date of last modification
14 October 2020
Category
  • Legal Source
  • Education
  • Science
  • Statistics
  • History
Country & language
  • Country
  • Language
Other filters
  • ADRV
  • Legal Terms
  • Sport/IFs
  • Other organisations
  • Laboratories
  • Analytical aspects
  • Doping classes
  • Substances
  • Medical terms
  • Various
  • Version
  • Document category
  • Document type
Publication period
Origin