ISR 2020 KNVB Decision Disciplinary Committee 2020003 T

In May 2020 the Royal Netherlands Football Association (KNVB) has reported an anti-doping rule violation against the Person after his sample tested positive for the prohibited substance Cocaine. After notification a provisional suspension was ordered and the Athlete filed a statement in his defence. The case was settled by the ISR KNVB Disciplinary Committee based on the written submissions of the Parties.

The Person admitted the violation and asserted that the Cocaine was used out-of-competition in a context unrelated to sport performance. He expressed his regret and requested for a reduced sanction. He stated that prior to the competition on 25 January 2020 he had used Cocaine 3 times and that the last time he had used was around 2:15 hours in the morning of the competition.

The Doping Authority Netherlands contended that the Person failed to establish that the use of Cocaine was out-of-competition and unrelated to sport performance. He provided 4 different explanations about his use of Cocaine and none of these were consistent with the found concentrations of both Benzoylecgonine and Cocaine in his sample.

The Doping Authority considered it more likely that the Person had used Cocaine at midnight of 24 and 25 January 2020 and again around noon of 25 January before the start of the competition at 14:30 hours.

The Disciplinary Committee established that the Athlete had admitted the violation and had provided different testimonies about his use of the prohibited substance. The Committee deems that the scenario presented by the Doping Authority is the most likely explanation for the Person's use of Cocaine contrary to the Person's scenario.

Consequently the Committee concludes that the Person failed to demonstrate that the violation was not intentional nor that it occurred out-of-competition unrelated to sport performance.

Therefore the ISR KNVB Disciplinary Committee decides on 12 November 2020 to impose a 4 year period of ineligibility on the Person starting on the date of the provisional suspension.

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

Original document

Parameters

Legal Source
National Decisions
Date
12 November 2020
Arbitrator
Baarveld, F.
Koolaard, D.M.
Messer, E.A.
Original Source
Doping Authority Netherlands
Country
Netherlands
Language
Dutch
ADRV
Adverse Analytical Finding / presence
Legal Terms
Admission
Intent
Sport/IFs
Football (FIFA) - International Football Federation
Other organisations
Dopingautoriteit - Doping Authority Netherlands
Instituut Sportrechtspraak (ISR) - Dutch Institute of Arbitration in Sports
KNVB - Koninklijke Nederlandse Voetbalbond
Laboratories
Cologne, Germany: Institute of Biochemistry - German Sport University Cologne
Doping classes
S6. Stimulants
Substances
Cocaine
Various
Out-of-competition use / Substances of Abuse
Document type
Pdf file
Date generated
3 March 2021
Date of last modification
15 March 2021
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