Related case:
ISR 2019 KNAU Decision Disciplinary Committee 2019011 T
May 31, 2021
In December 2019 the Royal Dutch Athletics Association (KNAU) had reported an anti-doping rule violation against the Person after her A and B samples tested positive for the prohibited substance Modafinil, which was used without a TUE and without a medical prescription.
The Person admitted the violation and explained that she suffered from Narcolepsy using Modafinil as medical treatment. Medical examination diagnosed that she in fact suffered from ADHD while her Narcolepsy was misdiagnosed. With a valid prescription for Modafinil from her doctor she applied in November 2020 for a retroactive TUE backdated to sample collection.
On 30 November 2020 the TUE Commission granted the Person a TUE for the use of Modafinil starting on 12 November 2020 without retroactive effect. Hereafter in February 2021 the Athlete appealed the decision of the TUE Commission with the Appeal Committee National Doping Regulations (BND).
The BND established that the Athlete indeed was diagnosed with ADHD in 2020 and that she was not included in any Testing Pool. Further the BND assessed the performance improvement effect of the substance and it considered that alternative medications are also included as prohibited on the WADA Prohibited List.
Therefore on 8 April 2021 the BND decides to approve the Athlete's request for a retroactive TUE starting backdated on the date of the sample collection.
