Related case:
BND 2021 Dopingautoriteit Decision Appeal Commmittee National Doping Regulations 2019011 AB
April 8, 2021
In December 2019 the Royal Dutch Athletics Association (KNAU) has reported an anti-doping rule violation against the Person after her A and B samples tested positive for the prohibited substance Modafinil, without a valid TUE and without a medical prescription.
After notification in October 2019 a provisional suspension was ordered. The Person filed a statement in her defence and she was heard for the ISR KNAU Disciplinary Committee.
The Dopingautoriteit contended that the Person had used the substance without a valid TUE and accordingly had committed an anti-doping rule violation. It accepted that the violation was not intentional and that she bears No Significant Fault or Negligence.
The Person admitted the violation and accepted the test results. She explained that she suffered from Narcolepsy using Modafinil as self-treatment. She acknowledged that in 2019 she became aware that the use of the substance in-competition was prohibited. For that reason she stopped using her medication 4 days before the competition in question.
Meanwhile medical examination had diagnosed that the Person 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. On 30 November 2020 the TUE Commission granted the Person a TUE for the use of Modafinil starting on 12 November 2020, yet without retroactive effect.
Hereafter in February 2021 the Person appealed the decision of the TUE Commission with the Appeal Committee National Doping Regulations (BND) which decided on 8 April 2021 to approve the Person's request for a retroactive TUE, starting backdated on the date of the sample collection.
The Dopingautoriteit requested the ISR KNAU Disciplinary Committee in April 2021 to suspend the proceedings pending approval from WADA regarding the Person's retroactive TUE. Further in May 2021 the Dopingautoriteit contended that the Person had received a retroactive TUE for her ADHD despite she had committed an anti-doping rule violation for using the prohibited substance Modafinil as self-treatment for her Narcolepsy.
The Disciplinary Committee finds that there were insufficient grounds to suspend the proceedings pending a response from WADA regarding the retroactive TUE. Further it deems that the Athlete's use of the prohibited substance based on her misdiagnosis for Narcolepsy does not effect the BND's Final Ruling for granting a retroactive TUE for the use of Modafinil.
Therefore the ISR KNAU Disciplinary Committee concludes that under the Rules the charges against the Person are unsubstantiated and decides on 31 May 2021 to acquit the Person.
Fees and expenses for this committee shall be borne by the KNAU and the Person.
