In September 2016 NADO Flanders has reported an anti-doping rule violation against the French cyclist for his Evasion and/or Refusal or Failure to submit to sample collection.
Consequenty in absentia of the Athlete the NADO Flanders Disciplinary Commission decided on 6 December 2016 to impose a fine and a 4 year period of ineligibility on the Athlete.
Hereafter in December 2016 the Athlete erroneously appealed the Decision with the NADO Flanders Disciplinary Council. The case was reopened and the Athlete was heard after the case was referred to the NADO Flanders Disciplinary Commission.
The Doping Control Officer (DCO) at the cycling competition in question reported that the Athlete was Notified but unable to produce a sample immediately. When requested to reappear later he failed to submit to sample collection. The DCO contacted the Athlete by telephone but again he failed to appear. After the competition the Athlete called the DCO and stated that he would not submit to sample collection.
The Athlete explained that at that time he was too much dehydrated to produce a sample and could not return to the competition because he lived in France and had to work the next day. He argued he had the intention to cooperate and asserted that under the French Rules he was allowed to submit to sample collection within 24 hours.
The Disciplinary Commission dismissed the Athlete's assertions and finds that at any time the Athlete had failed to provide an explanation to the DCO while he intentionally refused to return to the competition. Further the Athlete failed to demonstrate that under the French ADR there were provisions to submit to sample collection afterwards within 24 hours.
Therefore the NADO Flanders Disciplinary Commission decides on 7 March 2017 to impose a fine and a 4 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 20 September 2016.
Fees and expenses for this Commission shall be borne partially by the Athlete.
