Related case:
ISR 2019 KNWU Decision Disciplinary Committee 2019010 T
January 11, 2021
In September 2019 the Royal Dutch Cycling Federation (KNWU) has reported an anti-doping rule violation against the Person after his sample tested positive for the prohibited substance Salbutamol in a concentration above the WADA threshold (1900 ng/ml).
In First Instance the ISR KNWU Disciplinary Committee rejected the Athlete's scientific expert report and considered that the Person had confirmed that as treatment for his Asthma he had used 1200 ng/ml within 10 hours. The Person also had refrained from a controlled pharmacokinetic study in order to demonstrate that the found concentration in his sample was the result of his therapeutic use of Salbutamol, the tropical weather conditions and dehydration.
Consequently the Committee deemed that the Person had committed an anti-doping rule violation without grounds for a reduced sanction. Therefore the ISR KNWU Disciplinary Committee decided on 11 January 2021 to impose a 4 year period of ineligibility starting on the date of the decision.
Hereafter in January 2021 the Person appealed the KNWU Decision with the ISR KNWU Appeal Committee.
During the proceedings the Parties reached a settlement for an Acceptance of Sanction in May 2021 and they requested the ISR KNWU Appeal Committee to render a Decision without a hearing based on this Settlement Agreement.
In the Settlement Agreement the Person:
- accepts that he had committed an anti-doping rule violation;
- accepts the disqualification of his results; and
- accepts the proposed period of ineligibility.
Therefore the ISR KNWU Appeal Committee decides on 21 June 2021, in accordance with the Settlement Agreement:
- to annul the Decision of 11 January 2021 rendered by the ISR KNWU Disciplinary Commission;
- to impose a 2 year period of ineligibility on the Person, staring on the date of the provisional suspension, i.e. on 1 September 2019; and
- to disqualify the results obtained by the Person.
Fees and expenses for this Appeal Committee shall be borne partially by the Person.
