NIF 2017-6 Disciplinary Decision - Kickboxing

In March 2017 Anti-Doping Norway (ADNO) reported an anti-doping rule violation against the foreign kickboxer after his A and B samples tested positive for the prohibited substance Meldonium.

After notification a provisional suspension was ordered and the Athlete filed a statement in his defence. Without a hearing the NIF Judging Committee settled the case based on the written submissions of the parties. 

The Athlete denied the intentional use of the substance and requested for a reduced sanction. He asserted that he was only an amateur Athlete and that he had not received anti-doping education, nor support in this matter from the Norwegian Kickboxing Federation.

Initially the he didn’t know how the Meldonium had entered his system. Later he explained that his foreign ex-girlfriend had provided him Mildronate (Meldonium) tablets in January 2017 as treatment for his fever, headache and cold whereas he believed it was a painkiller. 

ADNO did not accept the Athlete’s explanation and contended that the Athlete failed to establish that the violation was not intentional nor how it entered his system. ADNO established that the Athlete’s Mildronate was produced in October 2016, thus after the Athlete allegedly had used the tablets in January 2016. He didn’t demonstrate the origin of the Mildronate box, neither showed any evidence of purchase of this medication.

Further the Athlete’s girlfriend did not respond to the communications of ADNO and prior he had testified that he had used a high number of medications and supplements. He failed to mention his medication on the Doping Control Form nor was there any evidence that he suffered from a medical condition that needed treatment with Meldonium. 

The NIF Judging Committee finds that the presence of a prohibited substance has been established in the Athlete’s samples and accordingly that he committed an anti-doping rule violation. Considering the evidence the Committee rejected the Athlete’s explanation and holds that he failed to demonstrate that the violation was not intentional, neither No Significant Fault or Negligence. 

Therefore the NIF Juding Committee decides on 16 May 2018 to impose a 4 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 13 March 2017.

Original document

Parameters

Legal Source
National Decisions
Date
16 May 2018
Arbitrator
Andresen, Laila
Bornø, Thomas Laurendz
Forsnes, Marit
Original Source
Norwegian Olympic and Paralympic Committee and Confederation of Sports (NIF)
Country
Norway
Language
Norwegian
ADRV
Adverse Analytical Finding / presence
Legal Terms
Burdens and standards of proof
Circumstantial evidence
Waiver of "right to be heard"
Sport/IFs
Kickboxing (WAKO) - World Association of Kickboxing Organizations
Other organisations
Antidoping Norge (ADNO) - Anti-Doping Norway
Laboratories
Oslo, Norway: Norwegian Doping Control Laboratory
Analytical aspects
B sample analysis
Doping classes
S4. Hormone And Metabolic Modulators
Substances
Meldonium
Document type
Pdf file
Date generated
18 October 2021
Date of last modification
3 November 2021
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