NADO Flanders 2020 Disciplinary Commission 20207976

In February 2020 NADO Flanders has reported an anti-doping rule violation against the former professional cyclist after his A and B samples  tested positive for the prohibited substance Recombinant Erythropoietin (rhEPO).

After notification a provisional suspension was ordered. The Athlete filed a statement in his defence and he was heard for the NADO Flanders Disciplinary Commission.

The Athlete accepted the test results, denied the violation and  disputed the delays in the proceedings. Supported by two expert witnesses he challenged the reliability of the test results. Further he asserted that his chronic alcohol consumption had induced glycosylation of his endogenous EPO and caused the positive test results. In this matter he referred to events and incidents that confirmed his alcohol abuse.

The Commission finds that the presence of the prohibited substance has been established in the Athlete's sample and accordingly that he had committed an anti-doping rule violation.

In view of the evidence in this case the Commission deems that NADO Flanders and their antidoping scientific advisior sufficiently had refuted the Athlete's scientific assertions. Further the Commission concludes that the Athlete failed to demonstrate that he suffered from chronical alcohol consumption, nor that he had high levels of alcohol in his system at the relevant time. Neither had been demonstrated the alcohol induced glycosylation, nor that this had effected the positive EPO test results.

Finally the Commission holds that the delays in the proceedings were attributed to the COVID-19 crisis and the Athlete's preparations of his defence.

Therefore the NADO Flanders Disciplinary Commission decides on 9 November 2021 to impose a fine and a 4 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. 13 February 2020.

Fees and expenses for this Commission shall be borne partially by the Athlete.

Original document

Parameters

Legal Source
National Decisions
Date
9 November 2021
Arbitrator
Ghoos, Johan
Meganck, Bart
Van den Berghe, Jan
Original Source
NADO Vlaanderen - National Anti-Doping Organisation Flanders (NADO Flanders)
Country
Belgium
Language
Dutch
ADRV
Adverse Analytical Finding / presence
Sport/IFs
Cycling (UCI) - International Cycling Union
Other organisations
NADO Vlaanderen - National Anti-Doping Organisation Flanders (NADO Flanders)
Laboratories
Ghent, Belgium: DoCoLab Universiteit Gent-UGent
Oslo, Norway: Norwegian Doping Control Laboratory
Analytical aspects
B sample analysis
Reliability of the testing method / testing result
Doping classes
S2. Peptide Hormones, Growth Factors
Substances
Erythropoietin (EPO)
Various
Amateur / club / recreational sport
Document type
Pdf file
Date generated
15 March 2022
Date of last modification
27 July 2023
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