The Royal Netherlands Yachting Union (Koninklijk Nederlands Watersport Verbond, KNWV) reported a violation of the Doping rules of the ISR for the refusal to attend a doping control after he was requested by a DCO.
written statement defendant:
In the period of May 2005 the defendant tried to get approved with a status and support by the KNWV in which he failed due to bad results. Another crewmember was approved. Defended assumed it was a closed case.
Defendant never received a copy of the Anti-Doping Code or was aware of it.
Defendant received a request to attend a doping test, due to his work he couldn't attend. He informed the DCO that he was making money and didn't receive a contribution of the KNWV and he stopped sailing, all this is a confusion.
The conversation was getting unpleasant and the defendant said he would be in contact with the KNWV.
By e-mail he explained the situation to the KNWV and explained if there were any consequences he would attend the doping test.
The KNWV told they would inform him about the consequences.
In April 2006 a DCO announced a doping test and the defendant went along with it, the results were never mentioned to him.
written statement KNWV
None
Oral reaction KNWV
The Anti-Doping Code is published on their website.
By an annual meeting in February the members are informed about the Anti-Doping Code.
Members with a C-status don't receive a hardcopy of the Anti-Doping Code.
The team mentioned received a contribution in 2005.
It is likely that the defendant didn't attend the annual meeting in February.
The defendant never confirmed that he signed off from the team.
In a letter on April 4, 2006, the case was mentioned to the board of the KNWV, but there were no member of the disciplinary committee.
Facts
The defendant was in 2005 a member of the KNWV and practicing the sport.
He was a crewmember in 2005 in the Tornado Class.
A declaration was filed for costs related to matches.
In a letter dated June 8, 2005, the Anti-Doping Code was mentioned.
In September 2005 the KNWV agreed to put defendant out of the team.
In November 2005 the defendant was put on a list for out of competition doping control
The status of the defendant on that list was "selected member".
Defendant refused a doping test, but complied for another test.
KNWV sends the papers related to the refusal to the Disciplinary Committee of the KNWV and several oral hearing are arranged.
Defendant fails to attend the oral hearings.
The cases is now transferred to the Disciplinary Committee.
The defendant will not attend a oral hearing.
The applicable rules are the Anti-Doping Code for the KNWV of 2004.
Concerning section 5.2 refusal to cooperate with a doping test, section 20 information, section 22.2 selection of a listed target group for doping control, section 22.3 selection of doping control for athletes out of the listed target group, section 33 appealing for a violation of the Anti-Doping Code, section 39 no (significant) fault or negligence.
Considerations
The Anti-Doping Code applies for all members of associations joining the KNWV.
The KNWV has not informed defendant the full application of section 20 of the Code.
The KNWV agreed that defendant was ruled out as a crewmember.
The defendant should not have been on the designated list of November 2005 for doping tests for out of competition.
The defendant should not have been on the designated list for doping test in November 2005.
Conclusions
It is obvious that the defendant didn't consider to be selected for a out of competition doping test. The Anti-Doping Code has no clause for athletes who can't be blamed for refusing to cooperate.
The defendant will be free of charge.
Decision
The defendant is free of charge for violating the Anti-Doping Code.
