ISR 2008 NEBAS Decision Disciplinary Committee 2008067 T

Facts
The Netherlands Federation for Adapted Sports (Vereniging Gehandicaptensport Nederland, NEBAS) reports a violation of the Anti-doping Code (ADC). Defendant refused a doping test which is a violation of section 5, paragraph 1a, of the ADC.
Defendant has a written defence and attended the oral hearing on April 20, 2009.

History
Defendant claims she quited her sport, due to obligations it was not possible to undergo a doping test. She had to attend a christmas celebration on her work she had organized, and for that reason she choose to refuse the test.

However the defendant was on the registered testing pool, quitting the sport doesn't implicate the defendant can't be tested anymore.
Defendant claims not to have received any information about still being in the registered testing pool, she was willing to attend a doping test. The disciplinary committee regards this as no significant fault or negligence.

Decision
The decision is that the defendant did violate the ADC due to exceptional circumstances the period of ineligibility will be shortened to one year only, commencing on the date of the desicion.

Costs
Costs will be borne by the defendant.

Original document

Parameters

Legal Source
National Decisions
Date
20 April 2009
Arbitrator
Crompvoets, L.J.A.
Fierstra, M.A.
Van Sluis, S.J.
Original Source
Doping Authority Netherlands
Country
Netherlands
Language
Dutch
ADRV
Refusal or failure to submit to sample collection
Legal Terms
Exceptional circumstances
No Significant Fault or Negligence
Sport/IFs
Paralympic (IPC) - International Paralympic Committee
Swimming (FINA) - World Aquatics
Other organisations
Dopingautoriteit - Anti-Doping Authority Netherlands (ADAN)
GN - Gehandicaptensport Nederland
Instituut Sportrechtspraak (ISR) - Dutch Institute of Arbitration in Sports
Document type
Pdf file
Date generated
12 June 2013
Date of last modification
20 March 2018
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