Facts
The Dutch Taekwondo Union (Taekwondo Bond Nederland, TBN) reports a violation of the Anti-Doping code(ADC). An out of competition doping test revealed the prohibited substance carboxy-finasteride.
History
The athlete was a member of the TBN and took part of the registered testing pool. After several efforts the defendant was found to administer a doping test in his residence. The test was done without the presence of an attendant and the defendant signed the doping consent form without mentioning any medication. No request for examining the B-sample has been made. No request for dispensation has been filed. In a written statement the defendant claims the use, on prescription, of the medicine propecia for baldness. Probably this medicine contains the prohibited substance. Defendant wasn't aware that his prescription contained the prohibited substance, for this he claims no fault or negligence. Every athlete is responsible for his body for not taking any prohibited substances.
Submissions
Defendant appeals for a reduction of the sentence.
Before the doping test he used medicine against baldness, for this he has a medical statement from his physician. His physician was aware he was an elite athlete but didn't warn him about prohibited substances.
The instruction leaflet of the medicine doesn't mention the prohibited substance.
However the prohibited substance doesn't enhance sport performance but belongs to the category masking agents. Also the defendant has a clean history regarding dope use, which indicates he doesn't want to enhance his sport performance.
The disciplinary committee findings are that the published doping list on the website of the TBN didn't correspond with the WADA doping list, the prohibited substance was not mentioned by the TBN website. This implicates a reduction of the sanction because of no significant fault or negligence.
The reduction of the sanction can not be lesser then half of the period of ineligibility for a first offense which means only one year. Although one year is still a severe punishment it lies within the rules.
Decision
The decision is a one year period of ineligibility commencing on the day of the verdict, reduced with the period of voluntary suspension.
An appeal can be made within 14 days.
