Facts
Melle van Gemerden (player) was reported for a violation of the Anti-Doping Rules. During an in competition ATP sanctioned challenger tournament in Phoenix his doping test showed the presence of a cannabis metabolite. His B sample analysis confirmed the existence of the prohibited substance. The player applied for a hearing which took place on April 28, 2005.
History
The player stated that a visit in an Amsterdam disco in a period he was having serious personal (family) problems. He drank to much and took two zips of somebody else's joint. Marijuana is not illegal in the Netherlands. He regrets the embarrassment of this incident brought upon the ATP and has no intention to repeat his misconduct.
Consideration ATP
There is no evidence of the statement of the player how the prohibited substance entered his body, also there is no evidence that he was not intending to improve is sport performance.
Considerations panel
A doping offense has occurred which means disqualification of the results. The panel finds that the use of cannabis was not intended to enhance performances. In an earlier case 2 months of ineligibility was suitable, considering the voluntary suspension this should be the starting point of the period of ineligibility till the day of the decision.
Decision
The Tribunal makes the following orders.
1.
The Player, under Rule K. 1. c., admitted a First Doping Offense
thereby establishing that a Doping Offense occurred as defined in Rule C 1. The Doping Offense involved the use of the Specified Substance cannabinoids, referred to in S. 3 of Appendix Three “the 2004 Prohibited List”.
2. Rule L. 1. disqualifies the results obtained at the tournament in Pheonix, Mauritius on 2 December 2004. Any medals, titles, computer ranking points and prize money (without reduction for tax) obtained at the Competition are forfeited. The commencement of the foregoing Consequences is to be effective in accordance with Rule M. 8.
3. Under Rule M. 3. the period of Ineligibility otherwise applicable is
determined to be the period of voluntarily foregoing participation in
Competitions. In accordance with Rule M. 8. c. (i) this
Ineligibility shall terminate on the day May 16, 2005.
