Related cases:

- Dutch District Court 2009 Athlete 2009005 vs KNSB and Dopingautoriteit
June 9, 2009
- Dutch District Court 2010 Athlete 2009005 vs KNSB
September 30, 2009
- KNSB 2009 KNSB Preliminary Decision Disciplinary Committee 2009005 TU2
October 15, 2009
- KNSB 2009 KNSB Preliminary Decision Disciplinary Committee 2009005 TU3
December 2, 2009
- KNSB 2010 KNSB Decision Disciplinary Committee 2009005 T
March 12, 2010
- KNSB 2010 KNSB Preliminary Decision Appeal Committee 2009005 TU4
July 6, 2010
- KNSB 2010 KNSB Decision Appeal Committee 2009005 B
November 26, 2010
- CAS 2010/A/2311 Stichting Anti-Doping Autoriteit Nederland (NADO) & the Koninklijke Nederlandsche Schaatsenrijders Bond (KNSB) vs W.
August 22, 2011

In February 2009 the Royal Netherlands Skating Association (KNSB) has reported an anti-doping rule violation against the minor Athlete after his A and B samples tested positive for the prohibited substance norandrosterone (Nandrolone). After notification a provisional suspension was ordered by the KNSB.

In this 1# preliminary case proceeding the Athlete disputed the validity of the sample collection and the validity of the test results.
Therefore the KNSB Disciplinary Committee decides on 8 September 2009 to appoint an independent expert and orders the Dopingautoriteit to provide additional information about the laboratory procedures and protocols.

Full Case History:

Between 2009 and 2011 a number of proceedings and appeals followed in the dispute between the Athlete, the KNSB and Dopingautoriteit about the anti-doping violation and the Athlete seeking annulment of the disciplinary proceedings and sanctions.

- On 9 June 2009 the Dutch District Court dismissed the Athlete’s objections about the validity of the sample collection and violation of his rights.
- On 8 September 2009 the KNSB ruled in the 1# Preliminary Decision about the validity of the sample collection and the validity of the test results for which a independent expert is appointed and the Dopingautoreit is ordered to provide additional information about the laboratory procedures and protocols.
- On 30 September 2009 the Dutch District Court dismissed the Athlete’s request to lift the provisional suspension.
- On 15 October 2010 the KNSB Disciplinary Committee ruled in the 2# Preliminary Decision about the possibility for lifting the provisional suspension for which a new hearing is ordered.
- On 2 December 2009 the KNSB Disciplinary Committee ruled in the 3# Preliminary Decision that the imposed provisional suspension will expire in February 2010 when the KNSB has not rendered a final decision against the Athlete.
- On 12 March 2010 the KNSB Disciplinary Committee dismissed the Athlete’s arguments about the validity of the test results and decided to impose a 1 year period of ineligibility on the Athlete and 1 year probationary period until November 2011.
- On 6 July 2010 the KNSB Appeal Committee ruled in the 4# Preliminary Decision that under the Rules the costs for an expert investigation shall be borne by the KNSB.
- On 26 November 2010 the KNSB Appeal Committee decides to annul the KNSB Disciplinary Committee decision of 12 March 2010 because of the KNSB’s refusal to provide additional documentation to verify the validity of the laboratory testing method as violation of the Athlete’s right of defence.

Hereafter the Dopingautoriteit and the KNSB appealed the decision the KNSB Appeal Committee of 26 November 2010 with the Court of Arbitration for Sport (CAS).

The CAS Panel concludes that the Athlete’s samples tested positive for the prohibited substance norandrosterone (Nandrolone) and that no departure from the ISL occurred in this case. Therefore the CAS Panel upholds the decision of the 12 March 2010 of the KNSB Disciplinary Committee and decides to set aside the decision of the KNSB Appeal Committee of 26 November 2010.

Related cases:

- Dutch District Court 2009 Athlete 2009005 vs KNSB and Dopingautoriteit
June 9, 2009
- KNSB 2009 KNSB Preliminary Decision Disciplinary Committee 2009005 TU1
September 8, 2009
- Dutch District Court 2010 Athlete 2009005 vs KNSB
September 30, 2009
- KNSB 2009 KNSB Preliminary Decision Disciplinary Committee 2009005 TU3
December 2, 2009
- KNSB 2010 KNSB Decision Disciplinary Committee 2009005 T
March 12, 2010
- KNSB 2010 KNSB Preliminary Decision Appeal Committee 2009005 TU4
July 6, 2010
- KNSB 2010 KNSB Decision Appeal Committee 2009005 B
November 26, 2010
- CAS 2010/A/2311 Stichting Anti-Doping Autoriteit Nederland (NADO) & the Koninklijke Nederlandsche Schaatsenrijders Bond (KNSB) vs W.
August 22, 2011

In February 2009 the Royal Netherlands Skating Association (KNSB) has reported an anti-doping rule violation against the minor Athlete after his A and B samples tested positive for the prohibited substance norandrosterone (Nandrolone). After notification a provisional suspension was ordered by the KNSB.

In this 2# preliminary case proceeding the Athlete argued that under the Rules there are grounds to lift the provisional suspension.
Therefore on 15 October 2009 the KNSB Disciplinary Committee decides that additional information is necessary to rule about this matter and ordered a new preliminary hearing.

Full Case History:

Between 2009 and 2011 a number of proceedings and appeals followed in the dispute between the Athlete, the KNSB and Dopingautoriteit about the anti-doping violation and the Athlete seeking annulment of the disciplinary proceedings and sanctions.

- On 9 June 2009 the Dutch District Court dismissed the Athlete’s objections about the validity of the sample collection and violation of his rights.
- On 8 September 2009 the KNSB ruled in the 1# Preliminary Decision about the validity of the sample collection and the validity of the test results for which a independent expert is appointed and the Dopingautoreit is ordered to provide additional information about the laboratory procedures and protocols.
- On 30 September 2009 the Dutch District Court dismissed the Athlete’s request to lift the provisional suspension.
- On 15 October 2010 the KNSB Disciplinary Committee ruled in the 2# Preliminary Decision about the possibility for lifting the provisional suspension for which a new hearing is ordered.
- On 2 December 2009 the KNSB Disciplinary Committee ruled in the 3# Preliminary Decision that the imposed provisional suspension will expire in February 2010 when the KNSB has not rendered a final decision against the Athlete.
- On 12 March 2010 the KNSB Disciplinary Committee dismissed the Athlete’s arguments about the validity of the test results and decided to impose a 1 year period of ineligibility on the Athlete and 1 year probationary period until November 2011.
- On 6 July 2010 the KNSB Appeal Committee ruled in the 4# Preliminary Decision that under the Rules the costs for an expert investigation shall be borne by the KNSB.
- On 26 November 2010 the KNSB Appeal Committee decides to annul the KNSB Disciplinary Committee decision of 12 March 2010 because of the KNSB’s refusal to provide additional documentation to verify the validity of the laboratory testing method as violation of the Athlete’s right of defence.

Hereafter the Dopingautoriteit and the KNSB appealed the decision the KNSB Appeal Committee of 26 November 2010 with the Court of Arbitration for Sport (CAS).

The CAS Panel concludes that the Athlete’s samples tested positive for the prohibited substance norandrosterone (Nandrolone) and that no departure from the ISL occurred in this case. Therefore the CAS Panel upholds the decision of the 12 March 2010 of the KNSB Disciplinary Committee and decides to set aside the decision of the KNSB Appeal Committee of 26 November 2010.

Related cases:

- Dutch District Court 2009 Athlete 2009005 vs KNSB and Dopingautoriteit
June 9, 2009
- KNSB 2009 KNSB Preliminary Decision Disciplinary Committee 2009005 TU1
September 8, 2009
- Dutch District Court 2010 Athlete 2009005 vs KNSB
September 30, 2009
- KNSB 2009 KNSB Preliminary Decision Disciplinary Committee 2009005 TU2
October 15, 2009
- KNSB 2010 KNSB Decision Disciplinary Committee 2009005 T
March 12, 2010
- KNSB 2010 KNSB Preliminary Decision Appeal Committee 2009005 TU4
July 6, 2010
- KNSB 2010 KNSB Decision Appeal Committee 2009005 B
November 26, 2010
- CAS 2010/A/2311 Stichting Anti-Doping Autoriteit Nederland (NADO) & the Koninklijke Nederlandsche Schaatsenrijders Bond (KNSB) vs W.
August 22, 2011

In February 2009 the Royal Netherlands Skating Association (KNSB) has reported an anti-doping rule violation against the minor Athlete after his A and B samples tested positive for the prohibited substance norandrosterone (Nandrolone). After notification a provisional suspension was ordered by the KNSB.

In this 3# preliminary case proceeding the Athlete argued that his provisional suspension dragged on endlessly due to the advancing proceedings against him.
Therefore on 2 December 2009 the KNSB Disciplinary Committee decides that the Athlete's provisional suspension will expire in February 2010 when the KNSB has not rendered a final decision against the Athlete.

Full Case History:

Between 2009 and 2011 a number of proceedings and appeals followed in the dispute between the Athlete, the KNSB and Dopingautoriteit about the anti-doping violation and the Athlete seeking annulment of the disciplinary proceedings and sanctions.

- On 9 June 2009 the Dutch District Court dismissed the Athlete’s objections about the validity of the sample collection and violation of his rights.
- On 8 September 2009 the KNSB ruled in the 1# Preliminary Decision about the validity of the sample collection and the validity of the test results for which a independent expert is appointed and the Dopingautoreit is ordered to provide additional information about the laboratory procedures and protocols.
- On 30 September 2009 the Dutch District Court dismissed the Athlete’s request to lift the provisional suspension.
- On 15 October 2010 the KNSB Disciplinary Committee ruled in the 2# Preliminary Decision about the possibility for lifting the provisional suspension for which a new hearing is ordered.
- On 2 December 2009 the KNSB Disciplinary Committee ruled in the 3# Preliminary Decision that the imposed provisional suspension will expire in February 2010 when the KNSB has not rendered a final decision against the Athlete.
- On 12 March 2010 the KNSB Disciplinary Committee dismissed the Athlete’s arguments about the validity of the test results and decided to impose a 1 year period of ineligibility on the Athlete and 1 year probationary period until November 2011.
- On 6 July 2010 the KNSB Appeal Committee ruled in the 4# Preliminary Decision that under the Rules the costs for an expert investigation shall be borne by the KNSB.
- On 26 November 2010 the KNSB Appeal Committee decides to annul the KNSB Disciplinary Committee decision of 12 March 2010 because of the KNSB’s refusal to provide additional documentation to verify the validity of the laboratory testing method as violation of the Athlete’s right of defence.

Hereafter the Dopingautoriteit and the KNSB appealed the decision the KNSB Appeal Committee of 26 November 2010 with the Court of Arbitration for Sport (CAS).

The CAS Panel concludes that the Athlete’s samples tested positive for the prohibited substance norandrosterone (Nandrolone) and that no departure from the ISL occurred in this case. Therefore the CAS Panel upholds the decision of the 12 March 2010 of the KNSB Disciplinary Committee and decides to set aside the decision of the KNSB Appeal Committee of 26 November 2010.

Related cases:

- Dutch District Court 2009 Athlete 2009005 vs KNSB and Dopingautoriteit
June 9, 2009
- KNSB 2009 KNSB Preliminary Decision Disciplinary Committee 2009005 TU1
September 8, 2009
- Dutch District Court 2010 Athlete 2009005 vs KNSB
September 30, 2009
- KNSB 2009 KNSB Preliminary Decision Disciplinary Committee 2009005 TU2
October 15, 2009
- KNSB 2009 KNSB Preliminary Decision Disciplinary Committee 2009005 TU3
December 2, 2009
- KNSB 2010 KNSB Decision Disciplinary Committee 2009005 T
March 12, 2010
- KNSB 2010 KNSB Preliminary Decision Appeal Committee 2009005 TU4
July 6, 2010
- CAS 2010/A/2311 Stichting Anti-Doping Autoriteit Nederland (NADO) & the Koninklijke Nederlandsche Schaatsenrijders Bond (KNSB) vs W.
August 22, 2011

In February 2009 the Royal Netherlands Skating Association (KNSB) has reported an anti-doping rule violation against the minor Athlete after his A and B samples tested positive for the prohibited substance norandrosterone. After notification a provisional suspension was ordered by the KNSB.

The KNSB Disciplinary Committee accepted the test results and decides on 12 March 2010 to impose a 1 year period of ineligibility on the Athlete and 1 year probationary period until November 2011.

In this case appeal proceeding the Athlete argued that is right of defence was violated because of the KNSB’s refusal to provide additional documentation to verify the validity of the laboratory testing method. The KNSB Appeal Committee accepted the Athlete's arguments and decided to annul the decision of 12 March 2010 rendered by the KNSB Disciplinary Committee.

The Athlete can direct his legal costs to the KNSB Appeal Committee.

Full Case History:

Between 2009 and 2011 a number of proceedings and appeals followed in the dispute between the Athlete, the KNSB and Dopingautoriteit about the anti-doping violation and the Athlete seeking annulment of the disciplinary proceedings and sanctions.

- On 9 June 2009 the Dutch District Court dismissed the Athlete’s objections about the validity of the sample collection and violation of his rights.
- On 8 September 2009 the KNSB ruled in the 1# Preliminary Decision about the validity of the sample collection and the validity of the test results for which a independent expert is appointed and the Dopingautoreit is ordered to provide additional information about the laboratory procedures and protocols.
- On 30 September 2009 the Dutch District Court dismissed the Athlete’s request to lift the provisional suspension.
- On 15 October 2010 the KNSB Disciplinary Committee ruled in the 2# Preliminary Decision about the possibility for lifting the provisional suspension for which a new hearing is ordered.
- On 2 December 2009 the KNSB Disciplinary Committee ruled in the 3# Preliminary Decision that the imposed provisional suspension will expire in February 2010 when the KNSB has not rendered a final decision against the Athlete.
- On 12 March 2010 the KNSB Disciplinary Committee dismissed the Athlete’s arguments about the validity of the test results and decided to impose a 1 year period of ineligibility on the Athlete and 1 year probationary period until November 2011.
- On 6 July 2010 the KNSB Appeal Committee ruled in the 4# Preliminary Decision that under the Rules the costs for an expert investigation shall be borne by the KNSB.
- On 26 November 2010 the KNSB Appeal Committee decides to annul the KNSB Disciplinary Committee decision of 12 March 2010 because of the KNSB’s refusal to provide additional documentation to verify the validity of the laboratory testing method as violation of the Athlete’s right of defence.

Hereafter the Dopingautoriteit and the KNSB appealed the decision the KNSB Appeal Committee of 26 November 2010 with the Court of Arbitration for Sport (CAS).

The CAS Panel concludes that the Athlete’s samples tested positive for the prohibited substance norandrosterone (Nandrolone) and that no departure from the ISL occurred in this case. Therefore the CAS Panel upholds the decision of the 12 March 2010 of the KNSB Disciplinary Committee and decides to set aside the decision of the KNSB Appeal Committee of 26 November 2010.

Related cases:

- Dutch District Court 2009 Athlete 2009005 vs KNSB and Dopingautoriteit
June 9, 2009
- KNSB 2009 KNSB Preliminary Decision Disciplinary Committee 2009005 TU1
September 8, 2009
- Dutch District Court 2010 Athlete 2009005 vs KNSB
September 30, 2009
- KNSB 2009 KNSB Preliminary Decision Disciplinary Committee 2009005 TU2
October 15, 2009
- KNSB 2009 KNSB Preliminary Decision Disciplinary Committee 2009005 TU3
- KNSB 2010 KNSB Preliminary Decision Appeal Committee 2009005 TU4
July 6, 2010
December 2, 2009
- KNSB 2010 KNSB Decision Appeal Committee 2009005 B
November 26, 2010
- CAS 2010/A/2311 Stichting Anti-Doping Autoriteit Nederland (NADO) & the Koninklijke Nederlandsche Schaatsenrijders Bond (KNSB) vs W.
August 22, 2011

In February 2009 the Royal Netherlands Skating Association (KNSB) has reported an anti-doping rule violation against the minor Athlete after his A and B samples tested positive for the prohibited substance norandrosterone. After notification a provisional suspension was ordered by the KNSB.

In this case proceeding the Athlete, supported by an expert witness, disputed the validity of the test results.
However an independent expert reported that the laboratory documentation about the test results were valid.
The KNSB Disciplinary Committee accepted the test results and decides on 12 March 2010 to impose a 1 year period of ineligibility on the Athlete and 1 year probationary period until November 2011.

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

Full Case History:

Between 2009 and 2011 a number of proceedings and appeals followed in the dispute between the Athlete, the KNSB and Dopingautoriteit about the anti-doping violation and the Athlete seeking annulment of the disciplinary proceedings and sanctions.

- On 9 June 2009 the Dutch District Court dismissed the Athlete’s objections about the validity of the sample collection and violation of his rights.
- On 8 September 2009 the KNSB ruled in the 1# Preliminary Decision about the validity of the sample collection and the validity of the test results for which a independent expert is appointed and the Dopingautoreit is ordered to provide additional information about the laboratory procedures and protocols.
- On 30 September 2009 the Dutch District Court dismissed the Athlete’s request to lift the provisional suspension.
- On 15 October 2010 the KNSB Disciplinary Committee ruled in the 2# Preliminary Decision about the possibility for lifting the provisional suspension for which a new hearing is ordered.
- On 2 December 2009 the KNSB Disciplinary Committee ruled in the 3# Preliminary Decision that the imposed provisional suspension will expire in February 2010 when the KNSB has not rendered a final decision against the Athlete.
- On 12 March 2010 the KNSB Disciplinary Committee dismissed the Athlete’s arguments about the validity of the test results and decided to impose a 1 year period of ineligibility on the Athlete and 1 year probationary period until November 2011.
- On 6 July 2010 the KNSB Appeal Committee ruled in the 4# Preliminary Decision that under the Rules the costs for an expert investigation shall be borne by the KNSB.
- On 26 November 2010 the KNSB Appeal Committee decides to annul the KNSB Disciplinary Committee decision of 12 March 2010 because of the KNSB’s refusal to provide additional documentation to verify the validity of the laboratory testing method as violation of the Athlete’s right of defence.

Hereafter the Dopingautoriteit and the KNSB appealed the decision the KNSB Appeal Committee of 26 November 2010 with the Court of Arbitration for Sport (CAS).

The CAS Panel concludes that the Athlete’s samples tested positive for the prohibited substance norandrosterone (Nandrolone) and that no departure from the ISL occurred in this case. Therefore the CAS Panel upholds the decision of the 12 March 2010 of the KNSB Disciplinary Committee and decides to set aside the decision of the KNSB Appeal Committee of 26 November 2010.

Related cases:

- Dutch District Court 2009 Athlete 2009005 vs KNSB and Dopingautoriteit
June 9, 2009
- KNSB 2009 KNSB Preliminary Decision Disciplinary Committee 2009005 TU1
September 8, 2009
- Dutch District Court 2010 Athlete 2009005 vs KNSB
September 30, 2009
- KNSB 2009 KNSB Preliminary Decision Disciplinary Committee 2009005 TU2
October 15, 2009
- KNSB 2009 KNSB Preliminary Decision Disciplinary Committee 2009005 TU3
December 2, 2009
- KNSB 2010 KNSB Decision Disciplinary Committee 2009005 T
March 12, 2010
- KNSB 2010 KNSB Decision Appeal Committee 2009005 B
November 26, 2010
- CAS 2010/A/2311 Stichting Anti-Doping Autoriteit Nederland (NADO) & the Koninklijke Nederlandsche Schaatsenrijders Bond (KNSB) vs W.
August 22, 2011

In February 2009 the Royal Netherlands Skating Association (KNSB) has reported an anti-doping rule violation against the minor Athlete after his A and B samples tested positive for the prohibited substance norandrosterone (Nandrolone). After notification a provisional suspension was ordered by the KNSB.

In this 4# preliminary case proceeding the Athlete argued that the costs for an expert investigation under the Rules shall be borne by the KNSB due to the T/E ratio wasn't subject of the investigation.
The KNSB Appeal Committee accepted the Athlete's argument and ruled on 6 July 2010 that the costs for the expert investigation shall be borne by the KNSB.

Full Case History:

Between 2009 and 2011 a number of proceedings and appeals followed in the dispute between the Athlete, the KNSB and Dopingautoriteit about the anti-doping violation and the Athlete seeking annulment of the disciplinary proceedings and sanctions.

- On 9 June 2009 the Dutch District Court dismissed the Athlete’s objections about the validity of the sample collection and violation of his rights.
- On 8 September 2009 the KNSB ruled in the 1# Preliminary Decision about the validity of the sample collection and the validity of the test results for which a independent expert is appointed and the Dopingautoreit is ordered to provide additional information about the laboratory procedures and protocols.
- On 30 September 2009 the Dutch District Court dismissed the Athlete’s request to lift the provisional suspension.
- On 15 October 2010 the KNSB Disciplinary Committee ruled in the 2# Preliminary Decision about the possibility for lifting the provisional suspension for which a new hearing is ordered.
- On 2 December 2009 the KNSB Disciplinary Committee ruled in the 3# Preliminary Decision that the imposed provisional suspension will expire in February 2010 when the KNSB has not rendered a final decision against the Athlete.
- On 12 March 2010 the KNSB Disciplinary Committee dismissed the Athlete’s arguments about the validity of the test results and decided to impose a 1 year period of ineligibility on the Athlete and 1 year probationary period until November 2011.
- On 6 July 2010 the KNSB Appeal Committee ruled in the 4# Preliminary Decision that under the Rules the costs for an expert investigation shall be borne by the KNSB.
- On 26 November 2010 the KNSB Appeal Committee decides to annul the KNSB Disciplinary Committee decision of 12 March 2010 because of the KNSB’s refusal to provide additional documentation to verify the validity of the laboratory testing method as violation of the Athlete’s right of defence.

Hereafter the Dopingautoriteit and the KNSB appealed the decision the KNSB Appeal Committee of 26 November 2010 with the Court of Arbitration for Sport (CAS).

The CAS Panel concludes that the Athlete’s samples tested positive for the prohibited substance norandrosterone (Nandrolone) and that no departure from the ISL occurred in this case. Therefore the CAS Panel upholds the decision of the 12 March 2010 of the KNSB Disciplinary Committee and decides to set aside the decision of the KNSB Appeal Committee of 26 November 2010.

Related cases:
- KNSB 2016 KNSB Preliminary Decision Disciplinary Committee 2016012 TU1
December 20, 2016
- KNSB 2016 KNSB Preliminary Decision Disciplinary Committee 2016012 TU2
February 16, 2017
- KNSB 2018 KNSB Decision Appeal Committee 2016012 B
May 25, 2018

In February 2016 the Royal Netherlands Skating Association (KNSB) has reported an anti-doping rule violation against the Person after his A and B samples tested positive for the prohibited substance recombinant human erythropoietin (rhEPO). After notification a provisional suspension was ordered. The Person filed a statement with evidence and objections in his defence and he was heard for the KNSB Disciplinary Committee.

The Athlete denied the use of prohibited substances and supported by an expert witness he disputed the validity of the test results. The Person asserted that there were irregularities in the laboratory procedures and complained that the laboratory file was incomplete. The Person invoked the principle of equality of arms due to these issuea are harmful for his defence and requested that an independent expert will review this case. The person also argued that his medical condition could have caused a false positive test result.

The Dopingautoriteit and the KNSB argued that no departure from the ISL occurred in this case and that the Person failed to produce evidence in support of his arguments.

In the first preliminary decision of 20 December 2016 the Disciplinary Committee ruled that the test results were valid and rejected the Person’s arguments about a false positive. The Committee granted the Person’s request to appoint an independent expert in order to investigate the case file and the suggested departure of the ISL in the accredited laboratory. Also the Committee ordered the Dopingautoriteit to provide additional information about the laboratory procedures and protocols for the independent expert.
The parties were assign to nominate an independent expert for this matter.

In the second preliminary decision of 16 February 2017 the KNSB Disciplinary Committee decided to appoint the requested independent expert. In spite of the objections submitted by the Dopingautoriteit the Disciplinary Committee finds that the Dopingautoriteit has to provide additional information for the independent expert.

Considering the preliminairy decisions the Dopingautoriteit submitted that it can not and will not provide the additional information about the laboratory procedures and protocols for the independent expert in this case and that all the relevant documents were already in possession of the Disciplinary Committee.

The Disciplinary Committee finds that the Dopingautoriteit's refusal to provide the additional information is harmful and an obstruction for the Person's defence to prove that a departure from the ISL occurred. Due to this obstruction the Committee rules that a fair trail and proper judicial procedure under the ECHR Rules are not longer possible anymore.

Therefore on 21 April 2017 the KNSB Disciplinary Committee decides to dismiss the charge and to acquit the Person.

Related cases:
- KNSB 2016 KNSB Preliminary Decision Disciplinary Committee 2016012 TU2
February 16, 2017
- KNSB 2016 KNSB Decision Disciplinary Committee 2016012 T
April 21, 2017
- KNSB 2018 KNSB Decision Appeal Committee 2016012 B
May 25, 2018

In February 2016 the Royal Netherlands Skating Association (KNSB) has reported an anti-doping rule violation against the Person after his A and B samples tested positive for the prohibited substance recombinant human erythropoietin (rhEPO). After notification a provisional suspension was ordered. The Person filed a statement with evidence and objections in his defence and he was heard for the KNSB Disciplinary Committee.

The Athlete denied the use of prohibited substances and supported by an expert witness he disputed the validity of the test results. The Person asserted that there were irregularities in the laboratory procedures and complained that the laboratory file was incomplete. The Person invoked the principle of equality of arms due to these matters are harmful for his defence and requested that an independent expert will review this case. The person also argued that his medical condition could have caused a false positive test result.

The Dutch Dopingautoriteit and the KNSB argued that no departure from the ISL occurred in this case and that the Person failed to produce evidence for his arguments.

The Disciplinary Committee finds that the test results are valid and rejects the Person’s arguments about a false positive. The Committee upholds the Person’s request to appoint an independent expert in order to investigate the case file and the suggested departure of the ISL in the accredited laboratory.

Therefore on 20 December 2016 the KNSB Disciplinary Committee rules in this preliminary decision:

1.) The Dopingautoriteit wil provide additional information about the laboratory procedures and protocols for the independent expert.
2.) To invite the parties to respond about this matter within two weeks.
3.) To assign the parties to nominate an independent expert for this matter.
4.) To adjourn any further decision.

Related cases:
- KNSB 2016 KNSB Preliminary Decision Disciplinary Committee 2016012 TU1
December 20, 2016
- KNSB 2016 KNSB Decision Disciplinary Committee 2016012 T
April 21, 2017
- KNSB 2018 KNSB Decision Appeal Committee 2016012 B
May 25, 2018

In February 2016 the Royal Netherlands Skating Association (KNSB) has reported an anti-doping rule violation against the Person after his A and B samples tested positive for the prohibited substance recombinant human erythropoietin (rhEPO).

The Person denied the use of prohibited substances and supported by an expert witness he disputed the validity of the test results. The Person asserted that there were irregularities in the laboratory procedures and complained that the laboratory file was incomplete. The Person invoked the principle of equality of arms because these matters were harmful for his defence and requested that an independent expert will review this case.

The Dutch Dopingautoriteit and the KNSB argued that no departure from the ISL occurred in this case and that the Person failed to produce evidence in support of his arguments.

In the first preliminary decision of 20 december 2016 the Disciplinary Committee granted the Person’s request to appoint an independent expert in order to investigate the case file and the suggested departure of the ISL in the accredited laboratory. Also the Disciplinary Committee ordered the Dopingautoriteit to provide additional information about the laboratory procedures and protocols for the independent expert. The Parties were assigned to nominate an independent expert for this matter.

Hereafter the Person proposed two experts as candidate to appoint as independent expert. In spite of the objections submitted by the Dopingautoriteit the Disciplinary Committee finds that the Dopingautoriteit has to provide additional information for the independent expert.

Therefore in this second preliminary decision the KNSB Disciplinary Committee decides on 16 February 2017:

- The appointment of the independent expert.
- To order the Dopingautoriteit to provide additional information about the laboratory procedures and protocols for the independent expert'.
- [...].
- To adjourn any further decison.

Related cases:
- KNSB 2016 KNSB Preliminary Decision Disciplinary Committee 2016012 TU1
December 20, 2016
- KNSB 2016 KNSB Preliminary Decision Disciplinary Committee 2016012 TU2
February 16, 2017
- KNSB 2016 KNSB Decision Disciplinary Committee 2016012 T
April 21, 2017

In February 2016 the Royal Netherlands Skating Association (KNSB) has reported an anti-doping rule violation against the Person after his A and B samples tested positive for the prohibited substance recombinant human erythropoietin (rhEPO). After notification a provisional suspension was ordered. The Person filed a statement with evidence and objections in his defence and he was heard for the KNSB Disciplinary Committee in 3 proceedings.

The Athlete denied the use of prohibited substances and supported by an expert witness he disputed the validity of the test results. The Person asserted that there were irregularities in the laboratory procedures and complained that the laboratory file was incomplete. The Person invoked the principle of equality of arms due to these issues were harmful for his defence and he requested that an independent expert will review this case. The person also argued that his medical condition could have caused a false positive test result.

In the first preliminary decision of 20 December 2016 the Disciplinary Committee ruled that the test results were valid and rejected the Person’s arguments about a false positive. The Committee granted the Person’s request to appoint an independent expert in order to investigate the case file and the suggested departure of the ISL in the accredited laboratory. Also the Committee ordered the Dopingautoriteit to provide additional information about the laboratory procedures and protocols for the independent expert.

In the second preliminary decision of 16 February 2017 the KNSB Disciplinary Committee decided to appoint the requested independent expert and finds that the Dopingautoriteit has to provide additional information for this independent expert.

The Dopingautoriteit and KNSB argued that no departure from the ISL occurred in this case and that the Person failed to produce evidence in support of his arguments. Regarding the preliminairy decisions the Dopingautoriteit submitted that it can not and will not provide additional information about the laboratory procedures and protocols for the independent expert in this case and that all the relevant documents were already in possession of the Disciplinary Committee.

As a result the Disciplinary Committee concluded that the Dopingautoriteit's refusal to provide the additional information was harmful and an obstruction for the Person's defence to demonstrate that a departure from the ISL occurred. Due to this obstruction the Committee ruled that a fair trail and proper judicial procedure under the ECHR Rules were not longer possible. Therefore on 21 April 2017 the KNSB Disciplinary Committee decided to dismiss the charge and to acquit the Person.

In April and in May 2017 both the Dopingautoriteit and the KNSB appealed the decision of 21 April 2017 with the KNSB Appeal Committee.

The KNSB Appeal Committee considers the arguments of the Person and his expert witnesses and concludes that he failed to establish with evidence that there were departures of the ISL nor that these alleged departures caused the positive test results. The Committee establish that the Person subjected himself voluntarily to the Anti-Doping Rules; he had the opportunity to file his arguments; and he could respond to the submissions of the Dopingautoriteit en the KNSB.

The Committee holds that it was justified that the Dopingautoriteit refused to provide the ordered additional information about the laboratory procedures and protocols. Here the Committee rejects the arguments that there was a breach of the ECHR Rules and that there was a violation of the Person’s rights. Regarding the ECHR the Committee considers that the WADA Code was the result of a world-wide process of consultation of national and international organisations, including the UNESCO and the Council of Europe (CoE).

The KNSB Appeal Committee upholds the appeal of the Dopingautoriteit and KNSB and decides to set aside:
- The first preliminary decision of 20 December 2016 (partially);
- The second preliminary decision of 16 February 2017;
- The final diciplinary decision of 21 April 2017.
Therefore the KNSB Appeal Committee rules that the Person committed an anti-doping rule violation and decides on 25 May 2018 to impose a 4 year period of ineligibility on the Person starting on the date of the provisional suspension, i.e. on 11 February 2016.

Fees and expenses for this committee shall be borne by the parties in this case.