NADO Flanders 2019 Disciplinary Council 20196617 - Appeal

13 Mar 2020

Related case:
NADO Flanders 2019 Disciplinary Commission 20196617
January 28, 2020

In 2018 Customs in Flanders intercepted a parcel and addressed the Athlete’s girlfriend containing the prohibited substances Erythropoietin (EPO) and Oxymetholone. As a result the police conducted a search in the Athlete's residence in August 2018 where also the prohibited substance Letrozole was found.

Consequently on 28 January 2020 the NADO Flanders Disciplinary Commission decided to impose a fine and a 4 year period of ineligibility on the Athlete for the use and possession of these prohibited substances. The Athlete's denials and explanations regarding the found substances were rejected.

Hereafter in January 2020 the Athlete appealed the First Instance Decision with the NADO Flanders Disciplinary Council.

The Athlete denied the purchase and possession of the prohibited substances and seeked with the principle of non-bis-in-idem and with extensive legal arguments to annul the imposed sanction because he was already convicted by the Criminal Court in Brussel for the same violation.

Considering the evidence in this appeal the Disciplinary Council established that there were in fact 3 intercepted shipments in April, May and June 2018 addressed to the Athlete and his girlfriend containing prohibited substances while another prohibited substance was found by the police in his residence. The Athlete’s denials and explanations were unsubstantiated by any corroborative evidence and after additional investigations the Council deems that sufficiently has been proved that the Athlete had purchased these prohibited substances.

Therefore the NADO Flanders Disciplinary Council decides on 13 March 2020 to uphold the First Instance Decision of 28 January 2020 to impose a 4 year period of ineligibility on the Athlete. However the Disciplinary Council decided to annul the imposed fine.

Fees and expenses for this Commission shall be borne by the Athlete

NADO Flanders 2019 Disciplinary Commission 20196627

3 Mar 2020

NADO Flanders reported in January 2019 an anti-doping rule violation against the Athlete after his sample tested positive for the prohibited substances Stanozolol, Testosterone and Trenbolone.

After notification a provisional suspension was ordered and the Athlete was heard for the NADO Flanders Disciplinary Commission.
The Athlete admitted the violation and stated that he injected himself the substances into his body without any medical support.

The Disciplinary Commission finds that the presence of the prohibited substances has been established in the Athlete’s sample and accordingly that he committed an anti-doping rule violation.
Therefore the NADO Flanders Disciplinary Commission decides on 3 March 2020 to impose a fine and a 4 year period of ineligibility on the Athlete starting on the date of the provisional suspension, i.e. on 16 January 2020.

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

NADO Flanders 2019 Disciplinary Commission 20196624

25 Feb 2020

NADO Flanders reported in December 2019 an anti-doping rule violation against the Athlete after his sample tested positive for the prohibited substances Higenamine and Stanozolol. After notification a provisional suspension was ordered and the Athlete failed to attend the hearing of the NADO Flanders Disciplinary Commission.

The Disciplinary Commission finds that the presence of the prohibited substances has been established in the Athlete’s sample and accordingly that he committed an anti-doping rule violation.
Therefore the NADO Flanders Disciplinary Commission decides on 25 February 2020 to impose a fine and a 4 year period of ineligibility on the Athlete starting on the date of the provisional suspension, i.e. on 19 December 2019.

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

NADO Flanders 2019 Disciplinary Commission 20196623

25 Feb 2020

NADO Flanders reported in December 2019 an anti-doping rule violation against the Athlete after his sample tested positive for the prohibited substance Methandienone. After notification a provisional suspension was ordered and the Athlete failed to attend the hearing of the NADO Flanders Disciplinary Commission.

The Disciplinary Commission finds that the presence of the prohibited substance has been established in the Athlete’s sample and accordingly that he committed an anti-doping rule violation.

Therefore the NADO Flanders Disciplinary Commission decides on 25 February 2020 to impose a fine and a 4 year period of ineligibility on the Athlete starting on the date of the provisional suspension, i.e. on 19 December 2019.

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

NADO Flanders 2019 Disciplinary Commission 20196620

25 Feb 2020

NADO Flanders reported in December 2019 an anti-doping rule violation against the Athlete after his sample tested positive for the prohibited substance Oxandrolone.

After notification a provisional suspension was ordered and the Athlete was heard for the NADO Flanders Disciplinary Commission.
The Athlete admitted the violation and stated that he had used the substance provided by a person he knew.

The Disciplinary Commission finds that the presence of the prohibited substances has been established in the Athlete’s sample and accordingly that he committed an anti-doping rule violation.
Further the Commission considered the Athlete’s conduct and finds that he acted with significant fault and negligence in this case.

Therefore the NADO Flanders Disciplinary Commission decides on 25 February 2020 to impose a fine and a 4 year period of ineligibility on the Athlete starting on the date of the provisional suspension, i.e. on 19 December 2020.

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

NADO Flanders 2019 Disciplinary Commission 20196619

11 Feb 2020

NADO Flanders reported in December 2019 an anti-doping rule violation against the Athlete after his sample tested positive for the prohibited substance Stanozolol. After notification a provisional suspension was ordered and the Athlete failed to attend the hearing of the NADO Flanders Disciplinary Commission.

The Disciplinary Commission finds that the presence of the prohibited substance has been established in the Athlete’s sample and accordingly that he committed an anti-doping rule violation.

Therefore the NADO Flanders Disciplinary Commission decides on 11 February 2020 to impose a fine and a 4 year period of ineligibility on the Athlete starting on the date of the provisional suspension, i.e. on 19 December 2019.

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

NADO Flanders 2019 Disciplinary Commission 20196618

11 Feb 2020

NADO Flanders reported in November 2019 an anti-doping rule violation against the bodybuilder after his sample tested positive for the prohibited substance Clenbuterol in a low concentration. After notification a provisional suspension was ordered and the Athlete was heard for the NADO Flanders Disciplinary Commission.

The Athlete testified credibly that seven or eight weeks before the sample collection he had consumed Mexican meat. NADO Flanders accepted this explanation for the positive test result.

The Disciplinary Commission finds that the presence of the prohibited substances has been established in the Athlete’s sample and accordingly that he committed an anti-doping rule violation.
Further the Commission concludes that the violation was not intentional and the result of the consumption of contaminated meat.

Therefore the NADO Flanders Disciplinary Commission decides on 11 February 2020 to impose a 4 month period of ineligibility on the Athlete starting on the date of the provisional suspension, i.e. on 28 November 2019.

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

NADO Flanders 2019 Disciplinary Commission 20196617

28 Jan 2020

Related case:
NADO Flanders 2019 Disciplinary Council 20196617 - Appeal
March 3, 2020

NADO Flanders reported in 2019 two anti-doping rule violations against the Athlete for use and possession after an imported parcel was intercepted by Customs in 2018. The parcel was addressed the Athlete’s girlfriend and contained the prohibited substances Erythropoietin (EPO) and Oxymetholone. Hereafter the police conducted a search in the Athlete's residence in August 2018 where also the prohibited substance Letrozole was found.

After notification the Athlete was heard for the NADO Flanders Disciplinary Commission. The Athlete denied the purchase of the substances, he could not explain why the parcel was send to his residence and he claimed that the found substance Letrozole belonged to an ex-girlfriend. The Athlete stated that as a retired professional cyclist he was now only active recreationally in cycling. Also the last 5 years he had not used prohibited substances while he had any comments about the previous period.

The Disciplinary Commission rejects the Athlete’s statements since it had been established that the purchase was paid and shipped to the Athlete’s girlfriend and their residence address while the Athlete is still active in cycling for years. Further there is no evidence that someone tried to frame the Athlete. Considering the evidence in this case the Commission finds that the Athlete committed the anti-doping rule violations without grounds for a reduced sanction.

Therefore the NADO Flanders Disciplinary Commission decides on 28 January 2020 to impose a fine and a 4 year period of ineligibility on the Athlete starting on the date of the decision.

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

NADO Flanders 2019 Disciplinary Commission 20196616

28 Jan 2020

NADO Flanders reported in 2019 two anti-doping rule violations against the Athlete for use and possession after an imported parcel was intercepted by Customs and addressed to the Athlete containing the prohibited substances Testosterone, Drostanolone and Nandrolone.

Hereafter the police conducted a search in the Athlete's residence where multiple prohibited substances were found: Anastrozole, Boldenone, Drostanolone, Exemestane, Fluoxymesterone, Insulin-like Growth Factor-1 (IGF-1), Methandienone, Metribolone, Nandrolone, Oxandrolone, Stanozolol, Testosterone and Trenbolone.

After notification the Athlete was heard for the NADO Flanders Disciplinary Commission. Against the Police and at the hearing the Athlete fully admitted the purchases and that he had used the substances for about 2 or 3 years. Prior he had already trained for 6 years and wanted to push out his body limits.

Considering the evidence in this case the Commission finds that the Athlete intentionally had committed the admitted anti-doping rule violations without grounds for a reduced sanction.

Therefore the NADO Flanders Disciplinary Commission decides on 28 January 2020 to impose a fine and a 4 year period of ineligibility on the Athlete starting on the date of the decision.

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

NADO Flanders 2019 Disciplinary Commission 20196615

28 Jan 2020

NADO Flanders reported in 2019 an anti-doping rule violation against the Athlete after the police found two 10 ml bottles in his possession containing Testostosterone.

After notification the Athlete failed to attend the NADO Flanders Disciplinary Commission. Against the police the Athlete had stated that he practised fitness.

Without the Athlete's response and considering the evidence in this case the Commission finds that the Athlete had committed the anti-doping rule violation for possesion of a prohibited substance without grounds for a reduced sanction.

Therefore the NADO Flanders Disciplinary Commission decides on 28 January 2020 to impose a fine and a 4 year period of ineligibility on the Athlete starting on the date of the decision.

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

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