Related cases:
- KNVB 2007 KNVB Decision Appeal Committee 2007082 B
November 14, 2007
- Dutch District Court 2008 Athlete 2007082 vs KNVB
June 18, 2008

In May 2007 the Royal Dutch Football Association (Koninklijke Nederlandse Voetbalbond, KNVB) has reported an anti-doping rule violation against the Belgian Athlete after his A and B samples tested positive for the prohibited substance amphetamine.
After notification a provisional suspension was ordered. The Athlete file a statement with evidence in his defence and he was heard for the KNVB Disciplinary Committee.
The Athlete denied the use of doping and he produced the results of a hair test as evidence that he didn’t use doping. In addition he reffered to jurisprudence about a KNVB case which resulted in the acquittal of the Athlete after sloppy disciplinary proceedings.

The Committee concludes that the Athlete’s hairtest wasn't performed in an accredited laboratorium and under the WADA Rules such a test is not allowed as evidence. Therefore the statements of expert witnesses about the hair test are not relevant to consider in this case. The filed jurisprudence about another KNVB case is not similar with the circumstances in this case.

Considering the positive test results the KNVB Disciplinary Committee decides on 15 August 2015 to impose a 2 year period of ineligibility on the Belgian Athlete starting on the date of the provisional suspension.

Related case:
NIJB 2013 NIJB Decision Disciplinary Committee 2013009 T
September 27, 2013

On 27 September 2013 the Disciplinary Committee of the Netherlands Ice Hockey Federation (Nederlandse IJshockey Bond, NIJB) decided to impose a 15 month period of ineligibility on the Person after his sample tested positive for the prohibited substances cocaine and amphetamine.

Hereafter in October 2013 the Person appealed the decision of 27 September 2013 with the NIJB Appeal Committee. The Person requested to impose a conditional sanction and stated that he disapproves the use of drugs. He argued that the use of cocaine and amphetamine was not intentional because he didn’t know that the cigarettes he smoked contained these substances.
He smoked these cigarettes after a dinner, and not as mentioned at a party, in the house of his friend with her family. One of the guests sustained as witness the Person’s statement about his friend's cigarettes and that these look indentical to regular cigarettes.

The Committee accepts the statements and concludes that the Person acted without significant fault or negligence because of the exceptional circumstances.
Therefore the NIJB Appeal Committee decides on 27 November 2013 to annul the Decision of 27 September 2017, to reduce the sanction and to impose a 1 year period of ineglibility starting on the date of the provisional suspension, i.e. on 6 March 2013.

Related case:
NKB 2012 NKB Decision Disciplinary Committee 2012083 T
March 23, 2012

On 23 March 2012 the Disciplinary Committee of the Netherlands Canoe Union (Nederlandse Kano Bond, NKB) decided to lift the ordered provisional suspension and to acquit the Athlete for using cannabis in 2011. The Committee considered in their decision for acquital the procedural delays and the principle of in dubio pro reo due to conflicting anti-doping regulations about cannabis.

In 2012 the NKB merged with the Royal Netherlands Yachting Union (Koninklijk Nederlands Watersportverbond, KNWV) and was officially disbanded on 28 december 2012. Therefore in April 2012 the Dopingautoriteit appealed the decision of the NKB Disciplinary Committee with the Appeal Committee of the Royal Netherlands Yachting Union (Koninklijk Nederlands Watersportverbond, KNWV).
The Athlete and the KNWV - as legal successor of the NKB - attended the hearing of the Appeal Committee in May 2013 without filing a response in this case.

The KNWV Appeal Committee finds that after the merger and disbandment of the NKB in December 2012 it has jurisdiction and rules that the appeal of the Dopingautoriteit is admissable.
The Dopingautoriteit requested the Appeal Committee to annul the decision of 23 March 2012 and asserted that the NKB Disciplinary Committee failed to specify the conflicting anti-doping regulations in their decision and argued that the Rules have no conflicting anti-doping regulations about cannabis.

The Committee agrees that the NKB anti-doping Rules have no conflicting anti-doping regulations about cannabis and concludes that the Athlete committed an anti-doping rule violation because his sample tested positive for the prohibited substance cannabis.
The Appeal Committee upholds the conclusion of the NKB Disciplinary Committee that the Athlete had used cannabis at a party out-of-competition, 2 weeks before the sample collection and without intention to enhance his performance.

Considering the circumstances and the procedural delays in this case the KNWV Appeal Committee decides on 11 June 2013 to annul the decision of 23 March 2012 of the NKB Disciplinary Committee and to impose a reprimand and a warning on the Athlete.

Related case:
KNWV 2012 KNWV Decision Appeal Committee 2012083 B
June 11, 2013

In July 2012 the Netherlands Canoe Union (Nederlandse Kano Bond, NKB) has reported an anti-doping rule violation against the Athlete after his sample tested positive fort he prohibited substance cannabis.

After notification a provisional suspension was ordered. The Athlete filed a statement with evidence in his defence and he was heard for the NKB Disciplinary Committee in December 2012.
The disciplinary proceedings in this case were delayed due to the merger of the NKB with the Royal Netherlands Yachting Union (Koninklijk Nederlands Watersport Verbond, KNWV), miscommunication and the Athlete’s stay abroad.

The Athlete stated, sustained by witnesses, that he used cannabis at a party 2 weeks before he provided a sample for drug testing and without intention to enhance his performance. The Committee finds that the use of cannabis was out-of-competition and 2 weeks before the competition and the sample collection. With the principle of in dubio pro reo due to conflicting anti-doping regulations about cannabis the NKB Disciplinary Committee decides on 23 March 2013 to lift the provisional suspension and to acquit the Athlete.

Related case:
NIJB 2013 NIJB Decision Appeal Committee 2012060 B
June 12, 2013

In November 2012 the Netherlands Ice Hockey Federation (Nederlandse IJshockey Bond, NIJB) has reported an anti-doping rule violation against the Player after his sample tested positive for the prohibited substance methylhexaneamine (dimethylpentylamine).
After notification the Player filed a statement in his defence and he was heard for the NIJB Disciplinary Committee.

The Player stated, sustained by his team doctors and with evidence, that he suffered from physical injuries and to improve his recovery he had used the over-the-counter supplement Noxipro. The Player argued that the prohibited substance wasn’t mentioned as ingredient on the label and he had no intention to enhance his performance. In addition the Player argued that under the Rules the NIJB had exceeded the time limits for opening disciplinary proceedings.

The Committee finds that the procedural delays occurred during the disciplinary proceedings but under the Rules the Player was notified within the time limit and without violation of his rights.
Considering the delays and without the Player’s intention to enhance his performance the NIJB Disciplinary Committee decides on 15 March 2013 to impose a conditional 1 year period of ineligibility with two years' probation.

Related case:
ISR 2012 NWWB Decision Disciplinary Committee 2012051 T
February 13, 2013

On 13 February 2013 the ISR-NWWB Disciplinary Committee of the Netherlands Water Ski & Wakeboard Federation (NWWB) decided to impose a reprimand on the Athlete after her sample tested positive for the prohibited substance JWH-018 (a synthetic cannabinoid).

Hereafter in March 2013 the NWWB appealed the decision of the Disciplinary Committee with the ISR-NWWB Appeal Committee. The NWWB requested the Appeal Committee to annul the reprimand and to impose a severe sanction of at least 6 months; a conditional sanction of 18 months; and starting on the date the Athlete tested positive. The NWWB argued that cannabis is an unacceptable substance in sport and as frightening deterrent a reprimand is not enough to other athletes.

The Appeal Committee upholds the grounds to impose only a reprimand considering the Athlete’s circumstances in this case. The Committee concludes that under the Rules it is not possible to impose a conditional sanction nor ordering a provisional suspension immediately after an athlete’s sample tested positive.
Therefore the ISR-NWWB Appeal Committee decides on 22 April that the appeal filed by the NWWB is inadmissible and confirms the decision of the ISR-NWWB Disciplinary Committee of 13 February 2013.
Fees and expenses for this Committee shall be borne by the NWWB.

In May 2012 the Nederlandse Basketball Bond (Netherlands Basketball Federation, NBB) has reported an anti-doping rule violation against the Person after his sample tested positive for the prohibited substance furosemide.

After notification the Persone filed a statement in his defence and he was heard for the NBB Disciplinary Committee. The Person stated that he used for many years prescribed medication containing the prohibited substance as treatment for his hypertension.
The Committee notes that the Person was also sanctioned in 2011 with a 1 month period of ineligibility imposed by the International Basketball Federation (FIBA) related to the use of the prescribed medication for his hypertension. De NBB Disciplinary finds this a violation under the FIBA Rules and not a violation under the NBB Rules.

Considering the circumstances, with delays in the proceedings and without intention to enhance the performance, the NBB Disciplinary Committee decides on 25 September 2012 to impose a 6 month period of ineligibility on the Person starting on the day of his last competition until 15 October 2012.
Fees and expenses for this Committee shall be borne by the Person.

Related cases:
- ISR 2009 NWWB Decision Disciplinary Committee 2009064 T
June 29, 2009
- Dutch District Court 20009 Athlete 2009064 vs NWWB
July 24, 2009

On 29 June 2009 the Netherlands Water Ski & Wakeboard Federation (NWWB) Disciplinary Committee decides to impose a 2 year period on the Person after his A and B samples tested positive for the prohibited substance nandrolone.

Hereafter in July 2009 the Person appealed the decision of 29 June 2009 with the NWWB Appeal Committee.
The Person requested the Appeal Committee to annul the decision because the Disciplinary Committee failed to dismiss the case due to the fact that time limits were exceeded in the disciplinary proceeding because under the Rules the Dopingautoriteit reported the results of the B sample 5 days too late to the Person. Also he requested the Appeal Committee for exclusion of the test results. The Person argued that he acted without fault or negligence and the imposed 2 year period of inegligibility was disproportional.

The NWWB Appeal Committee partially accepts the Person’s arguments. The Committee considers that exceeding the time limits are minor faults and no violation of the Person’s rights.

However with exceeding the time limits the Committee rules that the Dopingautoriteit, as professional body, violated the Rules in the disciplinary proceedings because it has the obligation to pay strict attention to follow the Rules.
Therefore the NWWB Appeal Committee decides that the reported anti-doping violation is inadmissible; annuls the decision of 29 June 2009; and to acquit the Person. Fees and expenses for this Committee shall be borne by the NWWB.

Related cases:
- Dutch District Court 2009 Athlete 2009064 vs NWWB
July 24, 2009
- ISR 2009 NWWB Decision Appeal Committee 2009064 B
January 29, 2010

In April 2009 the Netherlands Water Ski & Wakeboard Federation (NWWB) has reported an anti-doping rule violation against the Person after his A and B samples tested positive for the prohibited substance nandrolone. After notification the Person filed a statement with medical evidence in his defence and he was heard for the NWWB Disciplinary Committee.

The Person stated that he used several prescribed medications and he was under treatment for a physical injury. He also mentioned the medication and treatment on the Doping Control Form.
The Person’s medical history showed that he used prescribed nandrolone as treatment for a serious condition he suffered. This treatment with nandrolone ended in 2006 due to his sport career and the prohibition in sport for the use of nandrolone. Later and previously before he provided a sample he also used another medication. The Person asserted that shortly before he was tested he administered nandrolone and not his medication by mistake as explanation for the positive doping test.

Considering the evidence and without mitigating circumstances the Committee did not accept the Person's statement and concludes that he acted with negligence and failed in his responsibility that no prohibited substance enters his body.
Therefore on 29 June 2009 the NWWB Disciplinary Committee decides to impose a 2 year period on the Person starting on the date of the decision.
Fees and expenses for this Committee shall be borne by the Person.

In August 2014 the Royal Dutch Strength Sport Fitness Federation (KNKF) has reported an anti doping rule violation against the Person after his sample tested positive for the prohibited substance methylhexaneamine (dimethylpentylamine). After notification the Person filed a statement in his defence and he was heard for the ISR-KNKF Disciplinary Committee.

The Person admitted the use of the supplement Noxipro purchased on the internet in 2011. He stated that he used the supplement to improve his performance and knew it contained the prohibited substance methylhexaneamine. He knew that these risky supplements were not available anymore since 2012 and assumed that methylhexanemaine was not doping but a natural booster. He admitted that he did not research the ingredients of the supplement before using it.

The Committee accepted the Person’s statement and concludes that he failed in his responsibility that no prohibited substance enters his body with intention to enhance his performance.
Therefore on 13 October 2014 the ISR-KNKF Disciplinary Committee decides to impose a 2 year period of ineligibility on the Person starting on the date of the decision.
Fees and expenses for this Committee shall be borne by the Person.