Appealed case:
ISR 2009 KNKF Decision Disciplinary Committee 2009022 T
September 15, 2009

The Royal Netherlands Power Sport and Fitness Federation (Koninklijke Nederlandse Krachtsport en Fitnessfederatie, KNKF) appealed against the Disciplinary Committee’s decision, dated September 15, 2009, to dismiss KNKF’s report of an anti-doping rule violation against a person after testing positive for the prohibited substance metandienone.
The Disciplinary Committee concluded KNKF failed to file the report of the anti-doping rule violation within the timelimit. Neither did the Anti Doping Authority thereafter.
The Appeal Committee ruled a written proceeding and followed the Disciplinary Committee’s decision regarding KNKF’s failure to report. Therefore the Appeal Committee dismiss KNKF’s appeal and decides to let the interest of sportsmen prevail in a timely trial, not a flexible deadline to report anti-doping rule violations.

The Royal Netherlands Power Sport and Fitness Federation (Koninklijke Nederlandse Krachtsport en Fitnessfederatie, KNKF) appeals against an earlier decision of the Disciplinary Committee on August 25, 2009, the decision was that the report was inadmissible due to exceeding the 6 week period to appeal.
The KNKF claims that the report was not inadmissible.
The case will be treated in writing. The KNKF claims that the period filing a report is not a compelling argument because this not in the spirit of sports or common goal.

The KNKF regards that 10 days delay is not putting the defendant unnecessary in suspense because the decision of the disciplinary committee can sometimes last 11 weeks.
The six week period is not meant to be compelling, it is a reminder not to be late but can be exceeded.
To exceed the six week period can be used to settle the sentence. Also it is a wrong signal to the outer world.

The defendant claims that a report has to be filed within 2 weeks otherwise it is inadmissible. 6 weeks is the ultimate period.
The KNKF was earlier careless in regarding the 6 week period which makes it a legal uncertainty. Following the right procedure ensures a fair trial. The remarks about the time in-between report and decision are improper and irrelevant.
The remarks of the KNKF about the severe nature of the committed offence are regarded as irrelevant.

The disciplinary commission regards the time periods of the Anti-doping Code as short. This is reasonable regarding to the athletes involved. The KNKF and the Anti-doping Authority are involved to safeguard the 6 week period in which they failed.
To speak of a slight delay of 10 days is not relevant, stalling leads to legal uncertainty.
The seriousness of the case doesn't influence the judgement of the disciplinary commission.
The acquisition from the KNKF that the disciplinary committee was late submitting his decision also is irrelevant and unjustified. The report was filed before the vacation, the defended had more time for his defence. There are rules that WADA can interfere when the decision is not made in time.

The appeal commission decision is that the appeal is rejected and the decision of the disciplinary commission is confirmed.

Related case:

ISR 2009 KNBB Decision Appeal Committee 2009018 B
November 26, 2009

In May 2009 the Royal Dutch Billiards Federation (KNBB) has reported an anti doping rule violation against the Person after his A and B samples tested positive for the prohibited substance Cocaine.

After notification the Person failed to respond nor filed a statement in his defence. The KNBB Disciplinary Committee rendered a Decision based of the written submissions of the Parties.

The Disciplinary Committee finds that the presence of a prohibited substance has been established in the Athlete's samples and accordingly that he had committed an anti-doping rule violation.

Therefore in absentia of the Person the KNBB Disciplinary Committee decides on 25 August 2009 to impose a 2 year period of ineligibility on the Person.

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

Realted case:
ISR 2009 NHB Decision Disciplinary Committee 2009049 T
May 3, 2010

The Dutch Archery Federation (Nederlandse Handboog Bond, NHB) has reported an anti-doping rule violation against the person after his A and B samples tested positive for the prohibited substance Atenolol.
The Person waived his right to be heard for the Disciplinary Committee.

In this interim decision, the Disciplinary Commission provided the person concerned a large period of six weeks in which the athlete could apply for a TUE. After six weeks, the application for TUE was still in progress therefore the Disciplinary Committee provided an additional six weeks to obtain dispensation. However, after twelve weeks in total a TUE could not been shown to the Disciplinary Committee. Since there was no valid dispensation certificate the Disciplinary Commission followed up on an anti doping rule violation.
Fees and expenses for this committee shall be borne by person.

The Royal Netherlands Power Sport and Fitness Federation
Koninklijke (Nederlandse Krachtsport en Fitnessfederatie, KNKF)
reports a violation of the Anti-Doping Code (ADC). The A-sample of the defendant was positive for the prohibited substances clenbuterol, stanozolol en 4β-hydroxystanozolol also the B-sample was positive on these substances.
A representative of the defendant handed in a written defence and the defendant attended the oral hearing on August 25, 2009. Additional information was provided by mail and letters also a request for three witnesses, eventually one witness doesn't attend the oral hearing.
The Disciplinary Committee notices that the report arrived late, the period of 6 weeks has passed. Because the report arrived to late the case is dismissed.
An appeal can be made within 21 days.

Revisioned case:
ISR 2010 KNKF Decision Disciplinary Committee 2010014 T
June 2, 2010

Person requested revision of the decision for ineligibility for 2 years, dated February 22, 2011, by the Disciplinary Committee.
Person argued the prohibited substance 4-methyl-2-hexaneamine in question became a specified stimulant on the WADA 2011 prohibited list.
Only the WADA 2010 prohibited list considered the substance a non specific stimulant. In the years before and after 2010 the substance was a specified stimulant.
Person already made request for revision in 2010. This request was accepted after changing the ISR regulations in 2011, to create the possibility for revisions.
The committee follows the consideration of the Disciplinary Committee regarding person’s negligence using the supplement without making inquiries about prohibited substances.
Because of the stimulant’s changed status the Revision Committee rules a revision of the decision made February 22, 2011. The Revision Committee decides therefore to limit person’s ineligibility from two years to 6 months, beginning on the date of person’s provisional suspension. Fees and expenses for this committee shall be borne by person.

The Royal Dutch Athletics Association (Koninklijke Nederlandse Atletiek Unie, KNAU) reported a violation of the Anti-doping Code (ADC), the defendant used intravenous infusion on August 9 and August 10, 2006.
The disciplinary committee finds no proof of the infusion of August 9, 2006. The (curative) infusion of August 10, 2006, was confirmed by the defendant. This infusion is not a prohibited if there is an urgent medical need. The Anti-Doping Authority Netherlands claims that there was no medical need however they didn't provide any proof, also the KNAU has no proof for this fact.
Regarding the date the ADC of 2004 was used and the Prohibited list of 2006.
Three statements of physicians confirm the urgent medical need.
The obligation to inform about an intravenous infusion within 10 days, as argued by the Anti-Doping Authority, was not a rule in that period.
The decision is that there was no violation of the ADC. An appeal can be made within 21 days.

Related case:
ISR 2010 KNKF Decision Revision Committee 2010014 H
February 22, 2011

The Royal Netherlands Power Sport and Fitness Federation (Koninklijke Nederlandse Krachtsport en Fitnessfederatie, KNKF) has reported an anti doping rule violation against this person after he tested positive for the prohibited substances 4-methyl-2-hexaneamine, a non specified stimulant on the KNKF 2010 doping list.
KNKF notified the person of the doping violation and ordered a provisional suspension.
Person stated for the committee how the substance entered his bode when he used a supplement Maxi Force NOX Formula prior to competition. Person didn’t know it contained a prohibited substance, mentioned on the label as geranamine. Person’s testimony was supported by the witness statement of the sportsman who supplied this supplement to person.
the committee ruled person acted neglectful without making inquiries about prohibited substances when using this supplement. Considering no exceptional circumstances the Disciplinary Committee decides an ineligibility for two years, beginning on the date of person’s provisional suspension. Fees and expenses for this Appeal Committee shall be borne by person.

Facts
The Netherlands Federation for Adapted Sports (Vereniging Gehandicaptensport Nederland, NEBAS) reports a violation of the Anti-doping Code (ADC). Defendant refused a doping test which is a violation of section 5, paragraph 1a, of the ADC.
Defendant has a written defence and attended the oral hearing on April 20, 2009.

History
Defendant claims she quited her sport, due to obligations it was not possible to undergo a doping test. She had to attend a christmas celebration on her work she had organized, and for that reason she choose to refuse the test.

However the defendant was on the registered testing pool, quitting the sport doesn't implicate the defendant can't be tested anymore.
Defendant claims not to have received any information about still being in the registered testing pool, she was willing to attend a doping test. The disciplinary committee regards this as no significant fault or negligence.

Decision
The decision is that the defendant did violate the ADC due to exceptional circumstances the period of ineligibility will be shortened to one year only, commencing on the date of the desicion.

Costs
Costs will be borne by the defendant.

The Royal Netherlands Power Sport and Fitness Federation (Koninklijke Nederlandse Krachtsport en Fitnessfederatie, KNKF) has reported an anti doping rule violation against this person after he tested positive for the prohibited substances norandrosterone and testosterone/epitestosterone.
KNKF notified the person of the doping violation and ordered a provisional suspension.
Person did not reply nor filled a statement in his defence.
In absence of person the Disciplinary Committee ruled a violation of the anti-doping rules and decides an ineligibility for two years.