Disciplinary Proceedings

Introduction

In the Netherlands, the disciplinary proceedings relating to possible anti-doping rule violations are the responsibility of the sports associations. A number of sports associations have their 'own' disciplinary and appeals committees but a large, and increasing, number of associations call in the Institute for Sports Law (ISR), which now makes decisions on behalf of almost 90% of the associations.

The position of Doping Authority Netherlands in disciplinary procedures

The disciplinary and appeals committees arrive at their decisions independently of Doping Authority Netherlands. This does not mean that Doping Authority Netherlands is not closely involved in disciplinary proceedings relating to possible anti-doping rule violations. The task of Doping Authority Netherlands is to ensure that disciplinary proceedings for doping cases in the Netherlands are conducted correctly in accordance with the World Anti-Doping Code and Dutch doping regulations based on that code. The doping regulations of the sports associations and the ISR describe and determine the various tasks incumbent upon Doping Authority Netherlands in disciplinary procedures. Those tasks involve, on the one hand, supporting and advising the disciplinary bodies in the interpretation and application of the doping regulations and, on the other, correcting decisions that do not comply with those regulations.
The auxiliary role is seen primarily in the contributions made by Doping Authority Netherlands during the disciplinary procedures: Doping Authority Netherlands is cognisant of the case, states written arguments in which all the relevant regulatory factors are discussed and explained, and also speaks at hearings it attends.

The corrective role is seen primarily in the right of appeal that Doping Authority Netherlands has in all doping cases, both with national appeals committees and with the Court of Arbitration for Sport (CAS) in Lausanne. Furthermore, Doping Authority Netherlands is competent to file a charge with the disciplinary committee of an association independently without calling in the board of the association. Doping Authority Netherlands did not submit any appeals to the CAS in 2019.

During the year under review, Doping Authority Netherlands did submit written arguments in all disciplinary proceedings in the first instance, with in some cases additional arguments when required by the subsequent proceedings. Doping Authority Netherlands attended all the hearings in these proceedings.

Reporting to WADA and International Sports Federations

Doping Authority Netherlands reports on the disciplinary proceedings in doping cases to WADA, which is also entitled to appeal against decisions in those cases. The reports take the form of sending the written decision to WADA, answering supplementary questions upon request, and producing supplementary documents and translations of relevant parts of a case.

Doping Authority Netherlands also reports upon request to international sports federations (IFs) but only if the Dutch sports association in question does not do so or fails to do so in full. IFs are also entitled to make appeals in Dutch doping proceedings but no decision was given in 2019 in the case in which an international federation appealed against a decision made by a Dutch disciplinary body.

Reporting on disciplinary decisions

The table below lists all 12 decisions taken by Dutch disciplinary and appeals committees in doping cases in 2019 (inclusion depends upon the date of the decision), as well as the 8 cases in which Doping Authority Netherlands proposed a sanction that was accepted by the athlete.