Facts
The Canadian Centre for Ethics in Sport (CCES) alleges James Kelleher (the athlete) for a violation of the Canadian Anti-Doping Program (CADP). On 4 September 2006 Mr Kelleher refused, without compelling justification, to submit to sample collection after having received due and proper notification that he had been selected for doping control. On 4 October 4 2006 the SDRCC convened an administrative conference call with all parties involved in this matter. Mr. Kelleher received notice of the call but chose not to participate. On 13 October 2006, the pre-hearing conference call took place. The CCES, Canadian Interuniversity Sport (CIS) and the Government of Canada were all represented on that call. Mr. Kelleher did not participate.
Decision
1. The athlete has committed the anti-doping rule violation set out in CADP Rule 7.24, namely, refusing to submit to sample collection;
(2) The period of ineligibility imposed for this violation, Mr. Kelleher's first anti-doping rule violation, shall be two years, as required by CADP Rule 7.25;
(3) Mr. Kelleher shall, in addition, be permanently ineligible to receive any direct financial support provided by the Government of Canada, in accordance with CADP Rule 7.37.
