SDRCC 2010 CCES vs Brandon Krukowski

Facts
The Canadian Centre for Ethics in Sport (CCES) alleges Brandon Krukowoski for committing an anti-doping rule violation. The athlete failed to submit to sample collection during an out-of-competition doping control on March 31, 2010 in Waterloo, Ontario. The athlete requests subsequently to revoke the Waiver of Hearing Form send in by by the athlete, which resulted in a finding that an athlete was guilty of an anti-doping rule violation, with the result that the athlete would get a new hearing on the issue of whether he had, in fact, committed an anti-doping rule violation.

History
On 31 March 2010 a Doping Control Officer (DCO) and a Chaperone assigned by the CCES attended the Athlete’s residence at 7:14 a.m. for the purposes of conducting out-of-competition doping control testing pursuant to the CADP. The Athlete informed the DCO that he was no longer a member of the University of Waterloo football team due to injury. He refused to be tested despite being warned of the consequences of refusing. He send in a Waiver of Hearing form in which he I accepts the sanction for this violation which is four (4) years of ineligibility and waives his right to a hearing.

Decision
The request to revoke the waiver is denied. Because the waiver was validly given, the Player’s acknowledgement that he committed an anti-doping rule violation, his acceptance of the sanction proposed by the CCES, and the resulting decision of the CCES stand, a period of four (4) year ineligibility commencing on 24 May 2010 (day of sending in the waiver) till 24 May 2014.

Original document

Parameters

Legal Source
National Decisions
Date
25 August 2010
Arbitrator
Mew, Graeme
Original Source
Sport Dispute Resolution Centre of Canada (SDRCC) - Centre de règlement des différends sportifs du Canada (CRDSC)
Country
Canada
Language
English
ADRV
Refusal or failure to submit to sample collection
Legal Terms
Fair trial / procedural fairness
Period of ineligibility
Waiver of "right to be heard"
Sport/IFs
American Football (IFAF) - International Federation of American Football
Other organisations
Canadian Centre for Ethics in Sport (CCES)
Canadian Interuniversity Sport (CIS)
Canadian University Sports (U Sports)
Sport Dispute Resolution Centre of Canada (SDRCC)
Document type
Pdf file
Date generated
8 November 2013
Date of last modification
24 September 2020
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