Facts
Cecil Russell had applied for a reduction in his lifetime sanction.
History
Cecil Russell a successful swimmer in the past was in various ways a swimming coach, because of possession and trafficking anabolic steroids he was sanctioned for period of ineligibility for life. The sanction was lifted, but imposed again because of violation of the ban.
Submissions Cecil Russell
Russell submits that the penalty he is currently serving is excessive and that accordingly, it would be appropriate to reduce the length of the sanction to between 4 and 8 years from the time of the imposition of the sanction. The effect of such a decision would be the immediate cessation of the ban.
Russell's counsel further submits that relevant factors to look at in determining whether or not it would be appropriate to reduce his sanction include the fact that: Russell never supplied drugs to an athlete; Russell has abided by the terms of the ban; Russell's children are swimmers and he would like to be able to coach them; and also the ban has been in place for a sufficient time period.
He makes his living as a private trainer and consultant in the fields of nutrition and dry land training for conditioning and swimming;
- His training is not conducted within the umbrella of any member group of SNC or Swim Ontario ("SO");
- His training has been provided under private contract to individuals in facilities either owned or rented by him or his numbered company.
- He did coach in Spain, but the restriction of the International Swimming Federation (FINA) was not valid in that country.
- The sanction is a restraint of trade principle.
Submissions CCES
- CCES emphasis that no person who has been declared ineligible may participate "in any capacity in a Competition or activity [...] authorized or organized by a Stakeholder or any Signatory, Signatory's member organization or a club.
Submissions of SNC
- SNC adopts the submission of the CCES.
- SNC submits that there is ample evidence demonstrating that Russell breached or violated the ban, all of which is relevant to determining the reduction of his sanction and justifying no reduction.
- Alleged incidents of violation include coaching activities of Russell with Canadian swimmers who are affiliates of Swim Ontario (SO).
- SNC states that if the sanction violates the restraint of trade principle, it is reasonably justified to protect the interest of sport.
Considerations arbitrator
- It is at times, difficult to determine whether members of the Oakville Dolphins, when participating in training and/or activities related to competitions, were doing so as members of the Oakville Dolphins or as athletes working with Russell under his personal services contract.
- Russell assisted and trained members of the Oakville Dolphins at the Mare Nostrum before and after races and during practice sessions.
- It is clarified that his training were conducted as a private trainer no associated with the SO.
- Training his owns children is not seen as violating his sanction.
Decision
- The lifetime ban imposed upon Russell and the banned activities arising therefrom as modified by the parties is reduced to a ban for three more years beginning on 10 September 2012 for a total of 15 plus years from its outset in 1997.
- The last one and a half years of the said 3 more years of the ban will be suspended in the event that for the first year and half of the continuance of the ban imposed by this Award Russell abides by both the absolute letter of the ban and the spirit of what the ban stands for and intends to accomplish. If he is free of breaches of any kind then the ban will cease one and one half years from the date of the hearings in this proceeding and would be terminated on 9 March 2014.
