ORC Rules On Cullen Appeal

The Ontario Racing Commission has ruled on an appeal and request for hearing from driver Al Cullen

.

On October 20, 2009, a follow-up test saliva sample taken from Cullen at Windsor Raceway, resulted in a positive, in violation of Rule 36.08 (c) (i) of the Rules of Standardbred Racing, (first offence).

On October 30, 2009, Standardbred Ruling 176/2009 was issued against Cullen.
The penalty imposed was as follows:

• i. a $500 fine, and
• ii. a suspension of 15 days.

Further, on November 5, 2009, Standardbred Ruling Number 177/2009 was issued against Cullen for violation of both:

• i. a Probation Order contained within amended Ruling Number COM SB 015/2008, dated May 12, 2008 at Toronto Ontario, and
• ii. a Post-Violation Agreement between Cullen and the ORC dated October 4, 2009 at Windsor Ontario.

The sanctions imposed against Cullen in the ruling were as follows:

• i. a suspension of licence, and
• ii. a referral to the commission.

On November 6, 2009, Cullen applied for a hearing to be reinstated. On November 19, 2009, a panel of the ORC, consisting of chair Rod Seiling, was convened to hear the matter.

Cullen appeared in person at the hearing. Cullen was self-represented. Anthony Williams appeared as counsel for the administration.

Upon reading the exhibits filed and upon hearing the evidence of witness, Dr. Iris Greenwald, MD., Medical Review Officer, called by the administration, and upon hearing the submissions of Cullen, Pauline Stanczuk and counsel for the administration, the panel ordered as follows:

• i. $2,000 fine;
• ii. six-month suspension;
• iii. Cullen must enroll in a substance abuse program approved by both the ORC and Driver Check;




• iv. Cullen will not be eligible for licensing until a substance abuse representative appears before the Panel and assures that Cullen:




• a. has provided a negative return to duty test;
• b. has undergone a complete addiction assessment;
• c. has followed through on the recommended substance abuse plan;
• d. has provided proof of ongoing substance abstinence;
• e. has signed a declaration that any and all prescriptions must be disclosed both to the ORC and the substance abuse professional;
• f. has agreed to utilize one medical and one dental professional from whom he may receive scripts, except in the case of an emergency;
• g. may only use prescription medications that have been scripted in the past 365 days of being written.




• v. Cullen will be subject to random drug testing, at his cost, at any time.
• vi. Upon reinstatement of his licence, Cullen must sign a Post-Violation Agreement.
• vii. Upon signing the Agreement, Cullen will be placed on probation for two years. While on probation, Cullen must:




• a. keep the peace and be of good behaviour.
• b. commit no further violations of the ORC Alcohol and Drug offences – Human provisions as set out in Chapter 36 of the Rules of Standardbred Racing.




• viii. Any violation of the:




• (i) Order of the Commission
• (ii) The Post-Violation Agreement, or
• (iii) The Order of Probation;




• will result in an automatic suspension of two years.

The panel's oral reasons for decision can be reading the official copy of the ruling, which can be viewed here.

(With files from the ORC)