Related cases:
SDRCC 2012 CCES vs Derek Plug
January 9, 2013
SDRCC 2018 CCES vs Derek Plug
August 2, 2019
SDRCC 2020 Derek Plug vs CCES - Appeal
March 31, 2020
In February 2018 the Canadian Centre for Ethics in Sport (CCES) has reported an anti-doping rule violation against the bobsledder Derek Plug after his A and B samples tested positive for the prohibited substance Methyltestosterone as a second anti-doping rule violation. After notification the Athlete accepted a provisional suspension and requested for a hearing.
In this case CCES granted the Athlete several extensions but became concerned with the ongoing delays attributed to the Athlete, while he failed to dispute the asserted violation and to retain a lawyer within the set 30 day time period by 16 July 2018. Consequently the CCES deemed on 18 July 2018 that the Athlete had waived his right for a hearing, to have accepted the violation and the proposed 8 year period of ineligibility.
Hereafter the Athlete appealed the CCES decision with the SDRCC Doping Appeal Panel. The Athlete asserted that the deemed waiver must be set aside because he was denied procedural fairness. The CCES contended that it had appropriately applied the deemed waiver provision because the Athlete never asserted his right to a hearing within the specified time.
The Arbitrator considered the deliberations and communications between the parties in this case and established that there were inconsistencies and technical difficulties that prevented the Athlete to take notice of the latest letter regarding the set deadline before 16 July 2018. The Arbitrator holds that in the situation the Athlete was aware of the deadline before 16 July 2018 he could have communicated his intention to proceed to a hearing in time.
Accordingly, applying the principles of natural justice and procedural fairness the SDRCC Anti-Doping Appeal Tribunal decides on 6 November 2018 that the decision by CCES deeming the Athlete to have waived his right to a hearing is set aside.
