IN THE MATTER OF THE RACING COMMISSION ACT, S.O. 2000, c.20;
AND IN THE MATTER OF
STANDARDBRED DRIVER/TRAINER/OWNER CARVER SULLIVAN
Standardbred Driver/Trainer/Owner Carver Sullivan (K6181) appeared before the Ontario Racing Commission on October 25, 2004, pursuant to Rule 6.38(e) (ii) of the Rules of Standardbred Racing.
Chair Lynda Tanaka presided at the hearing. Mr. Sullivan represented himself and Tim Snell represented the Administration.
On reading the Exhibits filed on behalf of the Administration and Mr. Sullivan, upon hearing the evidence of Mr. Sullivan and the submissions of the parties, the Ontario Racing Commission ruled as follows:
Mr. Sullivan’s licence as Driver/Trainer/Owner is fully suspended forthwith until July 31, 2005;
Mr. Sullivan’s licence as a Driver is further suspended for an additional 6 months, from July 31, 2005 until January 31, 2006;
Mr. Sullivan’s licence as a Trainer/Owner will be placed on probation for one year, from July 31, 2005 until July 31, 2006 and his licence as a Driver will be placed on probation for 6 months, from January 31, 2006 until July 31, 2006.
The terms of this probation are to be the terms and conditions to Mr. Sullivan’s licence imposed by Ruling SB COM 001/2004, dated January 22, 2004, which in turn incorporated those imposed by Ruling COM SB 17/2002, dated August 29, 2002, except for requirement #2 in Ruling COM SB 17/2002 that he provide updated reports of his progress at the rehabilitation program every 14 days, and, for greater clarity, the terms of probation are as follows:
(a) He must complete his current residence rehabilitation program at Brentwood Recovery Home (“Brentwood”) and complete any further rehabilitation its counselors recommend;
(b) On his return to racing, he must provide a weekly urine sample for 6 consecutive weeks at his own expense to a laboratory approved by the Commission. The results of the tests must be forwarded to the Director of Racing;
(c) On his return to racing, he shall make inquiries with the Paddock Judge each and every time he races, whether or not the Ontario Racing Commission’s (“ORC”) drug testing unit is present at the racetrack where he is working;
(d) On his return to racing, he must present himself for testing to the ORC drug testing unit each time it is at a racetrack where he is working;
(e) He must abstain from all non-prescription drugs and provide a written undertaking to do so;
(f) In addition to the above, after Mr. Sullivan has graduated from Brentwood’s residential program, Mr. Sullivan must remain in Brentwood’s program of follow up meetings and continued counseling for the entire period of his probation until July 31, 2006;
(g) Failure to fulfill any of the above conditions will result in immediate licence suspension.
The Commisison gave oral reasons for decision, a transcript of which is attached and forms part of this Ruling.
DATED this 29th day of October, 2004.
BY ORDER OF THE COMMISSION ___________________________
John L. Blakney
Executive Director