Ontario Racing Commission
MAY 16, 2011
RULING NUMBER COM TB 005/2011
COMMISSION HEARING TORONTO, ONTARIO – MAY 16, 2011
IN THE MATTER OF THE RACING COMMISSION ACT S.O. 2000, c.20;
AND IN THE MATTER OF THE APPEAL AND REQUEST FOR HEARING
OF THOROUGHBRED LICENSEE RICHARD MORROW
Thoroughbred licensee Richard Jason Morrow, (“MORROW”), is licensed with the Ontario Racing Commission (“ORC”) as an apprentice jockey, (ORC licence #102829).
On October 12, 2010, MORROW was required to provide saliva samples for testing.
On October 15, 2010, the ORC was advised that the test result for MORROW’S sample was positive for marijuana.
On October 18, 2010, the Deputy Director issued Ruling TB ADMIN 84/2010 which suspended MORROW from performing his duties and required him to appear before the Commission pursuant to Rule 38.08 (c)(ii).
On April 19, 2011, MORROW submitted an Application for Reinstatement.
On April 22, 2011, MORROW completed a Return to Duty Test. As a result, a Notice of Hearing was issued scheduling the hearing for May 16, 2011.
On May 16, 2011, a Panel of the Ontario Racing Commission was convened consisting of Chair Rod Seiling.
Angela Holland appeared as counsel for the Administration. MORROW attended in person and was self-represented.
Upon hearing the testimony of Investigator Pam Bray, upon reviewing the exhibits filed and upon hearing the submissions of counsel for the Administration and of MORROW, the Panel ordered the following:
a) MORROW must pay all outstanding fines and/or accounts owing to the Commission;
b) Once MORROW’S outstanding fines and/or accounts have been paid, he can be licensed as an exercise rider for one year, with the following conditions;
i. MORROW must enter a new post-violation agreement with the usual conditions for 2 years;
ii. In the event of another positive test MORROW will be automatically suspended for 1 year, and if MORROW reapplies for a licence, its acceptance will be at the discretion of the Director;
c) Following his one year as an exercise rider if Ms. Bray and Ms. Moretti are of the opinion that MORROW is worthy of obtaining a jockey’s licence MORROW can reapply for a jockey’s licence and its acceptance will be at the discretion of the Director; and
d) With respect to MORROW’S allegations of sexual hazing and assault, Ms. Bray will investigate the allegations and provide a report to the Deputy Director.
A transcript with the Panel’s Oral Decision is attached to this Ruling.
Dated at Toronto this 5th day of July, 2011.
BY ORDER OF THE COMMISSION
John L. Blakney
Executive Director
ONTARIO RACING COMMISSION
STANDARDBRED HEARING
IN THE MATTER OF AN APPEAL AND REQUEST FOR HEARING OF RICHARD MORROW,
Held Before:
Rod Seiling, Chairman
These are an excerpt of the proceedings in the above mentioned matter held before The Ontario Racing Commission, Re: RICHARD MORROW, taken before Toronto Court Reporters, Suite 1410, 65 Queen Street West, Toronto, Ontario, at 10 Carlson Court, Suite 400, Toronto, Ontario, on the 16th day of May, 2011.
Appearances:
Angela Holland,
for the Ontario Racing Commission Administration
Hearing continued ...
MR. CHAIRMAN: I'm going to ask Ms. Moretti. I don't think we have ever done anything where we have licensed somebody with outstanding payments due, have we. I'm really troubled with setting a precedent here because where does it start and where does it stop. I'm certainly prepared to grant you your license as an exercise rider on the condition that you then enter into another post violation agreement and that you be tested at random again at your cost as before, that if you do another positive test your license will automatically be suspended for one year.
MR. MORROW: But now sir, if I go back to work and I get tested right away I'm not going to be able to pay for it. Like I'm thousands of dollars in debt and my car just broke down. I don't even know what to do. I was just here hoping I could get my exercise license back, pay off some of my fines and maybe be able to ride again.
MR. CHAIRMAN: But the problem I've got is that we don't allow people to get their license back while having outstanding fines owing or accounts owing to this Commission. If we did that we would be in the collection business and we are not in the collection business. So I'm prepared, as I said, to give you - and surely you understand why we would want the right and need the right to have you tested.
MR. MORROW: I have no problems in that.
MR. CHAIRMAN: And if you were selected of course it would be at your cost but there is the issue of $601.70 so I am going to make my ruling contingent on you paying that off in advance and then you can be licensed on the basis that I have outlined earlier, post violation agreement, randomly tested and that if you do test positive you will automatically be suspended for one year and have to reapply and it would be at the discretion of the Director as to whether you would be relicensed and you will have to work out with Ms. Bray and Ms. Moretti the post violation agreement for the usual conditions that would apply.
MS. HOLLAND: Just to confirm, Mr. Chair, the post violation agreement will be extended for one year?
MR. CHAIRMAN: It's usually two isn't it?
MS. HOLLAND: Two.
MR. CHAIRMAN: I want this one for two years.
MS. HOLLAND: Two years? Okay and ‑‑
MR. CHAIRMAN: But if he violates it by testing positive he will automatically be suspended for one year.
MS. HOLLAND: One year and then with respect to ‑‑
MR. CHAIRMAN: There has to be some deterrent in here.
MS. HOLLAND: With respect to the licenses he would be licensed as an exercise rider only?
MR. CHAIRMAN: Exercise rider only.
MS. HOLLAND: For one year or for two years?
MR. CHAIRMAN: One year.
MS. HOLLAND: Okay.
MR. CHAIRMAN: And if Ms. Bray and Ms. Moretti are of the opinion that he is worthy of getting his jockey's license back he can reapply and whether the Administration wants to have a hearing to that effect that will be up to them. It is at the discretion of the Director again.
MS. HOLLAND: I think that's what we normally do. After one year he can reapply for a license to have it changed.
MR. CHAIRMAN: And then again if the Director chooses no then he has got a right to appeal.
MS. HOLLAND: Okay.
MR. CHAIRMAN: It's at the discretion of the Director. So if you can find the money to pay off your fines ‑‑
MR. MORROW: Well, I'm probably not going to come back now.
MR. CHAIRMAN: Well, sir, I have no choice.
MR. MORROW: No, I know but I would like to follow up on Pamela's check into the sexual hazing and assault in the jock's room.
MS. BRAY: I will need the information from you on that.
MR. CHAIRMAN: I'm sure at the end of this hearing that I'm going to see Ms. Bray ‑‑
MS. BRAY: Again.
MR. CHAIRMAN: In another ten minutes but she might be able to get the information you have talked about but you will have to wait around until after the next hearing. Okay?
MR. MORROW: Thank you, sir.
MR. CHAIRMAN: You're welcome.
CERTIFIED CORRECT:_________________________________
RAYMOND P. MACDONALD, B.A., CVR
Commissioner of Oaths