RULING NUMBER COM TB 005/2015
COMMISSION HEARING TORONTO, ONTARIO – JUNE 4, 2015
NOTICE OF DECISION
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
JAMES MCALENEY
James McAleney, licence # 115861, appeared before the Ontario Racing Commission (“ORC”) pursuant to Ruling Number TB ADMIN 08/2015.
Date of Hearing: June 4, 2015
ORC Panel: Anthony Williams, Vice Chair
Representative for the Appellant: Robert King, Executive Director Jockey’s Benefit Association
Counsel for the Administration: Catalin Tripon
Decision:
The Panel accepted a Joint Submission for Disposition.
Order to go as set out in the Joint Submission for Disposition at paragraph 27 a. to d. and i. to viii. and at paragraph 28, as follows:
Pursuant to TB Rule 38.08(iii), the Parties to these proceedings jointly submit that the following dispositions would be appropriate for the matter:
- McALENEY shall pay the $1,800 fine. The payment of fine is a condition precedent to reinstatement;
- McALENEY and the ORC shall execute an Extended Post-Violation Agreement for a period of five (5) years that will specifically refer to the policy of “zero tolerance” to alcohol and drugs. The execution of the Extended Post-Violation Agreement is a condition precedent to reinstatement;
- Following the completion of the conditions precedent, the Parties jointly request that the licence of McALENEY be reinstated;
- Following the reinstatement, and during the entire duration of the Extended Post-Violation Agreement:
i. McALENEY shall fully comply with the Extended Post-Violation Agreement;
ii. McALENEY shall keep the peace and be of good behaviour;
iii. McALENEY shall seek the assistance of a Substance Abuse Professional and comply with any professional recommendations provided by him/her;
iv. McALENEY may be required to seek the assistance of a Sport Psychologist in dealing with his alcohol addiction issue;
v. McALENEY shall allow Commission investigators to conduct unannounced random testing to check compliance with the Extended Post-Violation Agreement, bearing the costs of such testing;
vi. McALENEY agrees to personally keep the ORC, via the Program Administrator, informed of any breach of his license conditions;
vii. McALENEY shall provide to the ORC information related to his whereabouts through the Program Administrator prior to departing from the province of Ontario, and shall consent to the ORC arranging for alternate testing, as required by his Extended Post Violation Agreement, while out of province, and the cost of such testing shall be paid by McALENEY;
viii. If McALENEY leaves the province of Ontario for any reason, he agrees that the ORC shall have the discretion to prolong the term of the Extended Post-Violation Agreement unilaterally, for a period equal with the period of McALENEY’s absence from Ontario.
- Failure to comply with any of the above conditions for the entire duration of the Extended Post-Violation Agreement will result in the revocation of the jockey licence by the Executive Director and ineligibility to apply for a new licence in any safety sensitive position for a period of five (5) years following the revocation of the jockey licence.
Dated June 3, 2015.
Original signed by:
Catalin R. Tripon
Counsel for the
James McAleney
Ontario Racing Commission
A transcript with the Panel’s oral Reasons for Decision is attached to this Notice.
DATED at Toronto this 18th day of June 2015.
Steven Lehman
Executive Director
ONTARIO RACING COMMISSION
THOROUGHBRED HEARING
IN THE MATTER OF THE THOROUGHBRED RULING
TB ADMIN 08/2015 – JAMES McALENEY
AND IN THE MATTER OF THE REFERRAL TO THE COMMISSION
FOR DIRECTING THE IMPLEMENTATION OF RESTORATIVE
JUSTICE MEASURES BY WAY OF AGREED STATEMENT OF FACTS
AND JOINT SUBMISSION FOR DISPOSITION
Held Before:
Anthony Williams Vice-Chair of Ontario
Racing Commission
This is an excerpt of the proceedings in the
above-mentioned matter held before The Ontario
Racing Commission, re JAMES McALENEY, taken before
Toronto Court Reporters, Suite 1410, 65 Queen Street
West, Toronto, Ontario, and held at 10 Carlson Court,
Suite 400, Toronto, Ontario, on the 4th day of June,
Appearances:
Catalin Tripon for Ontario Racing Commission
Administration
Robert King for James McAleney
Hearing continued:
THE CHAIRMAN: This portion will be much briefer. I have had the opportunity to read the materials that are filed as our Exhibits Number 1 and 2. They are very thoroughly prepared. You have a challenging journey ahead of you, I wish you the best. I am going to make what we describe as an Order to go in the words of the Joint Submission that have been kindly read in by Mr. Catalin Tripon and that will be the disposition, and I thank both parties for their excellent preparation of these materials. Is there anything else?
MR. TRIPON: Nothing further, Mr. Chair.
MR. KING: Just one thing, on the fine, the $1,800.00 fine. Now I know that the licensee can’t be paying a fine for another licensee but the Jockeys Benefit Association has offered to loan Mr. McAleney the $1,800.00 to pay his fine and that loan will be paid back based on his earnings from Woodbine. Would it be possible for the Jockeys Association to pay directly to the ORC? Are you in agreement?
MR. TRIPON: We do not take issue on that as long as we will have a written document indicating that the payment is done on his behalf.
MR. KING: We’ve got a loan agreement signed by my director and also to be signed by James McAleney as well if you want a copy of that.
MR. CHAIRMAN: I have very limited experience in the real world since the burden under paragraph 27 subsection (a) of the Joint Submission for Disposition says Mr. McAleney shall pay the $1,800.00 fine, I would be leaning towards the position, although the parties will ultimately decide, that it might be wiser for Mr. McAleney to be the individual who makes the actual payment to the Racing Commission.
MR. KING: Okay. We’re just trying to be transparent on the exchange of funds from our account to James McAleney to the Commission.
MR. CHAIRMAN: But that would be my leaning. I have no background in the civil court system.
MR. TRIPON: Whether the payment is done by Mr. McAleney or by the Association on his behalf, as long as we have a document indicating that that’s the way the payment is done, that the payment is for the fulfilment of this particular requirement of the Joint Submission, we do not take issue on that kind of action so we would accept—
MR. KING: Yeah, this is a loan, not a gift.
MR. TRIPON: If it is a loan, most probably it’s a loan, so the agreement is most probably between the Association and Mr. McAleney.
MR. KING: Correct.
MR. TRIPON: Most probably Mr. McAleney will make the payment himself and that loan with all the conditions are not something that ORC is interested to find as long as you don’t. . .the Association is not making the payment on his behalf, so that is a contract between outside parties.
MR. KING: Correct.
MR. TRIPON: As long as Mr. McAleney pays us, we do not need to see the document. If the Association pays us on behalf of Mr. McAleney, then we would like a copy of the document.
MR. KING: He’d prefer for us to do it on his behalf.
MR. TRIPON: We are okay with that as long as we have a copy.
MR. KING: Okay, thank you.
MR. CHAIRMAN: Mr. King, one further question, if I may. What would your official title be in the year 2015?
MR. KING: Executive Director of the Jockeys Benefit Association.
MR. CHAIRMAN: Is there anything further?
MR. TRIPON: Nothing further, Mr. Chair.
MR. KING: Thank you very much.
CERTIFIED CORRECT:_________________________
CHARLENE MASSEY, CVR, CM