Friday, 19 October 2007

Sanctions to Acadia Upheld by Judicial Review Committee

FOR IMMEDIATE RELEASE
Thursday, October 18, 2007

Sanctions to Acadia Upheld by Judicial Review Committee

October 18, 2007 (HALIFAX, NS) - Atlantic University Sport has announced the additional sanctions issued to Acadia University relating to the Canadian Interuniversity Sport (CIS) determination that Acadia was in breach of CIS Regulations, specifically with respect to the participation of an ineligible men’s basketball student-athlete in 14 competitions during the 2006-07 season, have been upheld by the Atlantic University Sport Judicial Review Committee.

In addition to the original sanctions issued by Canadian Interuniversity Sport, the following sanctions were imposed by Atlantic University Sport:

1. Acadia is fined $1,000 for the errors and deficiencies that led to the breach of CIS regulations.
2. Men's Basketball Head Coach Les Berry is suspended until January 1, 2008. The suspension includes all exhibition and league play from the beginning of the 2007-08 playing season until January 1, 2008.
3. Mr. Berry's Atlantic University Sport conference Coach of the Year award for the 2006-07 season has been revoked.
4. Mr. Berry will be on probation for the next two seasons in which he is, in any way, actively involved in Atlantic University Sport competition.
5. All wins recorded by the Acadia men's basketball program in league games in which the ineligible men's basketball student-athlete participated will be forfeited and recorded as 2-0 victories for the respective opponents. The final 2006-07 standings will be adjusted to reflect these changes.
6. The Acadia department of athletics will be on probation for a period of two years.
7. Acadia shall pay to Atlantic University Sport its costs of the proceedings within 30 days of being provided with an accounting thereof.

It is from this decision of Atlantic University Sport that Acadia and Coach Berry appealed.

That Appeal was filed with the Chair of the AUS Judicial Review Committee (“JRC”) by way of a letter dated August 10, 2007. The JRC is a 3-person committee comprised of Mr. Ron MacDonald (Chair), Mr. Tony Martin and Mr. Jack Drover.

Acadia requested an in-person hearing and this hearing was held on September 6, 2007. Present for Atlantic University Sport at the hearing were Dr. David Murphy, President, and Executive Director, Mr. Phil Currie. Representing Acadia University were Mr. Brian Heaney, Director of Athletics, and men's basketball coach Les Berry. Both parties presented their respective positions at this hearing and agreed that the JRC decision would be binding on each party.

The JRC concluded this is a situation of a very severe breach of the most fundamental rules in university sport, eligibility, and that Mr. Berry's actions called for a significant sanction. The CIS penalty did not, in this Panel's view, meet the necessary principles of what is expected of a coach in Atlantic University Sport. The Panel determined the sanctions imposed by Atlantic University Sport were appropriate and does not believe the decision should be interfered with.

The original CIS decision on this matter can be found at: http://www.universitysport.ca/e/discipline/documents/Acadia.pdf

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For further information, please contact:

Phil Currie
Executive Director, Atlantic University Sport
W: 902-425-4235
C: 902-471-7609
E: pcurrie@atlanticuniversitysport.com

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