Discipline Committee Members:
Patricia Murray, Athletic Director, York University - Chair
Coleen Dufresne, Athletic Director, University of Manitoba
Sandy Slavin, Athletic Director, University of Lethbridge
Liz Hoffman, Athletic Director, University of Toronto
Bob Dubeau, Athletic Director, McGill University
Clint Hamilton, Athletic Director, University of New Brunswick

PROCESS:
In accordance with Section 90.40 - Conduct and Enforcement: Complaints, Investigation and Discipline Policy of the 2002 Canadian Interuniversity Sport (CIS) Policies and Procedures, the CIS Discipline Committee determined on January 9 that the scope of involvement and responsibility regarding the previously determined breach of CIS Regulations associated with the participation of two ineligible men's hockey players in a non-conference competition against Lakehead University extended beyond the then head coach of the program. The rules in question include:

Section V - Code of Ethics
B.1(a) - Responsibilities of Directors of Athletics and Coaches (OM/39 - Sept. 2001): It is the moral and ethical responsibility of the Director of Athletics and the coach to be completely cognizant of the spirit and intent of all Eligibility Rules governing interuniversity sport and it is their professional responsibility to convey to all athletes the rationale and philosophical persuasion of any rule in question.

Section VII - Eligibility Rules
Preamble (paragraph 5 on OM/67): The institution is responsible for placing only Canadian Interuniversity Sport eligible athletes into Canadian Interuniversity Sport competition.
Principle 1.2 (item 7 on OM/68): Canadian Interuniversity Sport competitions shall include only athletes acceptable to Canadian Interuniversity Sport as eligible.

A.1.1 - Canadian Interuniversity Sport Eligibility Rules (OM/68): These rules shall apply to all athletes participating in Canadian Interuniversity Sport competition, inclusive of Regional Association, Conference, and non-Conference competition in any sport in which Canadian Interuniversity Sport recognizes, conducts and awards a national championship.

B.3.(d) - Academic Requirements (OM/70): Any student-athlete who is ineligible to compete in Canadian Interuniversity Sport competition because the athlete is no longer a student in good standing, must, over and above previously attained academic credits, successfully complete within an academic year; three full courses, or six half courses, or eighteen semester hours at a recognized post-secondary institution where courses are recognized for credit at the member institution registering the Canadian Interuniversity Sport athlete.

C.3(a) - Maximum Years (OM/73): An athlete shall be allowed to participate in CIS competition for five years.

DETAILS:

• On August 21, 2001, the CIS Eligibility Committee denied a Brandon University compassionate appeal regarding a student-athlete who was not eligible for CIS participation; the student-athlete was ineligible as a result of not satisfying CIS academic requirements.



• On December 7 & 8, 2001, two ineligible athletes participated with the Brandon University ("Brandon") men's ice hockey team during a non-conference competition against Lakehead University.



• On December 20, 2001, Brandon University submitted its first self-disclosure related to the participation of an ineligible athlete who had previously consumed his CIS eligibility (CIS Regulation C.3.a).



• On January 29, 2002, the CIS Discipline Committee rendered its decision regarding the facts, determinations, and imposed sanctions related to Brandon's December 20 self-disclosure; the matter was considered to be closed.



• On February 21, 2002, Brandon University submitted a second self-disclosure related to the participation of another ineligible athlete, who had not satisfied CIS academic requirements (CIS Regulation B.3.d); this student-athlete was the subject of the August 21, 2002, compassionate appeal that was denied.



• On April 30, 2002, the CIS Discipline Committee received a report from the CIS Complaints and Investigations Committee setting out a formal charge concerning Brandon's second self-disclosure.



• On July 23rd, 2002, the Discipline Committee convened an oral hearing and invited the participation and submissions of all parties, including the University's Director of Athletics and Coach; the delay between the receipt of the formal charge and the holding of the hearing was a result of accommodating the schedule of all individuals who wished to participate in the hearing.



• During the course of the July 23 hearing, the Coach through legal representation, provided information, which if substantiated, would be relevant to the Discipline Committee's consideration of the matters in issue; the information had not previously been disclosed to the Complaints and Investigations Committee nor, as a result, did the parties concerned have an opportunity to provide a response to the Coach's allegations.



• In light of the above, the complaint was remitted to the Complaints and Investigation Committee, with a request that the Record be re-opened to investigate the allegations raised by the Coach and to determine whether the formal charge, and the Record to be placed before the Discipline Committee, required amendment.



• On November 4, 2002, the Discipline Committee convened an oral hearing and invited the participation and submissions of all parties; the stated purpose of the hearing was to hear the formal charge that was prepared on April 30, 2002; it was also noted to the parties that the Discipline Committee may or may not make a recommendation to file a complaint against the former Athletic Director (who had since left his position as Athletic Director to take on a full-time teaching position within the University) or any other individual with respect to additional or different breaches.



• On December 3, 2002, the Discipline Committee rendered its decision regarding the involvement and responsibility of the Coach in the breach of CIS Regulations by Brandon University.



• On December 19, 2002, the Discipline Committee received a formal charge and Record from the Designate of the CIS President responsible for doing so, regarding the involvement and responsibility of the former Athletic Director in the breach of CIS Regulations by Brandon University.



• During the December 19 hearing, conflicting statements and factual allegations arose with respect to the involvement of the former Athletic Director. After weighing all of the evidence, the Committee concluded that one essential fact upon which all parties agreed was that the former Athletic Director had driven two athletes (one of them ineligible) from Brandon University to the Winnipeg International Airport in order to catch a plane to the competition at Lakehead. The ineligible athlete was carrying hockey equipment at the time. It was further conceded that the cost of the ineligible student's flight was paid for by the University.



• With the exception of the participants in these breaches (student-athletes, the former coach, and the former Athletic Director), Brandon University declined to participate in any of the scheduled hearings during the current 2002-2003 academic year.

IT IS DETERMINED THAT:

1. Ken Friesen breached his responsibilities as the former Athletic Director of Brandon University with regards to ensuring athlete eligibility. More particularly, with respect to his direct participation in transporting the ineligible student-athlete to the competition site and his failure to pursue a line of questioning or discussion with the ineligible student-athlete that would have explicitly noted his intention to participate in the competition against Lakehead University.



2. The student-athlete was an unwitting participant in the breach and did not deliberately seek to circumvent CIS Eligibility Rules.

THE FOLLOWING SANCTIONS ARE IMPOSED:

1. Brandon University is hereby fined in the amount of $5,000 for the errors that led to the breach of CIS regulations, payable by February 25, 2003.



2. Brandon University shall undertake such procedural, structural or other changes as may be required to minimize the chance of future violations, and shall provide a progress report regarding its efforts to the CIS by February 25, 2003.



3. Brandon University shall pay to the CIS its costs of these proceedings within 30 days of being provided with an accounting thereof.



4. Ken Friesen is prohibited from representing Brandon University in any capacity at a CIS sanctioned event or function for a period of one year, inclusive of CIS competitions, and meetings of the General Assembly and CIS Committees.

The Discipline Committee also recommends that Brandon University take a more active role in such matters in the future, noting that the University declined to provide representation at any hearings subsequent to the departure of the former Athletic Director.

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