Australian Olympic Committee Boots Nick D’Arcy From Beijing Roster, Again

SYDNEY, Australia, June 11. LESS than two weeks after being given one last chance by the Court of Arbitration for Sport to secure a spot on the Australian Olympic roster, Nick D'Arcy has had his last appeal rejected by the Australian Olympic Committee (AOC). The response, shown in its entirety below, concludes a long saga began when D'Arcy was allegedly involved in a drunken bar fight shortly after gaining a spot on the roster.

Here is the AOC's complete release regarding D'Arcy's termination from the Australian Olympic roster:

On 2 June 2008 the Court of Arbitration for Sport (CAS) remitted a matter for decision by the Australian Olympic Committee (AOC) under the 2008 Team Membership Agreement with Nicholas D'Arcy for it to consider the exercise of the discretion to terminate Mr D'Arcy's membership of the Team under the power set out in Clause 2 of the 2008 Team Membership Agreement.On Tuesday 3 June 2008 and in accordance with Clause 15.6 of the AOC Constitution, the AOC's Secretary General issued a notice to convene a meeting of the AOC Executive on Wednesday, 11 June 2008.The meeting was held at Level 30, 400 George Street Sydney with video conference links to Melbourne, Brisbane and Launceston and was attended by the following members of the AOC Executive:

Ron Harvey Chairman
Kevan Gosper (by video conference – Melbourne)
Phil Coles
Peter Montgomery
Michael Wenden (by video conference – Brisbane)
Helen Brownlee
Doug Donoghue
Russ Withers (by video conference – Melbourne)
Lynne Bates
Ian Chesterman (by video conference – Launceston)
Nick Green (by video conference – Melbourne)
Tom King
Victoria Roberts
Craig Phillips (non voting Executive member)

The AOC President, Mr John Coates, elected not to participate in the meeting and Vice President Ron Harvey was delegated to preside over the meeting.

The AOC invited Mr D'Arcy to make a submission relating to his membership of the 2008 Australian Olympic Team. This submission was distributed to the members of the AOC Executive on Friday 6 June 2008 together with the CAS Partial and Final Awards, NSW Police Facts sheet and bail conditions and a letter requesting submission from Nicholas D'Arcy.

On Tuesday 10 June 2008 the AOC distributed two further documents to the members of the AOC Executive – Nicholas D'Arcy's amended bail conditions and a letter of legal advice from the AOC's lawyers about the principles applicable to the exercise of its discretion.

On Wednesday 11 June 2008 the AOC distributed a further document to the members of the AOC Executive – a further submission in response from Nicholas D'Arcy to the advice from the AOC's lawyers.

By invitation Nicholas D'Arcy and his legal representatives attended the meeting to address the members of the AOC Executive on the issue of his termination from the 2008 Australian Olympic Team.

Following their address, Nicholas D'Arcy and his legal representatives left the meeting. Each member of the AOC Executive was then invited to speak to the issue and jointly discuss the decision. The views expressed by the AOC Executive resulted in the following resolution:

That Nicholas D'Arcy's membership of the 2008 Australian Olympic Team be terminated.

This resolution was passed unanimously.

We have approached this matter based on the standards of behaviour expected of a member of the Australian Olympic Team, drawing on our many years of collective experience.

The effect that Nicholas D'Arcy's conduct had on his reputation, as found by the President and confirmed by the CAS, was the basis for the decision by the AOC Executive.

The matter of criminal proceedings is entirely separate from today's decision.

The Australian Olympic Committee is proud of the excellent standards and conduct of past and present Olympians and in the eyes of the Australian public we have an obligation to protect that reputation.

To terminate the membership of an athlete on the Australian Olympic Team is a very serious matter. After careful consideration we have reached a decision based on that responsibility.

Ronald G Harvey
Vice President

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