Nick D’Arcy Draws Partial Appeal Success From CAS, AOC President Responds

SYDNEY, Australia, May 28. THE Court of Arbitration of Sport (CAS) gave partial success to both sides of the Nick D'Arcy versus the Australian Olympic Committee case. The legal argument stems from an incident on March 30 where D'Arcy was allegedly involved in a drunken fight shortly after gaining a spot on the Australian Olympic roster. Quickly after the incident, the Australian Olympic Committee president John Coates made an executive decision on April 18 to kick D'Arcy off the Olympic team.

While CAS does stand behind the idea that D'Arcy "was likely to and did bring himself into disrepute," which is a breach of "Clause 2.2(6) of the AOC Ethical Behavior By-Law," CAS has set aside Coates' decision based on a technicality.

According to CAS, in a press release sent out today, only the Australian Olympic Committee as a whole can kick someone off the Olympic roster, not just the president of the organization.

Both sides will now have the chance to either bring this argument before the Australian Olympic Committee again, or have CAS make a final determination.

Upon hearing the CAS decision, Coates released the following statement:

The AOC accepts the decision of the CAS Appeal Panel and thanks the Panel for their careful consideration of the matters before it.

Nick D'Arcy's Team Membership Agreement provides that his continued membership of the Team is conditional upon him not having engaged in conduct that has brought or is likely to bring himself, the sport of swimming, the Team and the AOC into disrepute or censure.

On 18 April 2008 I determined that Nick D'Arcy's conduct in the early hours of 30 March 2008 had breached the Team Membership Agreement and that he should not continue to be a member of the Team.

CAS has decided that in its view Nick D'Arcy's conduct was likely to and did bring himself into disrepute. They did not go on to decide whether the sport of swimming, the Team or the AOC were likely to be brought into disrepute or censure by his conduct.

It follows that the Panel has found that Nick D'Arcy was in breach of the Team Membership Agreement. It also found that there is discretion to terminate membership of the Team upon a finding of breach but to be exercised not by me personally, as President of the AOC, but by the AOC itself.

The matter will now be remitted to the AOC for it to consider whether his membership of Team should be terminated or not and CAS has raised whether it should be asked by both parties to consider that question.

The AOC will consider the best way forward as soon as possible.

Under the Olympic Charter, National Olympic Committees decide on the entry of athletes to the Olympic Games proposed by their respective National Federations and such selection shall be based not only on the sports performance of an athlete but also on their ability to serve as an example to the sporting youth of their country.

When I addressed the swimming section of the 2008 Australian Olympic Team during its televised announcement on the evening of Sunday 29 March, I stated:

"As members of the Australian Olympic Team you inherit a splendid tradition.

Just by your inclusion in the Team, you have become role models for other Australians. Just by wearing your Olympic uniform you will become a visible symbol – an ambassador – in fact – of our great nation.

I know you will do it proud."

And I have repeated these sentiments in congratulatory letters to all athletes as they are selected in the 2008 Olympic Team.

These are not trite words. They are important to the AOC, and me, and indeed form the foundation of the AOC's Olympic Education Program in which we are using the Olympic sports traditions and values as the context for teaching life values and life skills to children in more than 5,000 primary schools across the country.

Membership of the Team is a privilege and the standards expected of our athletes is extremely high because of the public reputation which has been established and maintained over many years.

I will ensure that the AOC moves now as quickly as possible to deal with the question of termination of Nick's D'Arcy's membership to the Team.

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