Guidance of the Horseracing Integrity and Safety Authority: Provisional Suspensions

Outreach

Pursuant to 15 U.S.C. § 3054(g), the Horseracing Integrity and Safety Authority (HISA) and the Horseracing Integrity & Welfare Unit (HIWU) issue the following guidance concerning Provisional Suspensions under the ADMC Rules.

Background:

Current ADMC rules include a rule adopted from the World Anti-Doping Code requiring that any Responsible Person (i.e., Trainer) whose Covered Horse tests positive for a Banned (doping) Substance be Provisionally Suspended while his/her case is being processed. A Provisional Suspension does not in any way change the presumption of innocence and is not an early determination of guilt. Instead, it is intended as a precaution to safeguard the integrity of the sport, horse welfare, and the rights of rule-abiding trainers. Provisional Suspensions have been instrumental in protecting the integrity of other sports and were introduced into horseracing for that reason. ADMC Rule 3229(a) states that a "Covered Person may not participate in any capacity in any activity involving Covered Horses, or in any other activity (other than authorized anti-doping education or rehabilitation programs) taking place at a Racetrack or Training Facility; nor shall he or she permit anyone to participate in any capacity on his or her behalf in any such activities, except to the extent that the Covered Person is an Owner and the activity is necessary to ensure the safekeeping and wellbeing of the horse during the period of such Owner’s Provisional Suspension or Ineligibility.” Because the “participate” prohibition has caused confusion since the Covered Person is permitted to undertake activities “necessary to ensure the safekeeping and wellbeing of the horse during the period of such Owner’s Provisional Suspension or Ineligibility”, this Guidance will provide clearer guidelines regarding “participation” in activities involving Covered Horses while under a Provisional Suspension.

Guidance:

During a Provisional Suspension, which is not a Final Suspension, Covered/Responsible Persons may engage in caring for and exercising their Covered Horses, except that Covered/Responsible Persons cannot breeze or race Covered Horses registered to them.

In addition, Covered/Responsible Persons: (i) must take down or cover any personal signage bearing their name or related to their operations where the Covered Horses are located at the racetrack; (ii) cannot claim Covered Horses or bring new Covered Horses into their barn; and (iii) cannot be employed in any capacity involving Covered Horses (including, but not limited to, acting as an agent for an Owner of Covered Horses or working as an exercise rider for Covered Horses.)

If the provisionally suspended Covered/Responsible Person is the Trainer of a Covered Horse, the Covered/Responsible Person must transfer the Covered Horse to another Covered/Responsible Person (i.e., Trainer) in accordance with Rules 3229(b)(1) and 3329(b)(1) in order to breeze or race the Covered Horse.

However, HIWU will not enforce the requirement in Rules 3229(b)(2) and 3329(b)(2) that if a provisionally suspended Covered/Responsible Person is an Owner of a Covered Horse, the Covered/Responsible Person must transfer their ownership interest in the Covered Horse (no matter how small the interest is) to another Covered Person in order for the Covered Horse to be eligible to breeze or race. HIWU will continue to enforce the requirements in Rules 3229(b)(2) and 3329(b)(2) that transfer be made by an Owner during a Period of Ineligibility.