Jockey Club Round Table: HISA ‘Best Ever Opportunity To Right Our Badly Listing Ship’

The 69th Annual Round Table Conference on Matters Pertaining to Racing concluded Sunday with emphatic support for the Horseracing Integrity and Safety Act (HISA) by The Jockey Club Chairman Stuart S. Janney III, who presided over the conference and referenced in his closing remarks the arguments made by groups in the racing industry that have stated their opposition to HISA.

“When the history of this is written, it will be clear who the obstructionists were and who opposed this industry's best ever opportunity to right our badly listing ship,” Janney said. “I am proud to stand with those who support HISA, and I look forward to the needed reform it will bring to our industry and to seeing our ship finally sailing a straight course.”

Sunday's event was held virtually and streamed on jockeyclub.com and made available on NYRA's YouTube channel, Racetrack Television Network's respective platforms, and bloodhorse.com.

Janney was preceded by presentations from Charles Scheeler, chair of the Horseracing Integrity and Safety Authority board of directors, and Dr. Tessa Muir, director of Equine Science for the United States Anti-Doping Agency (USADA).

Scheeler described the components of the authority's work ahead, which include the establishment of an anti-doping and medication testing program and a safety program; constituency outreach; and utilizing the industry's plethora of data, much of which will be sourced from The Jockey Club's databases. In advance of the implementation of HISA next year, plans call for the authority's board and standing committees to publish proposed rules for public comment before they are submitted to the Federal Trade Commission.

“What I saw when [I looked at HISA] was a once-in-a-lifetime opportunity to make the sport safer for horses and jockeys, to serve the overwhelming majority of horse people who want to win fairly and who want to play by the rules…” Scheeler said.

Muir spoke of USADA's plans to work with the Thoroughbred industry, including leveraging expertise for both human and equine athletes to create best practices.

“Our aspiration is to establish and maintain a uniform and harmonized program that is centered on promoting and safeguarding the health and welfare of horses and protects the rights of all participants to race clean and win fairly,” she said.

Emily Lyman, founder and chief executive officer of Branch & Bramble, a digital marketing agency used by America's Best Racing (ABR), discussed how “social listening” online can be used to gauge public sentiment of horse racing and how highly publicized events can have a positive or negative impact on how the sport is viewed. She talked about how ABR's marketing strategy is influenced by this data and that influencers can be effectively used as brand ambassadors to introduce new audiences to horse racing.

“Maintaining the status quo doesn't protect a brand's long-term health,” Lyman said. “Without growth in impressions and public sentiment, your key audience will eventually die out.”

Will Duff Gordon, the chief executive officer of Total Performance Data (TPD), spoke in a presentation with Will Bradley, director and founder of Gmax Technology Ltd., on how TPD and Gmax have collaborated to create timing systems for horse races and how they are working with Equibase to determine how the tracking data can supplement and enhance the information that Equibase provides. They noted that this information will become more valuable with the expansion of sports betting in the United States.

“We do know from our European experience that sports that have the richest set of data, as well as pictures, as well as odds, capture the most betting turnover and handle,” Gordon said.

Dr. Yuval Neria, professor of Medical Psychology at Columbia University and director of the PTSD Research Center, was joined by Dr. Prudence Fisher, associate professor of Clinical Psychiatric Social Work at Columbia University, to talk about the Man O' War Project, which was founded by Ambassador Earle I. Mack. It is the first university-led research study to examine the effectiveness of equine-assisted therapy (EAT) in treating veterans with post-traumatic stress disorder.

Neria described the findings as “extremely encouraging,” noting measurable changes in the parts of the brain involved in the capacity to seek and experience pleasure among trial participants. There were also decreases in symptoms of post-traumatic stress disorder and depression.

Moving forward, plans call for the creation of the Man O' War Center, with goals to train others in EAT protocol for veterans, adopt the protocol for other groups, pursue a larger research study, and expand the use of former racehorses for equine-assisted therapy work.

“We are proud to partner with the Thoroughbred Aftercare Alliance to connect groups trained in the Man O' War protocol with accredited aftercare facilities,” said Fisher. “It's a great way to incorporate more retired Thoroughbreds in EAT programs throughout the country.”

Kristin Werner, senior counsel for The Jockey Club and administrator of The Jockey Club's Thoroughbred Incentive Program, moderated an aftercare panel with panelists Erin Crady, executive director, Thoroughbred Charities of America (TCA); Brian Sanfratello, executive secretary, Pennsylvania Horse Breeders Association (PHBA); Beverly Strauss, executive director, MidAtlantic Horse Rescue; and Dr. Emily Weiss, vice president, Equine Welfare, American Society for the Prevention of Cruelty to Animals (ASPCA).

Each panelist shared their perspectives on challenges in the aftercare landscape, from securing a safe first exit from the racetrack to placing retired breeding stock. Crady talked about the TCA's Horses First Fund, which helps Thoroughbreds in case of an emergency.

“Plan, plan, and plan some more,” Crady said. If you've prepared a business plan for your racing operation, include a section on aftercare.

“Please remember one thing that I feel is paramount to your horse's future. Make every effort to retire your horse while he or she is still sound. A sound Thoroughbred can have an unlimited future.”

Strauss talked about the kill buyer market and the frequent social media frenzies when Thoroughbreds are offered for inflated prices to save them from being sold to slaughter. She warned that individuals and organizations that participate in these practices are often scams.

“If you're contacted because one of your former horses is in a kill pen, do some research, don't just throw money at it, don't just send money blindly, do research and see that the horse truly is in a bad place and then ensure its safety,” Strauss said.

Sanfratello detailed the PHBA's stance on aftercare and its creation of a code of ethics that will sanction those who knowingly send horses registered with the PHBA to slaughter.

“Our board understands that aftercare is just as important as making sure that we increase the numbers of mares bred,” Sanfratello said.

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Weiss focused on the work of the ASPCA's Right Horse Initiative, which assists with placing horses in transition. She noted that a problem seen with placing horses is that Thoroughbreds are often not located where the demand for them exists.

“There's some disconnect between the interest in the general public and getting these horses into their hands, and part of that is just getting those horses where those people are,” she said.

David O'Rourke, the president and chief executive officer of the New York Racing Association (NYRA), provided an update on that organization's efforts to promote safety, integrity, and the sport of racing. According to O'Rourke, NYRA has allotted 50% of its capital budget since 2013 to infrastructure improvements such as new track surfaces, barns, and dormitories. He also addressed the legalization of sports betting and NYRA's belief that this represents a critical opportunity for horse racing to expand its wagering options and boost handle

James L. Gagliano, president and chief operating officer of The Jockey Club, delivered a report on the activities of The Jockey Club.

Also in his closing remarks, Janney announced that Len Coleman and Dr. Nancy Cox, co-chairs of the nominating committee of the Horseracing Integrity and Safety Authority, have been awarded The Jockey Club Medal for exceptional contributions to the Thoroughbred industry.

A video replay of the conference will be available on jockeyclub.com this afternoon, and full transcripts will be available on the same site this week.

The Jockey Club Round Table Conference was first held on July 1, 1953, in The Jockey Club office in New York City. The following year, it was moved to Saratoga Springs, N.Y.

The Jockey Club, founded in 1894 and dedicated to the improvement of Thoroughbred breeding and racing, is the breed registry for North American Thoroughbreds. In fulfillment of its mission, The Jockey Club, directly or through subsidiaries, provides support and leadership on a wide range of important industry initiatives, and it serves the information and technology needs of owners, breeders, media, fans, and farms. It founded America's Best Racing (americasbestracing.net), the broad-based fan development initiative for Thoroughbred racing, and in partnership with the Thoroughbred Owners and Breeders Association, operates OwnerView (ownerview.com), the ownership resource. Additional information is available at jockeyclub.com.

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View From The Eighth Pole: Keeping HISA Out Of Racing’s Alphabet Soup

The Horseracing Integrity and Safety Authority (HiSA) got off to a solid start last month when Maryland attorney Charles Scheeler was elected by fellow directors to chair the nine-person board that will act as an independent oversight body on medication and safety issues for Thoroughbred racing in the United States.

The board includes some names that should be familiar to horse racing people (i.e., former Breeders' Cup and National Thoroughbred Racing Association executive D.G. Van Clief Jr., retired Keeneland president Bill Thomason, former New York Racing Association chief financial officer and president Ellen McClain, and Joseph De Francis, whose family previously owned Maryland tracks Laurel and Pimlico).

But there are others who bring major league sports experience to the Authority. Adolpho Birch spent 23 years at the National Football League's headquarters focusing on enforcement of integrity and drug issues, while Leonard Coleman served as president of Major League Baseball's National League (and is a former member of the Churchill Downs Inc. board of directors).

From the world of politics comes board member Steve Beshear, who served as Kentucky's attorney general, lieutenant governor and governor (his son Andy is Kentucky's current governor). Dr. Susan Stover from the University of California at Davis has blazed a trail of ground-breaking research on equine injuries and prevention. Scheeler played a significant role in Major League Baseball's Mitchell Report, which investigated the use of performance-enhancing drugs in that sport.

It is an outstanding group with a variety of skill sets that should work well together as the industry moves into uncharted waters with the development of national rules on medication and safety issues that will require the approval of the Federal Trade Commission in Washington, D.C.

The Authority's second step from the gate was a stumble – temporarily it is hoped – with the appointment of industry organization veteran Hank Zeitlin as interim executive director. Zeitlin is like that retread football coach with a mediocre record who keeps finding new teams to give him a chance. He's gone from management positions at The Jockey Club, to Equibase, to the Thoroughbred Racing Associations of North America in an undistinguished manner.

I'm going to take Scheeler's word for it that Zeitlin is being hired on an interim basis only – that Zeitlin's institutional knowledge will be somewhat useful as Scheeler and other board members get up to speed. He is not the person for the job long-term if the Authority is looking for a dynamic executive as its leader.

I'd almost forgotten that there still is a Thoroughbred Racing Associations of North America and that Zeitlin was collecting an industry paycheck from them. The TRA is not to be confused with the NTRA – the National Thoroughbred Racing Association. They are two distinct groups in racing's alphabet soup of organizations.

I'm not even sure what the TRA does any more, except to count and pass through the money its racetrack members earn for their ownership share of Equibase, the industry's official database that the TRA tracks co-own with The Jockey Club (TJC). Long ago, including during Zeitlin's tenure there as president, the Equibase board decided the company's primary role was to be profitable rather than to serve as a marketing and growth tool for Thoroughbred racing as almost all other sports use their historical data.

Does the industry still need the TRA? Does it really need the NTRA? Can it get by without the Thoroughbred Owners and Breeders Association, or the Association of Racing Commissioners International?

This might be a good time for a downsized industry to look at consolidating some of these organizations and their responsibilities. TRA could probably outsource Zeitlin's current job as its executive vice president to an accountant. The Thoroughbred Racing Protective Bureau, a subsidiary of TRA that once served as an important integrity and security division for horse racing, may fulfill some role in connection with the Authority, particularly when it comes to wagering security, the primary area in which the TRPB is now involved.

The NTRA is a ghost of what it was originally designed to be when it was established nearly 25 years ago. Having long ago given up on being a “league office” for horse racing, the NTRA in recent years has focused on lobbying in Washington, D.C., running a profitable handicapping tournament, and presenting the Eclipse Awards. With NTRA president Alex Waldrop announcing that he will retire at year's end, this might be an opportune time to divvy up those responsibilities to existing groups like The Jockey Club or Equibase and save some money on salaries.

Same goes for the Thoroughbred Owners and Breeders Association (TOBA), whose only real purpose is the grading of North American stakes. Since The Jockey Club prepares the statistical data at TOBA's behest for the annual grading process, that responsibility could easily be transferred. TOBA has been operating in the red in recent years, with its chief executive taking home roughly 30% of the organization's annual revenue.

And what about the Association of Racing Commissioners International (ARCI)? Its primary function seems to be the development of model rules for a variety of activities in racing, including medication and safety policies. With those two categories falling under the Authority's umbrella, there will be a lot less meat on the bone for ARCI president Ed Martin to chew on.

Nothing will change, of course. Some of these organizations with uninspired leadership have evolved into nothing more than jobs programs, and they're not going away. Racing cannot afford to let the Horseracing Integrity and Safety Authority (HISA) be steered toward mediocrity and become just another ingredient in racing's bland alphabet soup. Its success is too important.

That's my view from the eighth pole.

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Hank Zeitlin Named Interim Executive Director Of Horseracing Integrity And Safety Authority

The Horseracing Integrity and Safety Authority's (“the Authority”) board of directors announced Wednesday that Henry “Hank” A. Zeitlin will serve as Interim Executive Director of the Authority through the remainder of 2021. The board reached this decision after interviewing multiple qualified candidates nominated by racing constituencies and interested parties.

The Authority is also in the process of selecting an executive search firm to assist in undertaking a nationwide search for a permanent Executive Director to begin serving next year. Under Zeitlin's leadership, the Authority's anti-doping and medication control and racetrack safety standing committees will begin their work to establish uniform anti-doping, medication control, operational and accountability measures governing all 38 racing jurisdictions in the U.S. These proposed measures will be subject to the oversight and approval of the Federal Trade Commission.

“Hank Zeitlin's extensive background across multiple facets of the racing industry makes him an excellent addition to the Authority as we work toward a better and safer sport for all,” said Board Chair Charles Scheeler. “As we seek to engage both industry and external stakeholders for their insights and expertise on the various components of the racetrack safety and anti-doping and medication control programs, it is clear that Hank is the right fit for the role given his in-depth knowledge of the subject matter.”

Zeitlin currently serves as the executive vice president and a member of the board of directors at Thoroughbred Racing Associations, Inc., the trade association for racetracks in North America. He also serves as president and member of the board of directors of the Thoroughbred Racing Protective Bureau, Inc., which provides integrity services for Thoroughbred racing and wagering. Previously, Zeitlin worked at Equibase for 18 years as Executive Vice President, then President. More recently, Zeitlin served as the chief facilitator for the National Thoroughbred Racing Association's (NTRA) comprehensive update to and expansion of the NTRA Safety & Integrity Alliance's Code of Standards. His critical role in this effort involved leading three teams of experts in establishing best practices in anti-doping and medication control, racing safety and racetrack surface maintenance.

“I'm looking forward to being a part of this exceedingly important effort to develop industry-wide safety and integrity reforms at a time when those inside and outside the industry are looking for greater transparency, increased accountability and stronger enforcement mechanisms,” said Zeitlin. “We have a lot of work to do ahead of the July 2022 program effective date, but thanks to the excellent efforts of the nominating committee and the strong baseline standards laid out in HISA, we are hitting the ground running.”

“On behalf of the Authority, I'd like to thank Hank Zeitlin for agreeing to take on this role,” said vice chair of the board of directors and former Governor of Kentucky Steve Beshear. “An effort of this magnitude requires experienced and dedicated leadership at every level, starting at the top.”

Further questions and/or interview requests can be submitted to HISAuthorityUS@gmail.com.

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HISA: Details Are Scant, But You Can Bet More OOCT Is Coming

Charles Scheeler, newly-elected chairperson of the board of directors for the Horseracing Integrity and Safety Authority, said that there's a lot which is still TBD for the new governing authority for horse racing. Scheeler appeared on a media call June 2 to discuss the authority's progress so far after being elected at the authority's inaugural meeting on May 27.

The authority, which is set to take over horse racing regulation in summer 2022, is still finding its feet. Scheeler was unable to specifically site any one state or organization's rules or model rules that would be picked up by the new group to govern medication use or safety policy. The rule-making for medication use and safety practices is left up to separate committees, which were just formed in early May.

It also remains unclear where the money will come for drug testing under the new authority — or how much that will cost. Scheeler anticipated that as work continues on the new group, committee members will come up with a budget for drug testing and other costs, and then determine how to charge the portions of the industry covered by Horseracing Safety and Integrity Act. He said he hoped that a larger scale drug testing contract and improved test selection procedures could reduce the per-test bill from what jurisdictions currently pay.

Scheeler pointed out that the authority could allow for more intelligence-based post-race testing, rather than requiring tests be conducted on finishers in certain positions (although that is already an option for stewards in some places). He also emphasized that boots on the ground will be a big part of the new anti-doping controls, acknowledging, as many experts have before him, that the most sophisticated cheaters tend to stay a step ahead of testing technology.

“Another piece that we want to add in a very powerful way is an investigative component to serve as a deterrent,” he said. “You will see in other sports that the greatest deterrents have often come out of non-test cases, like BALCO, like Biogenesis, like the recent work of 5Stones … some folks look at it, not as 'Should I play fair or not?' but as a very cold cost/benefit analysis. We have to make them see the costs or the risks are greater than the rewards.”

Scheeler also believes that there will be an increased focus on out-of-competition testing (OOCT) under the new authority to complement that investigative component.

“There is definitely going to be more emphasis on out-of-competition testing, but I would not necessarily assume it comes at the expense of after-competition testing because that will remain in a fully robust form,” he said.

Scheeler also anticipates that the authority will adopt some kind of system like the current multiple medication violation penalty scheme, which increases the minimum fines and suspensions handed to a trainer or owner for repeated drug offenses in the same category.

Scheeler declined to speculate too much on how the Medina Spirit case may have been handled differently under the new authority, but did point out that the case has revealed some differences in betamethasone regulation between states. Under the new authority, rules and testing will be uniform. He also hopes the new authority can serve as a central communication center to the general public to help them understand how the sport is regulated and why — something the current state commission system can't allow for.

Scheeler is a retired partner from DLA Piper and served as head counsel to former Sen. George Mitchell during his investigation of doping in Major League Baseball. Scheeler has also been involved in investigations of the Pennsylvania State University's compliance with national athletic organizations and the health and safety practices at the University of Maryland's football program.

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