CHRB Sets ’24 NorCal Schedule, but GGF’s Closure Remains ‘Elephant in the Room’

The California Horse Racing Board (CHRB) on Thursday approved a calendar that fleshed out the Northern California racing schedule through mid-September 2024. But the initiative still left race-date gaps late in the year that must be addressed both for next season and the future as stakeholders and regulators attempt to realign the circuit in the wake of news that Golden Gate Fields will not be part of the racing landscape beyond next June.

Back on July 16, 1/ST Racing, which owns both Santa Anita Park and Golden Gate Fields, announced that Golden Gate would cease racing at the end of 2023. That timetable was later revamped by 1/ST Racing, which earlier this month announced that it would keep NorCal's last remaining commercial track open through mid-June of 2024 in an effort to provide stability for a circuit that will soon have to rely on extended fairs racing to remain viable.

Prior to the CHRB's 7-0 vote on Sept. 21 to approve 2024 dates for the work-in-progress circuit, Scott Chaney, the board's executive director, explained that even though a measure of short-term certainty would be achieved, at some near-future point everyone involved in the process would have to deal with the “elephant in the room” that will arrive in the form of Golden Gate not opening on Sept. 11, 2024, for its traditional autumn meet.

Chaney outlined two likely post-Golden Gate scenarios: That entities wanting to conduct new race meets will “find a home for dates and make more of a year-round racing calendar,” or the NorCal circuit will morph into “a really great fair season each summer, and [then try] to take care of those horses that might not have a place to run in Southern California” while NorCal racing goes dark, perhaps for months at a time.

“So I think that's what's facing the industry going forward,” Chaney said. “We've kind of kicked the can down the road a little bit, and I really appreciate [the six-month Golden Gate extension]. But the hard decisions, we've really just forestalled them for a few more months.”

Chaney also underscored that any entity wishing to fill the NorCal dates void would be advised to get its act together sooner rather than later, “because we have humans and horses that we have to think about come the end of fair racing next year.”

Chaney read into the record the schedule the commissioners approved. At least for right now, it will look like this for 2023-24:

“Golden Gate Fields from late December through June; followed by the normal four weeks of Alameda County Fair; followed by the normal three weeks at Cal Expo; followed by Santa Rosa, who is requesting and is interested in an additional third week, and then followed by Ferndale, who also is interested in a third week,” Chaney said.

“So that takes us through Sept. 10,” Chaney said. “The one remaining fair would be Fresno, and they are requesting the first two weeks of October. So that leaves the last few weeks of September, and then mid-October through December, unallocated.”

Larry Swartzlander, the executive director of California Authority of Racing Fairs, told the board prior to the vote that, “We would like to see the dates awarded for the fall period, but at this point we don't have a definite location.”

CHRB vice chair Oscar Gonzales tried to strike a positive tone by pointing out that while not perfect, the NorCal situation is not as bleak as it looked two months ago when the bombshell Golden Gate news first dropped.

“We definitely want to reassure Northern California horsemen, breeders and owners in particular, that racing will continue; that this board is going to do everything that we can,” Gonzales said, alluding to the work that still needs to be done.

Bill Nader, the president and chief executive officer of the Thoroughbred Owners of California (TOC), pledged his organization's support for NorCal, and he said the TOC recognized the important role the circuit plays in the state's overall racing.

But Nader did express concern about a third week of racing at Ferndale, which he said averaged only 5.12 starters per race over two weeks this summer.

“So to stretch it to three weeks, from the TOC point of view…I just think it might be one step too far,” Nader said, adding that keeping the Ferndale meet at two weeks, at least for now, “would make better sense.”

Swartzlander defended Ferndale based on its small-track aesthetics trumping the low number of starters.

“When you talk about the number of horses, last year we had 5.02, which was less than we had this year,” Swartzlander said. “Every year Ferndale is basically in that category. You know, I can't applaud it or say negatively against it. It is what it is. And if you've been up there–great fans; have a good time–it's just a good atmosphere. And I believe with the third week, and also you change the playing field in Northern California, [we] expect to have better support.”

Gonzales pointed out that by allocating dates on Thursday, the CHRB wasn't outright approving a three-week license for Ferndale. That decision to grant actual licensure will happen closer to the race meet's start, which is standard procedure for the CHRB. Gonzales said if veterinarians and other CHRB staffers at that time present evidence that three weeks at Ferndale would be too much of a strain or a stress on horses, the board will address the issue.

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CHRB Awards ’24 SoCal Dates, But Warns NorCal Uncertainty Could Be Factor In Final Say

Southern California's racing calendar for 2024 will nearly mirror this year's dates template, with the exception of Del Mar Thoroughbred Club being awarded a fifth week at its fall meet to dovetail with that track's hosting of the Nov. 1-2 Breeders' Cup.

But several California Horse Racing Board (CHRB) commissioners who voted in favor of next year's SoCal schedule at the Aug. 17 monthly meeting made it clear those dates allocations were not to be considered a “rubber stamp” approval that couldn't change at some point in the future.

That caveat was relevant because of the uncertainty unleashed upon the statewide industry July 16 when 1/ST Racing, which owns both Santa Anita Park and Golden Gate Fields, announced that Golden Gate would cease racing at the end of this year.

On Aug. 16, a 1/ST Racing executive said at a meeting of the CHRB's race dates committee, which reports to the full board, that the company might be willing to push back Golden Gate's closure by six months, to June 2024, pending discussions with industry stakeholders about how to best re-work the NorCal schedule in a way that doesn't harm the $30 million investment the company is making to improve SoCal racing.

That Wednesday news about Golden Gate's possible six-month reprieve prompted differing opinions on Thursday between the California Thoroughbred Trainers (CTT) and the Thoroughbred Owners of California (TOC) about how the CHRB should handle its scheduled agenda item that dealt with the awarding of the '24 SoCal dates.

Alan Balch, the CTT's executive director, advocated for the CHRB to hold off on awarding the '24 SoCal dates.

“We believe the entire state is interdependent,” Balch said. “We welcomed the [1/ST Racing] suggestion [Wednesday], not only that they would consider extending northern California at Golden Gate, but that they supported additional racing in the future in Northern California after the closure of Golden Gate. Since the state is integrated, because horses run [on both northern and southern circuits], we strongly urge this board not to allocate southern California dates given the pendency of potential legislation, and for many other reasons, until all the stakeholders can get together [to work out a plan].”

Bill Nader, the TOC's president and chief executive officer, said that it was his group's belief that the “absence of insight in knowing what the north might look like didn't really influence the south.”

Thus, Nader continued, it would be “prudent” to award the SoCal dates on Thursday in order to give “the rest of the country some clarity and completeness that California is still strong and has a vision leading into 2024.”

Bill Nader | Horsephotos

CHRB commissioner Thomas Hudnut said he thought the CTT's idea had merit because delaying the awarding of dates to Santa Anita could be used as an aid in negotiating how 1/ST Racing might help the industry absorb the massive gap it is creating in the NorCal schedule.

“We can't force dates on anybody. But we can withhold them,” Hudnut said. “And I think there is some merit in the suggestion of the CTT to avoid awarding any dates right now. The dates are the 'carrot,' and the 'stick' we have is not awarding them pending people getting their collective acts together…”

After listening to industry stakeholders go back and forth for 2 3/4 hours at Wednesday's dates committee meeting, CHRB commissioners Wendy Mitchell and Damascus Castellanos both expressed concerns on Thursday how some entities didn't seem to be acting with enough urgency considering one month has passed since 1/ST Racing let it be known it would walk away from California's lone commercial Thoroughbred license in the north.

“I've been on this board four years now, and we're really at a crossroads more so than I think we've been [at] in my time here,” Mitchell said. “And I'm very concerned…. It is more urgent than it's ever been to have the industry stay in California.”

Said Castellanos: “Everybody has an idea of working together and doing what they've got to do for the industry. But nobody really came to us [Wednesday] with a plan…. So my concern is the urgency…. We can't force dates on anybody. You guys have got to come up with this…. I suggest, as an industry, get together. Figure it out.”

Eventually, Hudnut moved to defer the allocation of the SoCal race dates until the board's September meeting. But no commissioner seconded his motion, so it died.

CHRB chairman Gregory Ferraro, DVM, took a different approach. He not only made a motion that the board take up the SoCal dates issue right away, but he specified that the '24 dates for that region be “the exact replication of the dates we awarded for 2023, with the exception of the one week” during which Del Mar hosts Breeders' Cup.

Santa Anita, this year's Breeders' Cup host, currently has control of that extra autumn week. Its executives did not lodge any opposition Thursday to Del Mar being granted that week in '24.

Ferraro's motion was seconded. Before the final vote was taken, CHRB vice chair Oscar Gonzales reminded commissioners who might be cognizant of Hudnut's “carrot and stick” analogy that the board still has other resources to act as cudgels of compliance, such as the CHRB's powers to halt any licensee's ability to race at any time, or even to deny a license altogether after blocks of dates have been awarded.

“I mean, we have a lot of latitude as the board, so it's among the reasons that I intend to vote for southern California racing dates knowing that this board has been empowered [to make changes after awarding blocks of dates],” Gonzales said. “I believe we are going to be paying very, very close attention to see how things unfold here over the next few weeks and months.”

The motion to award the '24 SoCal dates then passed, with Hudnut casting the lone dissenting vote.

The exact blocks of SoCal dates were not read into the record prior to the vote. But the template they will follow lines up with year's rotation: Santa Anita from Dec. 26, 2023, to late June 2024; then Los Alamitos through early July; Del Mar through mid-September; Los Alamitos until late September; Santa Anita through late October; Del Mar through the first week of December; Los Alamitos until late December.

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Joint Injections: “Litmus Test” for HISA

Last month, California Horse Racing Board (CHRB) chairman Greg Ferraro scratched a persistent industry itch.

While discussing his thoughts on the rollout of the Horseracing Integrity and Safety Act's (HISA) drug control program, Ferraro shared his fears that the new federal rules on joint injections were weaker than had previously existed in California.

“It's a step backwards,” Ferraro said. And this regulatory reshuffle, he added, could lead to an increase in California of irreparable musculoskeletal injuries, especially of the fetlock joint.

“California is the point of the spear in terms of dealing with the public and the liability of horse racing,” said Ferraro, advocating for federal adoption of California's joint injection regulations. “I think they should use us as a sort of leader in animal welfare and jockey welfare.”

Ferraro's comments re-ignited a debate that has been simmering away in some fashion or other for decades. Just take the New York Task Force report into the rash of fatalities that bedeviled Aqueduct during the winter of 2011-2012.

“The Task Force believes that the use of systemic or intra-articular corticosteroids may have impaired veterinarians and trainers in accurately assessing horses' soundness leading up to a race,” the report found.

“The Task Force also believes that the use of these medications too close to the race may have limited the ability of the NYRA veterinarians to identify the presence of pre-existing conditions disposed to progressing to catastrophic injury.”

The New York Task Force's findings frame a key bone of contention among trainers, veterinarians and regulators: What is a smart regulatory timeframe for limiting joint injections before workouts and race days?

HISA's joint injection rules bar joint injections within 14 days prior to post-time, and within seven days of an official workout.

In California prior to HISA, the intra-articular corticosteroid fetlock injection rule mandated a 30-day stand down period prior to racing, and all corticosteroid joint injections had a 10-day stand down before workouts.

After those rules were adopted, the number of irreparable fetlock injuries in California had fallen off precipitously. Experts point to this as a prime example of the long-term systemic effects from corticosteroid usage.

Even so, there remains some skepticism within the industry that California had indeed got it right.

Mark Casse | Sarah Andrew

“Thirty days is ridiculous,” said trainer Mark Casse, who argues that such a rule is difficult to police. “What happens is, when you make rules that you cannot really enforce, it only makes the bad guys better because they don't care.”

Another key point in this whole debate? Not all joint injections are made equal.

In the decade since the New York report was issued, veterinary experts describe a shift away from corticosteroids towards hyaluronic acid joint injections, and biologic therapies like IRAP and platelet-rich plasma (PRP) injections.

They don't mask injuries the way corticosteroids can and are better at promoting joint health and healing in a way more advantageous to the horse in the long term, say proponents of these therapies.

Nevertheless, these same proponents voice frustration that the rules governing joint injections often treat corticosteroids and biologic therapies as equals.

“A lot of these injections are actually helpful, especially when you're doing PRP or you're putting [hyaluronic] acid in there,” said Casse, about biologic therapies. “I can tell you for a filly like Tepin, we would put acid in her ankles. We probably did it 20 times and she ran for years.”

Corticosteroids

Internationally renowned orthopedic surgeon Larry Bramlage is among those experts who believe HISA has got its rules surrounding corticosteroid joint injections about right.

“I think it is a good approach to being able to treat the joint that has been properly examined,” said Bramlage, who explained that corticosteroid joint injections should never be part of a “routine training program,” no matter the stand down time. “You want plenty of time to reassess the condition of the joint without the corticosteroid masking anything.”

Part of Bramlage's reasoning is how the marketplace for corticosteroids has evolved from high-dose, long-lasting versions like Methylprednisolone acetate–also called Depo-Medrol–to lower-dose, shorter acting corticosteroids like Betamethasone and Vetalog.

What kind of difference are we talking about? “We tend to think in terms of volume injected into a joint,” said Bramlage. Depo-Medrol can come in doses as strong as 40 milligrams per milliliter (mg/ml). Betamethasone, on the other hand, typically comes at a strength of 6 mg/ml.

“The original one–and as it turns out the most harmful one–was Depo-Medrol. When I was a student, we would put as much as two cc's [cubic centimeters] of Depo-Medrol when we were treating a joint,” explained Bramlage.

“But it's very long acting,” he added. “Its crystals are absorbed very slowly, so it can be found up to three months in the joint after you put it in. And that is a big disadvantage.”

Dr. Larry Bramlage | Horsephotos

Bramlage believes that the new wave of corticosteroids continues to play a role in managing the sorts of routine aches and pains that accompany high stress training programs.

“If you let inflammation go unchecked within a joint, it can eat up the articular cartilage. So just leaving a joint seriously inflamed without treating it with anything is also not the best route once you know there is no structural damage,” he said.

And the use of a low-dose, short acting corticosteroid like Betamethasone within a week of a timed workout, Bramlage said, is “a medically sound” approach if the joint has been properly assessed beforehand.

If the corticosteroid is eliminated from the horse's system enough to be undetectable in a test, he added, and the horse is still exhibiting signs of lameness, then there is a strong possibility the lameness is tied to some deeper-seated structural problem. A burgeoning stress fracture, for example, or abnormal bone remodeling. “That is the rationale for the stand down time,” he said.

The modern short-acting corticosteroids “reduce the inflammation and then get out of the way so you can read the joint again,” explained Bramlage. “And if there is a physical injury, a structural problem of some kind, it'll show up again.”

Other veterinary experts in the field have a slightly different take.

Though a corticosteroid won't necessarily show up through testing after seven days, it can still impart a systemic effect on the horse through effects like decreased inflammation in the joint and reduced lameness, said veterinarian Wayne McIlwraith, a distinguished professor at Colorado State University and like Bramlage, internationally renowned in the field.

As an example, McIlwraith cited a study he was involved in from 1997 where researchers studied the effects from triamcinolone acetonide joint injections–drugs which come under the trade names Vetalog or Kenalog. The horses were suffering osteoarthritis in the knee and were injected at 14 days and 28 days after the study start.

“We showed that lameness was significantly reduced at day 70–42 days after the second injection,” said McIlwraith. He described these effects as reduced inflammation in the joint fluid and in the joint lining membrane, as well as beneficial effects on the articular cartilage.

These effects were seen “whether we injected the osteoarthritis joint or we injected the opposite normal joint,” McIlwraith said. “In other words, a systemic effect that was very long lasting.”

McIlwraith and his fellow researchers used the same study design on Depo-Medrol–then considered the most potent corticosteroid available. They found “significant deleterious effects” to the joint cartilage in both the osteoarthritic joint and the opposite “good” joint, he said.

“The bottom line is that all the tissues of the musculoskeletal system are being exposed to the multiple complex effects of corticosteroids,” he said.

The fetlock has long been the Thoroughbred racehorse's Achilles heel. As an example, fetlock failures constituted in California nearly 60% of all musculoskeletal injuries that proved fatal during the 2018-2019 fiscal year, according to CHRB data.

The CHRB instituted its 30-day standdown regulations for corticosteroid fetlock injections on Oct. 19, 2021.

In the 20 months preceding that date, there were 83 catastrophic fetlock failures statewide, according to CHRB data. In the 19 months after that date, there were 24 catastrophic fetlock failures statewide.

Dr. Wayne McIlwraith | Colorado State University

Zeroing in specifically on Los Alamitos, the number of catastrophic fetlock failures dropped from 21 to just three during those two same periods of time bookending the rule change.

California's tightened joint injection rules have been just one part of a suite of stricter drug and equine welfare and safety rules instituted in the state over the past few years.

But for the likes of McIlwraith and Ferraro, the remarkable drop in irreparable fetlock injuries is due largely to one thing–the stricter corticosteroid joint injection regulations.

“I think we can relate this knowledge to our data in Southern California showing that injection not being allowed for 30 days in the fetlock has reduced the incidence of catastrophic injury,” said McIlwraith.

Indeed now, Ferraro advocates for the total elimination of corticosteroid use in all joints in racing and training.

“I would argue, look at our results. We didn't really have a breakdown problem with fetlock joints [in California],” said Ferraro. “In other words, if you're going the corticosteroid route, then that horse ought to be given significant time off, which means sending him to the farm.

“You can't legislate good judgment,” he added. “Corticosteroids in the hands of a wise, experienced equine veterinarian, you could probably do fine with it. But we put in this legislation because we know good judgment is not something that's always [wielded on the] backside.”

Which leads to alternative therapies to corticosteroids.

Biologic Therapies

“What you're trying to do is either slow something down or speed up something, and the goal is to slow the bad stuff down and speed up the good stuff,” said Bramlage, of the role of veterinary intervention with biologics. “[They] don't work by stopping things. They try to augment healing, not only block the mediators of inflammation.”

In explanation, Bramlage pointed to how the joint protects itself from harm and degeneration by naturally producing hyaluronic acid in the joint fluid, along with a class of molecularly heavy proteins called proteoglycan in the cartilage.

White Abarrio | Coady Photography

But corticosteroids hinder the body from producing both hyaluronic acid and proteoglycans. As such, hyaluronic acid is frequently used in combination with corticosteroid joint injections.

“You're essentially artificially adding hyaluronic acid because the corticosteroids are going to slow or stop the manufacturer of hyaluronic acid in the joint when you put them in,” Bramlage said.

When it comes to the use and efficacy of biologic treatments on racehorses, there seems to be a broad and largely favorable consensus among veterinary experts.

“You get your results from them because they stimulate healing within the joint. They calm the membrane down, and they help the cartilage surfaces. In other words, you could say they're a form of nutrient for cartilage, whereas steroids are a toxin to cartilage,” said Ferraro.

Should biologic therapies and corticosteroids joint injections be treated the same by regulators?

“No,” said McIlwraith. He explained that through research and through widespread clinical use, these therapies have been shown to have “uniquely beneficial” and other specific effects, but “no significant” negative effects.

“They are less potent immediately compared to corticosteroids which means that they are not going to be useful if used in an 'inject and race or work soon after' manner, which has been a philosophy of use by some,” said McIlwraith.

But under HISA's current rules, all joint injections are indeed treated the same. This means that biologic treatments like IRAP and PRP injections require the same 14 and seven-day standdowns for races and workouts respectively as corticosteroids.

HIWU has suspended 40 horses from racing for 30 days due to joint injections within seven days of a timed workout. Equibase only publicly maintains 60-days' worth of workout data. With what information is still available through Equibase, at least one horse on the list was injected one day before a workout. But HIWU does not publicly detail what kinds of joint injections were administered to these horses–corticosteroids or biologic treatments.

Efforts are underway to potentially modify HISA's joint injection rules.

A red-lined version of HISA's ADMC program recently shared with the TDN prohibits horses administered a fetlock joint injection from racing for 30 days, and from working for 14 days. For all joints other than the fetlock, the current restrictions–14 days from racing, seven days from working–remain in place.

According to this red-lined version, the rules still don't differentiate between corticosteroids and biologic therapies.

CHRB equine medical director Jeff Blea sits on HISA's anti-doping and medication control (ADMC) committee.

Though Blea was speaking on behalf of HISA, he said his personal opinion was that the federal ADMC program should be altered to mirror California's rules, which allow biologic therapies to be used unrestricted on any joint before a workout.

“We should want to be promoting biologic therapies because I think it's beneficial not only in the short term but the long term,” he said.

At the same time, not all veterinary practitioners agree with all aspects of the CHRB's rules on joint injections. If a horse is injected three times into the same joint within 60 days in California, the horse is automatically placed on the vet's list for 30 days.

This rule went into effect in the state on July 1 this year. And it has curbed Southern California veterinarian Ryan Carpenter's use of biologics, as it fails to distinguish between those sorts of injections and corticosteroids.

Dr. Jeff Bleu | AAEP

“It essentially has eliminated our use of IRAP, which is designed to be done once a week for a loading dose and then monthly after that,” said Carpenter.

“The unfortunate thing is that rule has actually incentivized people to not use biologics and put them back towards corticosteroids,” said Carpenter. “My corticosteroid use has increased since that rule has come in effect and would have loved to have stayed on the biologic route because I think it's better overall.”

When asked about this criticism, CHRB executive director Scott Chaney argued that the 60-day period was specifically chosen to still permit the use of biologic therapies while curbing excessive injections into the same joint.

“Even if it's not degrading the joint, clearly it's not working if you're having to mess with a specific intra-articular space over and over again within a short timeframe,” Chaney said.

More broadly, Chaney's thoughts about corticosteroid use in racing align with Ferraro's.

“Corticosteroids are unnecessary in horseracing,” he said, calling this issue a “litmus test” for HISA. “Our horsemen in California have been there and done it. We're four years into this,” he said.

“But it seems like horsemen around the rest of the country need a 'come to Jesus' moment because they're still clinging to the belief that they need corticosteroids to work a horse or run a horse. That's absurd. Any horseman or veterinarian who tells you that, they do not know what they're talking about.”

`I Would Put This Stuff In The Water'

It turns out the evolution in the use of joint injections in human athletes—and aging athletes in particular—appears remarkably similar to that of the racing world.

Andrew Pearle is the Chief of Sports Medicine at the Hospital for Special Surgery, the country's top orthopedic hospital. He is also a team physician for the New York Mets.

Pearle's area of expertise? The human knee.

“When I'm giving a steroid injection, I typically give 80 milligrams of Kenalog. It's a really good injection, particularly if there's fluid on the knee. It's certainly highly effective. In fact, there was a Nobel Prize given for the development of cortisone,” he said.

But there's a caveat.

“It's got these downstream negative effects with repeated use, and many of us don't like to give more than two shots over a lifetime in a joint,” Pearle said.

Instead, said Pearle, human medicine had moved towards alternative joint therapies like gel shots, PRP and hyaluronic acid.

“I tell patients if I could put this stuff in the water and feed it to everybody,” he said, “I would.”

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HIWU Suspends Trainer Jeffrey Poole For 22 Months

After a hearing before an arbitral body, trainer Jeffrey Poole has been hit with a 22-month suspension by the Horseracing Integrity and Welfare Unit (HIWU) after it was alleged that Poole possessed the banned substance Levothyroxine. He was also fined $10,000 and ordered to make a payment of $8,000 to cover arbitration costs.

Poole did not have a horse test positive for the substance.

Levothyroxine, commonly known by the trade name Thyro-L, is a synthetic version of the naturally-occurring hormone thyroxine.

Thyroxine is produced by the thyroid and works with the brain to control metabolism. It can be prescribed to older horses to correct hypothyroidism, a condition in which the thyroid is underactive and the horse has an unusually slow metabolism. However, its use has raised concerns about potential risks that may come with artificially boosting the metabolism of a horse who doesn't need it and its use has been banned in some jurisdictions. Thyroxine overuse in racehorses was in the news in 2013 when the California Horse Racing Board launched an investigation into the sudden deaths of seven horses trained by Bob Baffert. Baffert told investigators at the time that he had horses in his care on thyroxine.

Once Poole was found to be in possession of the substance on June 2, he was provisionally banned by HIWU. His suspension was the first handed down by HIWU since it took over drug testing and the enforcement of penalties and suspensions on May 22. Poole's case is also the first to go through the arbitration process. Cases involving Anti-Doping Rules violations cases are heard by an Arbitral Body known as JAMS. Founded in 1979, JAMS describes itself as “the world's largest private alternative dispute resolution (ADR) provider.”

Trainers who have been charged with violations on the Horseracing Integrity and Safety Authority's list of banned substances face suspensions of up to two years. The 22-month suspension is the longest suspension handed out by HISA/HIWU thus far.

According to Equibase, Poole has been training off and on since 1989. He is 50-for-459 during his career and 3-for-41 in 2023. According to the Jockey Club's Thoroughbred Regulatory Ruling's website, Poole has no prior suspensions or fines on his record.

When reached by the TDN Poole declined to comment. At deadline for this story, his attorney Brad Beilly had not returned a hone calling seeking a comment.

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