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Weekly Stewards and Commissions Rulings, Mar. 15-21

Every week, the TDN posts a roundup of the relevant Horseracing Integrity and Safety Act (HISA)-related rulings from around the country.

Among this week's rulings, an independent arbitration panel suspended trainer Jason DaCosta for 15 days (starting on Mar. 22) and fined him $1,000 after his trainee, Poker Partner, tested positive for Gabapentin when winning at Presque Isle Downs on July 18 last year.

Gabapentin is a class B controlled medication under HISA that is an FDA human-approved anticonvulsant used to treat conditions like epilepsy, postherpetic neuralgia and in the treatment of partial onset seizures.

Trainer Carla Morgan has also been suspended for seven days and fined $1,000 after her trainee, River City Rocker, tested positive for the presence of the sedative, Xylazine, for a vet's list workout on Jan. 2 this year.

NEW HISA/HIWU STEWARDS RULINGS

The following rulings were reported on HISA's “rulings” portal and through the Horseracing Integrity and Welfare Unit's (HIWU) “pending” and “resolved” cases portals.

Resolved ADMC Violations

Resolution Date: 03/14/2024

Licensee: Leon Minott, trainer

Penalty: A fine of $500; imposition of 1.5 Penalty Points. Admission.

Alleged violation: Vet's list medication violation

Explainer: For the presence of Phenylbutazone-Controlled Medication (Class C)-in a sample taken from Slender Slipper on 2/3/24. This was a possible violation of Rule 3312-Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Resolution Date: 03/15/2024

Licensee: Carla Morgan, trainer

Penalty: 7-day period of Ineligibility, beginning on March 16, 2024; a fine of $1,000; imposition of 2 Penalty Points. Admission.

Alleged violation: Vet's list medication violation

Explainer: For the presence of Xylazine-Controlled Medication (Class B)-in a sample taken from River City Rocker on 1/2/24. This was a possible violation of Rule 3312-Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Resolution Date: 03/15/2024

Licensee: Jose D'Angelo, trainer

Penalty: A written reprimand

Alleged violation: Vets' list medication violation

Explainer: For the presence of Omeprazole and Cimetidine-both Controlled Medications (Class C)-in a sample taken from Sun Azteca on 2/14/24. This was a possible violation of Rule 3312-Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Resolution Date: 03/18/2024

Licensee: Isidro Tamayo, trainer

Penalty: A fine of $500; imposition of 1.5 Penalty Points. Final decision by HIWU.

Alleged violation: Vet's list medication violation

Explainer: For the presence of Phenylbutazone-Controlled Medication (Class C)-in a sample taken from Silent Beauty on 1/28/24. This was a possible violation of Rule 3312-Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Resolution Date: 03/18/2024

Licensee: Jose Jimenez, trainer

Penalty: A fine of $3,000; imposition of 3 Penalty Points. Admission.

Alleged violation: Pre-workout joint injection violation

Explainer: A possible violation of Rule 3314-Use or Attempted Use of a Controlled Medication Substance or a Controlled Medication Method-on the horse, Just Katherine. This was also a possible violation of Rule 4222-Intra-Articular Injections Within Seven (7) Days of Timed and Reported Workout.

Resolution Date: 03/19/2024

Licensee: John Shirreffs, trainer

Penalty: A written reprimand.

Alleged violation: Vet's list medication violation

Explainer: For the presence of Omeprazole (ulcer paste)-Controlled Medication (Class C)-in a sample taken from Sully on 2/12/24. This was a possible violation of Rule 3312-Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Resolution Date: 03/20/2024

Licensee: Alejandro Gomez, trainer

Penalty: A fine of $500; imposition of 1.5 Penalty Points.

Alleged violation: Vet's list medication violation

Explainer: For the presence of Flunixin-Controlled Medication (Class C)-in a sample taken from Tamanrassett on 1/25/24. This was a possible violation of Rule 3312-Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Resolution Date: 03/21/2024

Licensee: Jason DaCosta, trainer

Penalty: A period of Ineligibility of fifteen (15) days, starting March 22, 2024; disqualification of Covered Horse's Race results, including forfeiture of all purses and other compensation, prizes, trophies, points, and rankings and repayment or surrender (as applicable); a fine of $1,000; imposition of 2 Penalty Points. Final decision by independent arbitration panel.

Explainer: For the presence of Gabapentin-Controlled Medications (Class B)-in a sample taken from Poker Partner, who won at Presque Isle Downs on 7/18/23. This was a possible violation of Rule 3312-Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Pending ADMC Violations

Date: 02/10/2024

Licensee: Jonathan Maldonado, trainer

Penalty: Pending

Alleged violation: Medication violation

Explainer: For the presence of Capsaicin-Controlled Medication (Class B)-in a sample taken from Kapadokya, who won at Laurel Park on 02/10/24. This is a possible violation of Rule 3312-Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 03/02/2024

Licensee: Sally Rivera, trainer

Penalty: Pending

Alleged violation: Vet's list medication violation

Explainer: For the presence of Phenylbutazone-Controlled Medication (Class C)-in a sample taken from Stormy Joe on 3/2/24. This is a possible violation of Rule 3312-Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 02/20/2024

Licensee: Elliott Sullivan, trainer

Penalty: Pending

Alleged violation: Pre-workout joint injection violation

Explainer: A possible violation of Rule 3314-Use or Attempted Use of a Controlled Medication Substance or a Controlled Medication Method-on the horse, My d'Valentine. This was also a possible violation of Rule 4222-Intra-Articular Injections Within Seven (7) Days of Timed and Reported Workout.

Date: 02/29/2024

Licensee: Riley Tucker Mott, trainer

Penalty: Pending

Alleged violation: Pre-workout joint injection violation

Explainer: A possible violation of Rule 3314-Use or Attempted Use of a Controlled Medication Substance or a Controlled Medication Method-on the horse, Brian. This was also a possible violation of Rule 4222-Intra-Articular Injections Within Seven (7) Days of Timed and Reported Workout.

Date: 03/01/2024

Licensee: Philip Serpe, trainer

Penalty: Pending

Alleged violation: Pre-workout joint injection violation

Explainer: A possible violation of Rule 3314-Use or Attempted Use of a Controlled Medication Substance or a Controlled Medication Method-on the horse, Itsallcomingtogetha. This was also a possible violation of Rule 4222-Intra-Articular Injections Within Seven (7) Days of Timed and Reported Workout.

Date: 02/20/2024

Licensee: Randy Preston, trainer

Penalty: Pending

Alleged violation: Medication violation

Explainer: For the presence of Flunixin-Controlled Medication (Class C)-in a sample taken from Sharp Life, who finished fourth at Mahoning Valley on 02/20/24. This is a possible violation of Rule 3312-Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 02/28/2024

Licensee: Patricia Farro, trainer

Penalty: Provisionally suspended

Alleged violation: Medication violation

Explainer: For the presence of Cobalt Salts (eg CoCl2)-a banned substance-in a sample taken from Knockout Win, who won at Parx Racing on 2/28/23. This is a possible violation of Rule 3212-Presence of a Banned Substance and/or its Metabolites or Markers (Post-Race/Vets' List Workout).

Date: 02/19/2024

Licensee: Michelle Nevin, trainer

Penalty: Pending

Alleged violation: Vet's list medication violation

Explainer: For the presence of Betamethasone-Controlled Medication (Class C)-in a sample taken from Everlys Girl on 02/19/24. This is a possible violation of Rule 3312-Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 02/21/2024

Licensee: Michael Simone, trainer

Penalty: Pending

Alleged violation: Vet's list medication violation

Explainer: For the presence of Phenylbutazone-Controlled Medication (Class C)-in a sample taken from The Bearrish One on 02/21/24. This is a possible violation of Rule 3312-Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 02/25/2024

Licensee: Adan Farias, trainer

Penalty: Pending

Alleged violation: Vet's list medication violation

Explainer: For the presence of Dexamethasone-Controlled Medication (Class C)-in a sample taken from Misty Rain on 02/25/24. This is a possible violation of Rule 3312-Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 01/19/2024

Licensee: Blaine Wright, trainer

Penalty: Pending

Alleged violation: Vet's list medication violation

Explainer: For the presence of Betamethasone-Controlled Medication (Class C)-in a sample taken from Wodeton, who won at Golden Gate on 01/19/24. This is a possible violation of Rule 3312-Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 02/18/2024

Licensee: Arnold Torres, trainer

Penalty: Pending

Alleged violation: Vet's list medication violation

Explainer: For the presence of Methocarbamol-Controlled Medication (Class C)-in a sample taken from Its Thievery on 02/18/24. This is a possible violation of Rule 3312-Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Violations of Crop Rule

One important note: HISA's whip use limit is restricted to six strikes during a race.

Oaklawn Park

Ramsey Howard Zimmerman – violation date March 15; $250 fine and one-day suspension

OTHER KEY RULINGS

The TDN also publishes a roundup of key official rulings from the primary tracks within the four major racing jurisdictions of California, New York, Florida and Kentucky.

Here's a primer on how each of these jurisdictions adjudicates different offenses, what they make public (or not) and where.

California

Track: Santa Anita

Date: 03/16/2024

Licensee: Robert Henie, owner

Penalty: Restoration of good standing

Violation: N/A

Explainer: Owner Robert Henie, having satisfied a financial complaint filed by Linda Madsen (aka Milky Way Farm) for $6,450.00, is restored to good standing and California Horse Racing Board LATS Ruling #42 dated March 8, 2024, is set aside.

Track: Santa Anita

Date: 03/16/2024

Licensee: Gary Hartunian, owner/Peter Miller, trainer

Penalty: Payment of fees, surrender of ownership percentage

Violation: Financial responsibility

Explainer: Following a formal hearing held at Santa Anita Park on March 7, 2024, pursuant to California Horse Racing Board rule #1876 (Financial Responsibility – farm, training and hauling fees), it is ordered that Owner Gary Hartunian (dba Rockingham Ranch) pay Owner/Trainer Peter Miller the amount of $128.50 by April 1, 2024, whereby Peter Miller must surrender his 25% ownership of “Chasing Conquest” or pay $7,371.50 for farm, training and hauling fees to M Gary Hartunian by April 7, 2024, to retain 25% ownership. Failure to do so will result in the suspension of all licenses held by Gary Hartunian and/or Peter Miller.

Track: Santa Anita

Date: 03/17/2024

Licensee: Steve Knapp, owner-trainer

Penalty: 15-day suspension, $1,000 fine

Violation: Training soundness examination violation

Explainer: Owner/Trainer Steve Knapp, who trained Truest of True on January 18, 2024, at Santa Anita Park, is suspended for 15 days (April 1, 2024, thru April 15, 2024) and fined $1,000 for violation of California Horse Racing Board rules #1846.3 (Veterinary and Training Records for Horses Requiring Training Soundness Examination) and #1846.2 (Training Soundness Examination – no ninety-day examination).

Track: Santa Anita

Date: 03/17/2024

Licensee: Steve Knapp, owner-trainer

Penalty: $500 fine

Violation: Training soundness examination violation

Explainer: Trainer Steve Knapp, who trained Nickle Nickle Nine on September 21, 2023, at Santa Anita Park, is fined $500 for violation of California Horse Racing Board rules #1846.3 (Veterinary and Training Records for Horses Requiring Training Soundness Examination) and #1846.2 (Training Soundness Examination – no ninety-day examination).

Track: Santa Anita

Date: 03/17/2024

Licensee: Tiago Pereira, jockey

Penalty: Three-day suspension

Violation: Careless riding

Explainer: Jockey Tiago Pereira, who rode Sketchy in the seventh race at Santa Anita Park on March 16, 2024, is suspended for 3 racing days (March 24, 29 and 30, 2024) for failure to maintain a straight course in the stretch and causing interference; a violation of California Horse Racing Board rule #1699 (Riding Rules – careless riding).

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UK Hires Dr. Cynthia Cole As Acting Lab Director

Dr. Cynthia Cole has been named the acting laboratory director of the UK Equine Analytical Chemistry Laboratory (EACL), effective March 15, 2024, according to a press release from the University of Kentucky Martin-Gatton College of Agriculture, Food and Environment.

Cole brings over 30 years of experience to the role, with a diverse background spanning academia, industry and research, according to the UK release. Previously, Cole served as an associate clinical professor and director of The Racing Laboratory at the University of Florida from 2002-2006 and again from 2018-2023 when the laboratory closed.

Just last week, the Racing Medication and Testing Consortium (RMTC) suspended its accreditation of the University of Kentucky's Equine Analytical Chemistry Laboratory, according to the RMTC's executive director, Michael Hardy.

That followed news the prior week that the Horseracing Integrity and Safety Authority (HISA) and Horseracing Integrity and Welfare Unit (HIWU) had opened an investigation into the UK Laboratory's performance, and that the agencies were cooperating with the university's own investigation into the matter.

The university is also conducting an ongoing personnel investigation relating to former lab director Scott Stanley and that “Dr. Stanley was not permitted to be in direct communication with the other staff at the laboratory,” HISA and HIWU wrote in a joint statement two weeks ago.

HIWU stopped sending samples to the UK Lab on Feb. 16. Prior to that, the laboratory had been one of six drug testing facilities used under HISA's Anti-Doping and Medication Control (ADMC) program. According to the RMTC's Hardy, his organization alerted the University of Kentucky to the RMTC's laboratory accreditation suspension on Mar. 11.

Cole was one of the founding faculty members of the KL Maddy Equine Analytical Chemistry Laboratory at the University of California, Davis (1995-2002). She holds a D.V.M., Ph.D. and completed a postdoctoral fellowship at the University of Florida and is recognized as a Diplomate in the American College of Veterinary Clinical Pharmacology. Cole has also made significant contributions in her industry roles at Mars Petcare, Novartis Animal Health, IDEXX and Piedmont Pharmaceuticals.

In her role as acting director, Cole will oversee all operations of the laboratory, including reviewing procedures from sample receiving to results and ensuring compliance with all applicable accreditation criteria.

“With the resources, energy and support that UK, the racing industry, elected policymakers and other stakeholders have invested in the Equine Analytical Chemistry Laboratory, it is poised to be an industry leader in forensic drug testing,” said Dr. Cole. “Moving forward, and working with the Horseracing Integrity and Safety Authority, the Horseracing Integrity and Welfare Unit and regulators of sport horse competitions, I am confident that we can achieve that vision.”

Leveraging her background in veterinary medicine and pharmacology, Cole will also provide guidance on chemistry and sample analysis to ensure the accuracy and reliability of testing procedures. Additionally, she will supervise daily laboratory activities, offering leadership and support to staff members to maintain the highest standards of performance.

“We warmly welcome Dr. Cole to the college,” said Nancy Cox, vice president of land-grant engagement and dean of Martin-Gatton CAFE. “Her extensive experience and proven leadership will be instrumental in advancing the EACL's history of providing drug testing that meets the highest industry standards. She will also be instrumental in upholding the integrity of the equine industry, advancing the health and welfare of the horse.”

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Letter To The Industry: Iowa HBPA Response To HISA Town Hall Comment On PMRC Catastrophic Breakdowns

Unfortunately, as is typically the case with the Horseracing Integrity & Safety Authority (HISA) corporation, CEO Lisa Lazarus left out important details from her remarks during HISA's town hall meeting on March 11 regarding the toe grab rules in relating to horsemen and breakdowns at Prairie Meadows Racetrack and Casino (PMRC).

The following comment is quoted from the TDN article HISA Town Hall: Regulatory Reach, Environmental Contamination, Lab Variability and More Discussed: “Probably the racetrack that had the biggest complaints about this rule was Prairie Meadows, and they went from in 2022 at 2.39 [fatalities per 1,000 starts rate], a much higher fatality rate. And this year, they were exceptional–they were 1.14,” said Lazarus. “I'm not suggesting the whole reason is to do with toe grabs, but at least the data shows they're not worse off with that rule than they were previously.”

The facts: in all of 2021, PMRC experienced two breakdowns from 3,849 starters, thus 0.52 fatalities per 1,000. In May and June of 2022 prior to that, when horsemen believed the new zero tolerance on toe grabs was to go into effect, PMRC experienced 0 breakdowns from 1,265 starters, thus 0 per 1,000.

More precisely, for all of 2021 and including the period prior to the implementation of HISA's safety protocols and toe grab rule, there were two breakdowns out of 5,114 starters, thus 0.39 fatalities per 1,000.

Beginning July 11 (the period after which horsemen believed they couldn't have front or rear toe grabs and were trying to come into compliance with the rule), we had our first of eight breakdowns in less than 11 weeks.

The Iowa HBPA, along with the Iowa Racing and Gaming Commission's (IRGC) regulatory veterinarians, early on in the spate of breakdowns identified there was an urgent issue and unsuccessfully pleaded with HISA to grant us a waiver of the rule until the end of the racing season. Our stance was that nothing had changed in this environment other than horsemen re-shoeing their horses to be in compliance with the no toe grabs rule, front or rear.

As many others also began to reach out to HISA about the absurdity of no toe grabs at all, HISA acquiesced to the pressure, releasing on July 29, 2022 a newly-updated noncommittal statement saying they would not enforce the rule regarding hind-shoe toe grabs effective Aug. 1. That attempt at communication failed badly, lacking clarity and coming much too late after many horsemen had gone to the considerable expense of re-shoeing their horses.

Nine months later, horsemen–even contenders in last year's Kentucky Derby–were still confused or unaware about an alternative shoe rule to the point that the Kentucky HBPA had to issue a horsemen's advisory trying to explain what was or was not allowed for something as easy as toe grabs!

But while the hind toe grabs ban was in effect and the injuries accumulated, the pleas of the IA HBPA and IRGC's veterinarians went unheard. A back and forth of letters (one of which HISA provided after the end of the racing season in 2022) effectively said our horsemen and IRGC regulatory veterinarians were solely at fault and missed the underlying issues with the horses who had suffered catastrophic injuries.

Point of Fact: not one member of the HISA Racetrack Safety Committee ever made a trip out to Prairie Meadows, reached out to either the IA HBPA, IRGC or jockey colony or spent any time understanding the issues for which we were expressing our heartfelt concerns over a cascading series of events or helped us resolve the horrendous continuation of horses breaking down on our racetrack.

Quite the opposite occurred in fact. Instead we, and specifically PMRC, were spotlighted in a Twitter post by PETA for one of the breakdowns, highlighting the horse's name and calling us all out on where the horse was and what occurred.

At the end of the 2022 racing season, there had been a total of eight breakdowns from 3,762 starters, thus 2.13 fatalities per 1,000. If only reviewing from July 11 through September 19, there were eight breakdowns from 1,754 starters, thus 4.56 fatalities per 1,000 starters in that small time frame.

So, what happened post PMRC's 2022 racing season and the start of the 2023 racing season, all without the help of HISA? The IA HBPA and PMRC did the work.

Work that involved the IA HBPA and PMRC having long discussions on what horsemen encountered, what jockeys experienced riding across the surface, and what veterinarians expressed about the horses coming back from training and racing. PMRC then took the initiative and worked in such a way to ease what the IA HBPA viewed then–and still do now–as an abysmal application of a one size fits all rule to revamp the racing surface to fit the rule.

PMRC added 900 tons of sand, 21 tons of clay and finally 100 yards of pine bark, something that never had been added to PMRC's surface ever in its history nor never needed to be before. But needed to be done now to make the surface fit the rule.

We went from having one of the safest track surfaces in America to a horrific streak of catastrophic injuries. The only thing that changed was HISA's toe-grab ban, implemented with virtually no input from those with boots on the ground. Thankfully our safety record got back on track, and contrary to the figure stated by Ms. Lazarus of 1.14 breakdowns per 1,000, our 2023 record was back to 0.57–with no help from HISA. For Lisa Lazarus to suggest otherwise is disingenuous.

Sent on behalf of the Iowa HBPA.

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RMTC Suspends Accreditation of UK Laboratory

The Racing Medication and Testing Consortium (RMTC) has suspended its accreditation of the University of Kentucky's Equine Analytical Chemistry Laboratory, according to the RMTC's executive director, Michael Hardy.

This follows news last week that the Horseracing Integrity and Safety Authority (HISA) and Horseracing Integrity and Welfare Unit (HIWU) have opened an investigation into the UK Laboratory's performance, and that the agencies were cooperating with the university's own investigation into the matter.

According to Stanley, he stepped down as the UK Lab's director at the beginning of March and has been reassigned within the university. Blood-Horse reported that he had been “removed” from the position.

When asked what specific developments had prompted the RMTC to take this action, Hardy pointed to the RMTC's laboratory code of standards, section 2.4.9.2.

The document outlines 10 possible considerations that may prompt the RMTC to suspend its accreditation of a laboratory:

Accreditation suspensions by international lab oversight bodies.
Failure to take appropriate corrective action after unsatisfactory performance either in routine Analytical Testing or in proficiency testing.
Failure to comply with any of the requirements or standards listed in an international laboratory accreditation cooperation document.
Failure to cooperate with the RMTC or the relevant State Horse Racing Authority in providing requested documentation.
Lack of compliance with the RMTC Laboratory Code of Ethics.
Major changes in key staff without proper and timely notification to RMTC.
Failure to cooperate in any RMTC enquiry in relation to the activities of the Laboratory.
Non-compliances identified from laboratory on-site assessments.
Loss of financial and administrative support jeopardizing the quality and/or viability of the Laboratory.
Material breach of contractual obligation to a State Horse Racing Authority.

Hardy declined to elaborate on the nature and severity of the issues identified by the RMTC with operations at the UK Lab. Hardy wrote, however, that “the Horserace Testing Laboratory Committee (HTLC) will, upon receipt, review the laboratory's response and associated corrective actions. Accreditation will not be restored until the laboratory is in full compliance with the Code.”

According to the RMTC's code of standards, the “period and terms” of the suspension shall be proportionate to the “seriousness of the non-compliance(s) or lack of performance and the need to ensure accurate and reliable drug testing of Horses.”

The RMTC can suspend accreditation for a period of up to six months, according to the code of standards, during which time any problems must be “corrected, documented and reported” to the RMTC at least six weeks before the end of the suspension period.

“Delay in submitting the proper corrective actions may lead to an extension of the Suspension period,” the code of standards explains. If the problems are not rectified, laboratory accreditation will be revoked, the document states, “unless an extension, not to exceed two (2) months, is granted by the RMTC.”

In a brief phone interview with the TDN, Hardy added that the RMTC has been “very pleased with the response and communication with executive staff at the University of Kentucky regarding the laboratory and have been assured that they are proactively seeking to redeem those requirements.”

Since Feb. 16, all samples collected in Kentucky and Florida that previously would have been analyzed by the UK Lab have been redirected to Industrial Laboratories in Colorado.

The TDN has reached out to the University of Kentucky for comment. The story will be updated as necessary.

According to a HIWU spokesperson, both agencies were “not party” to the RMTC's decision to suspend its accreditation of the UK Lab.

“Pending implementation of the HISA Equine Analytical Laboratory (HEAL) accreditation standards, a laboratory must be accredited by the RMTC to be eligible for consideration as one of the ADMC Program labs,” the HIWU spokesperson wrote.

Lab accreditation is only one prong of the RMTC, which is also involved in the research, education and advocacy of horse racing's anti-doping and medication control programs.

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