HISA Tabs Hank Zeitlin as Interim Executive Director

Edited Press Release

The Horseracing Integrity and Safety Authority's (“the Authority”) board of directors announced 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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Van Clief Steps Down As Virginia Racing Commission Chairman To Join HISA Board

Virginia Racing Commision (VRC) Chairperson D.G. Van Clief, Jr. announced today that he will be stepping away from his role with the VRC in order to serve on the board of the Federal Trade Commission's new Horse Racing Integrity and Safety Authority.

The announcement came during Monday's VRC meeting at Colonial Downs — its first in-person session since December, 2019.

Van Clief was invited to be one of nine directors on the new Authority and only one of four to be chosen from the horse racing industry — the other five are independent and will come from the outside the industry. The Authority has been tasked with assembling a body of recommendations related to medication rules, and enforcing those, along with safety protocols and enforcement of those, by next February.

Van Clief received special recognition from long time VRC Commissioner J. Sargeant Reynolds, Jr., who took over as Chairman beginning with today's session. This will be Mr. Reynolds' second stint as Chairman.

“This association (with Virginia horse racing stakeholders) isn't about to be over,” Van Clief said to the gathering after he received a commemoration plaque for his service. “I'm just going to be leaning on you in a different way moving forward. Part of my job is to represent everyone in this room in my next position.”

“I'm happy I got a chance to come to this meeting and explain to my colleagues in the industry where I was going, why I was going and when I was going,” he added. “Things have been moving fast since I was invited to serve. There's a lot to do in a short period of time and I'll probably be calling on you for help and advice.”

Reflecting on his time in Virginia, and especially the challenges the industry faced after Colonial Downs initially closed in 2014, Van Clief referenced the unique Virginia Equine Alliance (VEA) business model as the major factor in helping move the industry forward in a quick manner.

“When all four VEA member groups — the VHBPA, VTA, VHHA and Virginia Gold Cup — all coalesced under one not-for-profit umbrella, it gave the industry immediate credibility, political clout, a common will and a common voice. It's amazing what that allows you to get done and the fast track we've been on in Virginia since. We've seen rapid growth the last several years and the re-emergence of what I think is going to be one of the nation's best boutique race meetings this summer at Colonial Downs.”

“I'm honored to have been asked to serve on the VRC and thank my fellow commissioners for the privilege of serving with them,” Van Clief added. “The Executive staff has done an amazing amount of work with a very small staff and provided great leadership in putting its best foot forward. I'm delighted to have been along for the ride and honored to have served my home state.”

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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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‘Monumental Task Ahead Of Us’: Charles Scheeler Elected Chairperson Of HISA Board

The Horseracing Integrity and Safety Authority's board of directors has held its inaugural meeting and elected Charles Scheeler as chairperson of the board. This meeting marks a major step in the operational and organizational transition of the Authority from the nomination and selection process to the critical work of developing uniform safety and integrity rules for the horse racing industry.

“I'm honored to be selected by my fellow board members as the first chairperson of the Horseracing Integrity and Safety Authority. We have a monumental task ahead of us, and I want to thank the nominating committee for bringing together this outstanding group of individuals whose inherent integrity and combined expertise give me confidence in our ability to meet the challenge,” said Scheeler. “All eyes are on the Thoroughbred industry as we move into the third leg of the Triple Crown, and on behalf of the board and its standing committees, I'd like to express our unwavering commitment to our mission to protect the wellbeing of human and equine athletes and the integrity of the sport.”

Scheeler is a retired partner at DLA Piper. His extensive background includes serving as lead counsel to former Senator George Mitchell in connection with his independent investigation of performance-enhancing substance use in Major League Baseball (the Mitchell Report). He also served as the monitor of the Pennsylvania State University investigation relating to compliance with its obligations under the Athletics Integrity Agreement with the National Collegiate Athletics Association and Big Ten Conference. Additionally, Scheeler led an investigation by an independent commission examining health and safety practices within the University of Maryland football program. The resulting report recommended an array of best practices designed to place the university at the forefront of student-athlete health and safety.

“Charles Scheeler is the right choice as the Authority's first board chair and brings a wealth of experience and leadership to the role,” said Authority board member Leonard Coleman. “His deep background and exceedingly positive reputation on issues of critical importance in sports speak for themselves, making him a strong nominee for the board. I'm very pleased to see him take on this expanded role.” Coleman was also co-chair of the Authority's blue-ribbon nominating committee that identified the initial board of directors and standing committee members.

Prior to joining DLA Piper, Scheeler was a federal prosecutor in the U.S. Attorney's Office for the District of Maryland from 1984 to 1989. During his time in public service, he successfully prosecuted racketeering, narcotics, money laundering and fraud cases.

In addition to practicing law, Scheeler is an engaged member of the community. He serves as chair of the board of Rosedale Federal Savings and Loan Association. He also serves as chair of the Johns Hopkins Bayview Medical Center and is a member of the boards of Johns Hopkins University, Johns Hopkins Medicine and the CollegeBound Foundation. Scheeler graduated from the University of North Carolina at Chapel Hill and Harvard Law School.

“With the election of Charles Scheeler as the Authority's chair, the board of directors is moving ahead with the development of uniform safety and integrity rules and regulations for the industry,” said Nancy Cox, who will continue to serve as chair of the Authority's nominating committee. “Under his leadership, the Authority is well positioned to recommend and implement a new and effective regulatory framework to safeguard the future of horse racing.”

Under the oversight of the Federal Trade Commission, Authority board and standing committee members are responsible for developing, implementing and enforcing a series of uniform anti-doping, medication control, racetrack safety and operational rules to enhance equine safety and protect the integrity of the sport for participants, fans and bettors.

As part of the national governing framework that will be established for the sport, the 2020 Horseracing Integrity and Safety Act (HISA) created a set of baseline standards and reforms from which the Authority will begin its work. The anti-doping and medication control standing committee, in partnership with the U.S. Anti-Doping Agency (USADA) will advise the Authority on permitted and prohibited substances, laboratory testing standards, in- and out-of-competition testing and programs related to research and education. The racetrack safety standing committee will advise the Authority on training and safety standards, veterinary exam protocols, racing surface quality and maintenance, centralized databases for injury and fatality tracking and analysis, uniform track safety standards, and research and education related to every facet of racetrack safety.

“The Authority is working with the Federal Trade Commission to implement a series of uniform safety standards to reform and govern one of our nation's most treasured pastimes by the July 2022 program effective date,” said Scheeler. “Our work to protect the integrity and safety of the sport for our equine and human athletes, participants and fans is the top priority for everyone involved with the Authority. We will deliver on our goals and fill the long-standing need for national oversight of this storied sport to ensure it can be enjoyed for generations to come.”

Additional information on HISA and the Authority can be found at hisaus.org.

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