HISA, TOBA Working Together To Satisfy Testing Requirements For American Graded Stakes

As per the Horseracing Integrity and Safety Act of 2020, the Horseracing Integrity & Welfare Unit (HIWU), the independent enforcement agency of the Horseracing Integrity and Safety Authority's (HISA) Anti-Doping and Medication (ADMC) Program, maintains the authority to direct all testing in HISA-governed jurisdictions upon implementation of the ADMC Program, which began March 27, 2023.

For graded and listed stakes races in the United States to preserve their respective statuses each year, one of the requirements is that testing in relation to these races satisfies the American Graded Stakes Committee Drug Testing Protocol for TCO2 and Post-Race Testing.

In recognition of the authority granted to HIWU by the Act, the Thoroughbred Owners and Breeders Association, which founded and manages the American Graded Stakes Committee, will accept the testing protocols and criteria administered by HIWU for graded and listed stakes races conducted in HISA-governed jurisdictions. HIWU will assign TCO2 and Post-Race testing for these races at quantities and rates specific to each race.

Thus, a racetrack is not at risk of losing graded or listed status for its races if the HIWU testing protocols for these races differ from the American Graded Stakes Committee's requirements.

Racetracks operating in states that are not under the jurisdiction of HISA will remain subject to the American Graded Stakes Committee Drug Testing Protocols in regard to maintaining graded and listed statuses of their races.

The Horseracing Integrity & Welfare Unit (HIWU) was established in 2022 by Drug Free Sport International to administer the rules and enforcement mechanisms of the Horseracing Integrity and Safety Authority's (HISA) Anti-Doping and Medication Control (ADMC) Program. The ADMC Program establishes a centralized testing and results management process that applies uniform penalties for violations efficiently and consistently across all American Thoroughbred racing jurisdictions that HISA governs. HIWU oversees testing, educating stakeholders on the program, laboratory accreditation, investigation of potential violations, and prosecution of any such violations. For more information, please visit hiwu.org.

The Thoroughbred Owners and Breeders Association (TOBA), based in Lexington, Ky., was formed in 1961 and is a national trade organization of leading Thoroughbred owners and breeders. TOBA's mission is to improve the economics, integrity and pleasure of the sport on behalf of Thoroughbred owners and breeders. Projects managed by TOBA include the American Graded Stakes Committee, Claiming Crown, Educational Seminars, OwnerView, Owners Concierge, US-Bred and the Sales Integrity Program. TOBA provides international representation for U.S. owners and breeders on the International Grading and Race Planning Advisory Committee, International Cataloguing Standards Committee and International Thoroughbred Breeders' Federation. Thoroughbred Charities of America (TCA) is the charitable arm of TOBA. TOBA Media Properties, a subsidiary of TOBA, is the co-owner of BloodHorse LLC.

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Horseracing Integrity & Welfare Unit Launches Anonymous Whistleblower Platforms

The Horseracing Integrity & Welfare Unit announced Monday the launch of its anonymous whistleblower platforms that enable participants in the Thoroughbred industry to submit tips safely and anonymously regarding potential violations of the Horseracing Integrity and Safety Authority's (HISA) Anti-Doping and Medication Control (ADMC) Program. The text and email platforms are supported through a partnership with RealResponse, the leading provider of safe and secure reporting platform for athletes, teams, and organizations, while the telephone platform is supported by Ansafone. 

Using the designated telephone line, text line, or email address, any industry participant can anonymously submit information relating to Covered Horses, barns, trainers, or other Covered Persons for review by HIWU's Investigations Unit. Submissions are accepted 24/7. Whistleblowers can include their contact information if they are open to potential follow up from HIWU's investigators. However, this option is voluntary.

“Our anonymous whistleblower platforms will empower concerned individuals to safely and securely alert HIWU to potential violations of the AMDC Program, including situations where the welfare of the horse or integrity of the sport may be compromised,” said Michelle Pujals, HIWU's general counsel. “We look forward to working with RealResponse, which has a proven track record in administering this type of technology, to facilitate the success of this key component of the ADMC Program.”

We are honored to work with the leadership of the Horseracing Integrity & Welfare Unit,” said David Chadwick, RealResponse Founder and CEO. We have seen significant interest from leading integrity agencies who seek a more efficient and effective platform to enhance their investigative process. Working with HIWU as it launches platforms to protect against efforts that compromise the integrity of horse racing, as well as to protect the wellbeing of the equine athletes, is important to us. Our service makes it simple and easy for those in the field to report concerning incidents they witness to ensure fairness and safety across the industry.”

Individuals who would like to submit tips should utilize the following contact options:

Phone Line: (888) 714-4498

Text Line: (855) 901-8477

Email Address: hiwutips@hiwu.realresponse.com

Industry participants should note that the HIWU Investigations Unit can only consider tips regarding the ADMC Program and will not respond to potential violations of HISA's Racetrack Safety Program or other violations or inquiries that fall outside the jurisdiction of the ADMC Program. Potential violations of the Racetrack Safety Program will be forwarded to HISA.

Those with information regarding potential violations of HISA's Racetrack Safety Program should call (877) 513-2919 or email feedback@hisaus.org. Submissions will be treated anonymously.

About RealResponse

Founded in 2015, RealResponse is a partner to more than 125 colleges and universities, as well as 12 NFL teams, including the Denver Broncos and Kansas City Chiefs, the NFLPA, Major League Baseball, NASCAR, USADA, the NWSL, the Premier Hockey Federation and many others. A growing number of national governing bodies including US Soccer, USA Track and Field, USA Swimming, and USA Gymnastics, also rely on RealResponse, allowing more than one million athletes and staff the ability to anonymously share feedback and concerns in a safe and secure manner. RealResponse is an online platform that allows for real-time reporting, surveys, and as a document repository. Organizations can also benchmark metrics to peer and national averages to identify areas of competitive advantage and vulnerability. Additional partnerships with international organizations, colleges and professional sports properties are expected in 2023. In 2021, RealResponse was recognized by the Charlotte Business Journal as one of the “Fifty Most Innovative Companies in the Region.” For more information about RealResponse, visit realresponse.com.

About the Horseracing Integrity & Welfare Unit

The Horseracing Integrity & Welfare Unit (HIWU) was established in 2022 by Drug Free Sport International to administer the rules and enforcement mechanisms of the Horseracing Integrity and Safety Authority's (HISA) Anti-Doping and Medication Control (ADMC) Program. The ADMC Program establishes a centralized testing and results management process that applies uniform penalties for violations efficiently and consistently across all American Thoroughbred racing jurisdictions that HISA governs. HIWU oversees testing, educating stakeholders on the program, laboratory accreditation, investigation of potential violations, and prosecution of any such violations. For more information, please visit hiwu.org.

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Rich Strike Owner Files Suit Against Hot Rod Charlie Connections In Shoe-Gate Case

Nearly six months after his loss to Hot Rod Charlie in the Grade 2 Lukas Classic Stakes, the owner of Rich Strike has filed a lawsuit in Kentucky court over Hot Rod Charlie's shoes. Rick Dawson and his Red TR Racing filed a civil lawsuit in Jefferson Circuit Court in Kentucky March 24 alleging “intentional interference with a valid expectancy” over the shoe use. The suit names Gainesway Thoroughbreds, Roadrunner Racing 2018, Boat Racing, Strauss Brothers Racing, and Doug O'Neill — the owners and trainer of Hot Rod Charlie, respectively.

Hot Rod Charlie beat Kentucky Derby winner Rich Strike by a head in the Lukas Classic on Oct. 1, 2022 following an intense stretch battle between the two.

Dawson has taken issue with the outcome of the race since various photographs of the stretch run appeared to show protrusions from Hot Rod Charlie's front shoes. HISA's rule 2276 prohibits toe grabs, rims, and jar calks except either full outer rims of four millimeters or less, or toe grabs of up to four millimeters on hind feet only for traction on dirt races. Toe grabs have been banned on front shoes for some time in Kentucky prior to the implementation of national safety regulations last summer. A protrusion was visible on Hot Rod Charlie's front toes in some photographs, and not immediately apparent in others.

Read our previous reporting about toe grabs and safety regulation here.

Dawson took a complaint to the Kentucky stewards, who determined that the shoes worn by Hot Rod Charlie did not violate national rules. He then filed a complaint with the Horseracing Integrity and Safety Authority, which reviewed the evidence and the shoes that Hot Rod Charlie had worn.

A report issued by the Authority's board of directors concluded that Hot Rod Charlie had worn Kerckhaert Tradition XTs which previously had toe grabs that his farrier said he had ground down before they were put on the horse's feet to ensure rule compliance. The shoes in question show signs of wear and tear around the edges of the toes.

A comparison of Hot Rod Charlie's shoes to other shoes featuring toe grabs. This image comparison was in the Authority's report on Dawson's complaint.

In Dawson's civil complaint, he claims “a toe grab protrusion of approximately 4 mm, half steel and half aluminum, appeared at the toe of the shoes. The fact that a 2 mm steel extension remains on the shoes calls into question Hot Rod Charlie's farrier's testimony that he ground down the Kerckhaert Tradition XT toe grabs … instead, it appears that, from August 30, 2022, when the farrier says he shod the horse, until October 10, 2022, when the shoes were finally removed, Hot Rod Charlie illegally trained and raced with toe grabs…”

The Authority's investigation focused on whether Hot Rod Charlie's shoes demonstrated signs of a traction device as defined by the rules. They determined that this question could be answered by measuring the highest point of the shoe to the area where the toe grab would have originated from — not from the highest point of the shoe to the ground surface of the shoe.

“Of course, whatever the explanation for how or why the toe grabs appeared on the shoes of Hot Rod Charlie on the day of the Lukas Classic Race, the Horse still ran in violation of HISA Rule 2276,” the civil complaint read.

Dawson is seeking compensation for the damages alleged, pre-judgment interest, punitive damages, and court costs. He points out he has lost out on the $305,520 purse difference between first and second prize, the value of the race's trophy, and potential impact to Rich Strike's syndicate value.

HISA shoe regulations do not specify whether a horse who runs a race in prohibited shoes must later be disqualified as a result.

The allegations in a civil complaint represent only the plaintiff's view of a case. A response has not yet been filed on behalf of the defendants.

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U.S. Thoroughbred Racing Enters New Era As HISA’s Uniform Anti-Doping Program Takes Effect

New and enhanced anti-doping regulations took effect in U.S. Thoroughbred horse racing Monday following the Federal Trade Commission's (FTC) approval of the Horseracing Integrity and Safety Authority's (HISA) Anti-Doping and Medication Control (ADMC) Program.

For the first time in the sport's history, the vast majority of racetracks that operate Thoroughbred horse races will now adhere to uniform testing and enforcement standards developed to strengthen equine welfare and enhance confidence in the fairness of competition. HISA's ADMC Program, administered by the Horseracing Integrity & Welfare Unit (HIWU), brings all testing and results management under one national authority, standardizes the categories of substances laboratories test for and institutes clear and consistent penalties for violations.

In its authority as the independent administrator of the ADMC Program, HIWU is introducing to the sport a new paperless sample collection system, strategic out-of-competition testing nationwide and centralized adjudication processes to facilitate swift rulings.

“Having a uniform anti-doping program in place for the first time ever will be a game changer for American horse racing,” said HISA CEO Lisa Lazarus. “HISA's ADMC Program is the modern, rigorous yet fair regulatory framework the sport deserves. Its rules, philosophical approach and professional implementation will help ensure the integrity of the competition and demonstrate the seriousness of the industry's commitment to equine welfare.”

HIWU is led by Executive Director Ben Mosier, who has previously overseen anti-doping programs for multiple North American sports leagues and organizations. Among other members of HIWU's leadership team are experts with decades of experience working in anti-doping, including in Thoroughbred racing, as well as in federal law enforcement.

“The HIWU team is proud to partner with HISA in the administration of the ADMC Program, which represents a major advancement in how the sport governs anti-doping enforcement,” said Mosier. “HIWU has been working with state racing commissions and racing participants for months to educate all the sport's stakeholders on the new rules, including through in-person and virtual presentations and the library of resources on our website. I am grateful to all who are working with us, particularly the local sample collection personnel, laboratories and other officials operating under the new uniform procedures now in place.”

The ADMC Program's Prohibited Substances List is divided into two categories: 1) Banned Substances that are never permitted in a horse and 2) Controlled Medications that are permitted outside specified periods. Horses will now be tested for these substances following races as well as outside competition windows through an intelligence-based testing system developed by HIWU. The ADMC Program incorporates internationally recognized standards set by organizations including the Association of Racing Commissioners International (ARCI), World Anti-Doping Agency (WADA) and Fédération Equestre Internationale (FEI).

“Thoroughbred racing is a cherished American institution that for too long has been marred by a small group of bad actors who took advantage of the patchwork of differing state-level anti-doping rules to cheat and evade real consequences,” said Charles Scheeler, Chair, HISA Board of Directors. “Leaders in the sport and horsemen across the country have finally come together to prioritize equine welfare and integrity above all else, and I have no doubt that our sport's future is brighter for it.”

“The ADMC rules are informed by science and were developed by experts with unparalleled expertise in anti-doping and equine welfare,” said Adolpho Birch, HISA ADMC Committee Chair and Tennessee Titans Vice President & Chief Legal Officer. “With collaboration from across the industry, this program will bring racing in line with the level and quality of other North American sports that are able to take advantage of centralized safety and integrity regulations.”

The Horseracing Integrity and Safety Act, passed into federal law by a bipartisan act of Congress, grants HISA jurisdiction over all Thoroughbred horseraces in the U.S. that are the subject of interstate off-track or advance deposit wagers.

The ADMC Program is the second of HISA's two regulatory programs to be implemented. HISA's Racetrack Safety Program, which established uniform operational safety rules and racetrack accreditation standards, took effect upon receiving approval from the FTC on July 1, 2022. Further information about HISA can be found on its website.

About the Horseracing Integrity and Safety Authority

When the Horseracing Integrity and Safety Act was signed into federal law, it charged the Horseracing Integrity and Safety Authority (HISA) with drafting and enforcing uniform safety and integrity rules in Thoroughbred racing in the U.S. Overseen by the Federal Trade Commission (FTC), HISA is implementing, for the first time, a national, uniform set of rules applicable to every Thoroughbred racing participant and racetrack facility. HISA is comprised of two programs: the Racetrack Safety Program, which went into effect on July 1, 2022, and the Anti-Doping and Medication Control (ADMC) Program, which went into effect on March 27, 2023.

The Racetrack Safety Program includes operational safety rules and national racetrack accreditation standards that seek to enhance equine welfare and minimize equine and jockey injury. The Program expands veterinary oversight, imposes surface maintenance and testing requirements, enhances jockey safety, regulates riding crop use and implements voided claim rules, among other important measures.

The ADMC Program includes a centralized testing and results management process and applies uniform penalties for violations efficiently and consistently across the United States. These rules and enforcement mechanisms are administered by an independent agency, the Horseracing Integrity and Welfare Unit (HIWU), established by Drug Free Sport International (DFS). HIWU oversees testing, educates stakeholders on the Program, accredits laboratories, investigates potential ADMC violations and prosecutes any such violations.

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