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HISA In Depth: The Procedures Surrounding A Provisional Suspension

Editor's note: This is the latest in a series in the TDN to help industry members better understand the procedures under the new HISA and HIWU regulations.

TDN: Please explain the rules on what happens during a Provisional Suspension. Are my employees still allowed to care for my horses? Can my assistant trainer be in charge? Or do I have to have them moved to an entirely new barn with new help?

HISA:It is true that there have been some changes in the procedures surrounding a Provisional Suspension, along with a lot of misinformation. Here is what happens when your horse tests positive for a Banned (not Controlled) Substance.

First, when you receive notification of a positive test, you can decide if you want to have the split, or B sample, tested.

If you do want to have it tested:

Your Provisional Suspension will not start until your B sample result comes back. During this time, you may continue to train and race your horses without interruption.
You must pay the B sample analysis fee ($2,000) within seven calendar days of requesting it. In cases of financial hardship, a payment plan may be available.
If your B sample result does not confirm the A sample finding, the case against you is dismissed and you are refunded the $2,000 for the B sample analysis.
If your B sample result confirms the A, you will be allowed to race any horses that you had already entered prior to notification of the B sample confirmation. In all other respects, your Provisional Suspension goes into effect when you are notified of the B sample results.

If you do not want to have the B sample tested:

You may race any horses entered to race prior to Notification of the positive test.
However, in all other respects, your Provisional Suspension goes into effect when you either waive your right to have the B sample tested or do not notify HIWU of your decision within five days of being notified of the A sample result.

It should be noted that there are exceptions to the opportunity to postpone the implementation of a Provisional Suspension:

There is a subset of Banned Substances that will trigger an immediate Provisional Suspension upon notice of the A sample result.
If a trainer has more than one horse test positive for the same Banned Substance within a six-month period or has received notices for potential violations related to a Banned Substance in addition to a positive test result (e.g., possession or use), they are not eligible for the delayed imposition of a Provisional Suspension.

TDN: What happens when your Provisional Suspension goes into effect?

HISA: You and your staff can continue looking after the horses under your care, however, these horses cannot breeze or be entered to race unless they are transferred to another responsible person (a trainer, for example) in a bona fide transfer approved by the stewards and registered in the HISA Portal.

You also:
a) must take down or cover any personal signage bearing your name or related to your operations where horses are located at the racetrack
b) cannot claim horses or bring new horses into your barn
c) cannot be employed within the Thoroughbred horseracing industry in any other capacity where you come into contact with covered horses (including, but not limited to acting as an agent for an owner or working as an exercise rider.
d) After the imposition of the Provisional Suspension, you can request a Provisional Suspension Hearing (limited to the issue of whether to lift the suspension) or a final hearing to conclude your case as soon as possible. A Provisional Suspension Hearing may be convened as soon as 48 hours after it is requested.

TDN: How long is my suspension for a banned substance?

HISA: A first offense for the presence (positive test result) or possession of a Banned Substance may result in a suspension of up to two years. The suspension may be shortened based on the specific circumstances of the case.

For example, the arbitrator hearing a case may issue a shorter suspension in their Final Decision based on the Covered Person's degree of fault for the positive test result or possession.

Suspensions may also be shortened if, the Covered Person:
1) agrees to an admission and acceptance of Consequences, or
2) provides Substantial Assistance to HIWU.

Time served under a Provisional Suspension is counted toward any final suspension (period of Ineligibility).

The post HISA In Depth: The Procedures Surrounding A Provisional Suspension appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

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Canadian Trainer Suspended 20 Years for Drug Violations

Trainer Robert Gerl has been suspended 20 years and fined $100,000 after two horses under his care tested positive for ostarine, the Alcohol and Gaming Commission of Ontario (AGCO) announced Tuesday.

The drug acts much like anabolic steroids in that it is used to create anabolic activity and enhance muscle growth by directly stimulating androgen receptors. A non-therapeutic substance, it has not been approved for human use or consumption in the U.S., or in any other country.

The AGCO alleges that two horses trained by Gerl, Arafat (War On Gaza) and Komunist (Conquest Curlinate), tested positive for the drug. Komunist tested positive for ostarine after finishing fourth in a $10,000 maiden claimer on Oct. 15 at Woodbine. Arafat's post-race positive involves an Oct. 7 maiden optional claimer in which he finished second. Neither horse has raced since the alleged infractions.

In the press release announcing the suspensions, the AGCO said that the substance was also found in one of the Gerl-trained horses in out-of-competition tests, but did not specify which of the two horses were involved in those tests.

“The health and welfare of racehorses, and the integrity of racing are of primary concern to the AGCO,” said Tom Mungham, the chief executive officer and registrar for the AGCO. “We will continue to take all appropriate actions to protect horses and maintain the fairness of racing. The administration of prohibited substances, especially non-therapeutic drugs, have no business in the sport, and positive test results can lead to severe consequences for licence holders.”

The two horses have been disqualified and the purse money they earned must be returned and redistributed.
According to equineline.com, Gerl has been training since 2007 and has a career record of 65-for-1132. He was 0-for-25 in both 2021 and 2020. He does not have a start this year. He has never had a starter in a stakes race.

The post Canadian Trainer Suspended 20 Years for Drug Violations appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

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The Friday Show Presented By Monmouth Park: Lawyering Up

Attorney Bob Heleringer authored the book, Equine Regulatory Law, so there may be no one better to help us understand the legal questions surrounding the potential drug disqualification of this year's Kentucky Derby winner, Medina Spirit, and the two-year suspension of trainer Bob Baffert handed down on Wednesday by Churchill Downs.

What legal standing does Churchill Downs have to banish Baffert, since it is not a regulatory agency? What are the Hall of Fame trainer's options and how have the courts ruled on similar actions by track owners? What happens next with the Kentucky Horse Racing Commission, now that a test of the split sample from Medina Spirit confirmed the initial finding of the corticosteroid betamethasone in a post-race sample?

eleringer – a native of Louisville who in addition to his law practice served 11 terms in the Kentucky House of Representatives – joins publisher Ray Paulick and editor-in-chief Natalie Voss in this week's edition of the Friday Show to answer those questions and more.

He also offers some historical perspective on a previous case that led to the drug disqualification of Dancer's Image from his 1968 Kentucky Derby victory.

Watch this week's show, presented by Monmouth Park, below:

The post The Friday Show Presented By Monmouth Park: Lawyering Up appeared first on Horse Racing News | Paulick Report.

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Delaware Stewards Suspend Trainer Gaffney Through Remainder Of The Year For Numerous Rule Violations

Stewards in Delaware have suspended trainer Hubert Gaffney through the end of 2020 and issued a $2,500 for conduct detrimental to racing last week. The Aug. 31 ruling cites a long list of Delaware Thoroughbred Racing Commission rules Gaffney allegedly violated, including entering/aiding in the entry of ineligible horses, assuming responsibility for horses not in a trainer's own active care, conduct/utterance which adversely affects public confidence in racing.

According to the ruling, Gaffney's license had been granted conditionally due to a prior violation.

“Mr. Gaffney will no longer be entitled to a license at Delaware Park,” the ruling read. “Hubert Gaffney is denied access to all grounds under the jurisdiction of the Delaware Thoroughbred Racing Commission.”

Sarah Crane, investigator and acting executive director for the commission, indicated Gaffney is appealing the ruling and therefore the commission could provide no additional details about the source of the alleged rule violations.

As reported here on Aug. 20, Gaffney's name came up in the course of an investigation by the Maryland Jockey Club (MJC) as its officials examined the activities of Wayne Potts. MJC determined Gaffney had been serving as a program trainer for Potts at several tracks where Potts was not permitted to participate.

The complete ruling is available here.

The post Delaware Stewards Suspend Trainer Gaffney Through Remainder Of The Year For Numerous Rule Violations appeared first on Horse Racing News | Paulick Report.

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