A TRAINER IN THE ABSENCE OF SUBSTANTIAL EVIDENCE

A TRAINER, IN THE ABSENCE OF SUBSTANTIAL EVIDENCE TO THE CONTRARY, IS RESPONSIBLE FOR THE CONDITION OF EACH HORSE HE ENTERS IN A RACE. A TRAINER SHALL GUARD EACH HORSE TRAINED BY HIM SUCH AS TO PREVENT THE ADMINISTRATION BY ANYONE OF, OR ITS EXPOSURE TO, ANY FORBIDDEN SUBSTANCE.

SUBSTANTIAL EVIDENCE MEANS AFFIRMATIVE EVIDENCE OF SUCH A CLEAR AND DEFINITE NATURE AS TO ESTABLISH THAT THE TRAINER, OR ANY AGENT OR EMPLOYEE OF THE TRAINER WAS, IN FACT, NOT RESPONSIBLE OR ACCOUNTABLE FOR THE CONDITION OF THE HORSE.

A TRAINER IS THE ABSOLUTE INSURER OF, AND RESPONSIBLE FOR, THE CONDITION OF EACH HORSE HE ENTERS IN A RACE, REGARDLESS OF THE ACTS OF THIRD PARTIES.

A TRAINER SHALL NOT START A HORSE OR PERMIT A HORSE IN HIS CUSTODY, CARE OR CONTROL TO BE STARTED IF HE KNOWS, OR THROUGH THE EXERCISE OF REASONABLE CARE HE MIGHT HAVE KNOWN OR HAS CAUSE TO BELIEVE, THAT THE HORSE HAS RECEIVED A SUBSTANCE FOREIGN TO THE NATURAL HORSE, EXCEPT FO THOSE SPECIFICALLY PERMITTED. A TRAINER SHALL GUARD, OR CAUSE TO BE GUARDED, EACH HORSE IN HIS CHARGE IN A MANNER AND FOR A PERIOD OF TIME BEFORE RACING SO AS TO PREVENT ANY PERSON FROM ADMINISTERING A SUBSTANCE FOREIGN TO THE NATURAL HORSE, EXCEPT FOR THOSE SPECIFICALLY PERMITTED BY THE REGULATIONS OF THE COMMISSION.

A TRAINER SHALL BE RESPONSIBLE AT ALL TIMES FOR THE CONDITION OF HORSES TRAINED BY HIM. NO TRAINER SHALL START OR PERMIT A HORSE IN HIS CUSTODY , CARE AND CONTROL TO BE STARTED IF HE KNOWS, OR HE MIGHT HAVE KNOWN OR HAVE CAUSE TO BELIEVE, THAT THE HORSE HAS RECEIVED ANY DRUG OR OTHER RESTRICTED SUBSTANCE THAT COULD RESULT IN A POSITIVE TEST. THE TRAINER SHALL BE RESPONSIBLE FOR ANY POSITIVE TEST UNLESS HE CAN SHOW BY SUBSTANTIAL EVIDENCE THAT NEITHER HE NOR ANY EMPLOYEE NOR AGENT WAS RESPONSIBLE FOR THE ADMINISTRATION OF THE DRUG OR OTHER RESTRICTED SUBSTANCE. EVERY TRAINER MUST GUARD EACH HORSE TRAINED BY HIM IN SUCH MANNER AND FOR SUCH PERIOD OF TIME PRIOR TO RACING THE HORSE SO AS TO PREVENT ANY PERSON, WHETHER OR NOT EMPLYED OR CONNECTED WITH THE OWNER OR TRAINER, FROM ADMINISTERING ANY DRUG OR OTHER RESTRICTED SUBSTANCE TO SUCH HORSE CONTRARYTO THIS RULE.

MITIGATING FACTOR • IN LAW, ANY INFORMATION OR EVIDENCE REGARDING THE DEFENDANT OR THE CIRCUMSTANCE OF THE CRIME THAT MIGHT RESULT IN REDUCED CHARGES OR A LIGHTER SENTENCE • CONDITIONS OR CIRCUMSTANCES WHICH DO NOT EXCUSE OR JUSTIFY WRONGFUL CONDUCT, BUT ARE CONSIDERED OUT OF MERCY OR FAIRNESS IN DECIDING OR REDUCING THE PENALTY

AGGRAVATING FACTOR • CONDITIONS OR CIRCUMSTANCES WHICH PERMIT A HARSHER PENALTY TO BE IMPOSED, BUT DO NOT PERMIT A PENALTY TO BE IMPOSED GREATER THAN THAT ALLOWED UNDER THE LAW OR REGULATION.

EXTENUATING FACTORS ANOTHER WAY OF DESCRIBING FACTORS TO BE CONSIDERED IN DETERMINING AN APPROPRIATE PENALTY. MITIGATING FACOTRS COULD LESSEN A PENALTY AND AGGRAVATING FACTORS COULD INCREASE A PENALT

DRUG VS NON-DRUG CASES

• PAST RECORD OF THE TRAINER, VETERINARIAN OR OWNER • THE POTENTIAL OF THE DRGU TO INFLUENCE PERFORMANCE • THE LEGAL AVAILABILITY OF THE DRUG • WHETHERE IS REASON TO BELIEVE THE RESPONSIBLE PARTY KNEW OF THE ADMINSTRATION OF THE DRUG • WHETHER THE ADMINSTRATION OF THE DRUG WAS INTENTIONAL TO AFFECT PERFORMANCE • THE STEPS TAKEN BY THE TRAINER TO SAFEGUARD THE HORSE • THE PROBABILITY OF ENVIRONMENTAL CONTAMINATION OR INADVERTENT EXPOSURE DUE TO HUMAN DRUG USE • THE PURSE OF THE RACE • WHETHERE IS A MEDICATION TREATMENT FORM OR OTHER DOCUMENTATION AND IS THE INFORMATION CONSISTENT WITH THE ANALYTICAL DATA • WHETHERE WAS ANY SUSPICIOUS BETTING PATTERN • WHETHER THE TRAINER WAS ACTING UNDER THE ADVICE OF A VETERINARIAN

• • • • • WAS THE CONDUCT INTENTIONAL DOES THE LICENSEE HAVE A PRIOR RECORD AND WHAT IS ITS RELEVANCE CHARACTER REPUTATION AGE EXPERIENCE MENTAL HEALTH ISSUES INTOXICATION COOPERATION VERACITY ADMISSION OF ERROR REMEDIAL ACTION TAKEN SINCERITY OF REMORSE FINANCIAL GAIN HARM TO INTEGRITY OF SPORT EFFECT ON OUTCOME OF RACE SERIOUSNESS OF VIOLATION IF MULTIPLE PARTIES, EXTENT OF KNOWLEDGE AND PARTICIPATION. INJURY TO ANIMAL OR PERSON

ROLE OF MEDIA IN TODAY’S WORLD INSTANTANEOUS YOU TUBE INSTANT AND TEXT MESSAGING COLUMNISTS, INCLUDING PRINT, INTERNET, NETWORK AND CABLE TELEVISION • INTERNET • BLOGS • • • PUBLIC SCRUTINY AND INFORMATION SHARING IS IMMEDIATE AND SHAPES OPINION AND DECISION-MAKING. • RACING OFFICIALS, INCLUDING STEWARDS AND COMMISSIONER’S ARE REACTING TO THIS DYNAMIC AND IN IT IS AFFECTING DECISION-MAKING. IT IS GOING TO BECOME MORE NECESSARY THAN EVER FOR DECISIONS TO BE EXPLAINED AND PENALTIES DEFENDED.