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Three arbitrators from the American Arbitration Association issued their
ruling yesterday, August 31, 2000, in a matter involving trainers Linda
Shahinian and Nicole Shahinian-Simpson, and owner El Campeon Farms vs. the
American Horse Shows Association, Inc. (AHSA). The case involved AHSA
charges against the parties originally filed under the AHSA's Drugs and
Medications rules. Shahinian, Shahinian-Simpson, and El Campeon Farms had
sought arbitration of the charges because Mrs. Simpson was a candidate for
the Olympic Games jumping squad for the USA. As a result, the case was not
decided by the AHSA Hearing Committee.
In a decision dated August 28, 2000, the arbitrators ruled that the charges
against trainers Linda Shahinian and Nicole Shahinian-Simpson are
dismissed, since the AHSA was found to have "failed to sustain the burden of
proof" in the charges against them. The ruling also directed, however, that
the owner of the horse REVEAL, El Campeon Farms, forfeit "all trophies,
ribbons, and points won" by that horse on the day in question, and return
the awards for redistribution in all classes in which REVEAL competed on
June 12, 1999 at Showpark in San Diego, California. REVEAL was found by the
arbitrators to have had a forbidden substance (cocaine) in its system during
the competition.
The arbitrators stated their approval and support of the AHSA's trainer
responsibility rule, and support for the enforcement by the AHSA of a zero
tolerance for the presence of the drug cocaine in competition horses. They
expressly rejected the argument advanced during the hearings that laboratory
thresholds be established for cocaine, and stated their support for the
AHSA's ability to enforce the drug rules for the levels of the drug detected
by the laboratory in this case.
In directing that all awards won by the affected horse on the day in
question be redistributed, the arbitrators' decision upheld the AHSA's
interest in maintaining a fair and level playing field. However, in
dismissing the charges against the trainers, they ruled that the trainers
had met their burden of proof, by "substantial evidence" as required by the
AHSA rules, that they were not responsible for the condition of the horse
tested in this case, based on the unique combination of circumstances
present in this particular event.
The unique circumstances cited by the arbitrators in this case included the
"rather striking coincidence" that another horse tested that day at the same
show also tested positive for cocaine, despite the fact that in the last
five years the AHSA had only recorded positives for 11 horses for this drug
in over 15,000 urine tests. The arbitrators described this circumstance as
"extraordinary" and stated, "While the reason for this phenomenon was never
discovered, the coincidence tends to the conclusion that some third agent
might have been at work that day to account for the two cocaine positives,"
especially since the two horses "had nothing in common," "i.e., they were
stabled in different locations . . . and came into contact with different
trainers, veterinarians, grooms, braiders and riders."
In commenting on the decision, the administrator of the AHSA's Drugs and
Medications Program, Dr. John G. Lengel, said, "We are pleased that the
arbitrators stated their approval and support of the Association's trainer
responsibility rule, and for the enforcement by the AHSA of a zero tolerance
for the presence of the drug cocaine in competition horses." Dr. Lengel
also said that he was pleased that the arbitrators rejected the notion that
the AHSA should establish laboratory thresholds for cocaine and not call
positives for low concentrations of the drug found in the horse. "The
arbitrators did not buy the argument that the Association should adopt rules
for higher threshold nanogram levels such as those that govern airline
pilots."
AHSA president Alan F. Balch commented, "Once again, the AHSA's drug rules
have been tested and have been upheld. Our rules protect the rights of all
competitors. In this case, awards are being redistributed as they should
be, in the interest of fair competition, since the horse in question was
determined to have a forbidden substance in its system. The charges against
that horse's trainers are dismissed, owing to the protections provided them
through AHSA rules - including arbitration in certain cases - which gave
them the opportunity to provide evidence, as required by the rule, that they
were not responsible for this horse's condition, in this particular case,
and under the unusual circumstances they demonstrated. There have been
other such cases in the AHSA in the past, decided by the AHSA Hearing
Committee. This entire process has once again vindicated the correctness
and independence of the AHSA's regulatory system and rules, and protected
the rights of everyone involved."
For further information, please contact Christine E. Stafford, Director of
Communications on (859) 225 6923 or via email at cstafford@ahsa.org. Press
releases are available on our web site - www.ahsa.org.
The American Horse Shows Association, as the National Equestrian Federation
of the U.S., is the regulatory body for the Olympic and World Championship
sports of dressage, driving, endurance, eventing, reining, show jumping, and
vaulting, as well as 19 other breeds and disciplines of equestrian
competition. As the country's largest multi-breed organization, the AHSA
has over 70,000 members and recognizes more than 2,600 competitions
nationwide each year. It governs all aspects of competition, including
educating and licensing all judges, stewards, and technical delegates who
officiate at these shows.
