A Classic Case of Environmental Contamination

[Chief Stipe]

VanMeter Gets $25,000 Fine, Suspension Overturned

An arbitrator Sept. 26 overturned the fine and suspension handed down to trainer Dennis VanMeter by the Horseracing Integrity and Welfare Unit. 

The 76-year-old VanMeter was initially provisionally penalized with a two-year suspension and a $25,000 fine for negligence following the positive test for isoxsuprine in his horse Templement , after a June 7 allowance race at Thistledown. Templement's positive test resulted in VanMeter's provisional suspension July 6. 

According to the National Library of Medicine, Isoxsuprine "has been suggested for use in horses for treatment of navicular syndrome and laminitis."

Arbitrator Laura Abrahamson in her judgment noted VanMeter did not contest the positive result, lab procedure, or the analyses of the sample taken from Templement. But said that finding the defendant at no fault or negligence is "to be reserved for the truly exceptional case," which she believed this was.

The West Virgina-based VanMeter shipped Templement to Thistledown and the barn of his friend John Brown. Unbeknownst to VanMeter, Brown's stable pony Bucky had been treated with isoxsuprine mixed into his feed for five years.

Brown removed Bucky from his stall in order to house Templement. VanMeter did not know of Bucky's medication, which had contaminated the stall. Days later, one of Brown's horses tested positive for the banned substance as well as Templement.

In ruling in favor of VanMeter, Abrahamson noted that contrary to HIWU's contention he should have asked Brown about any potential contamination, VanMeter had no reason to suspect such a condition for his horse. 

Abrahamson also noted that while the Horseracing Integrity and Safety Authority classifies isoxsuprine as a banned substance, the Association of Racing Commissioners International does not and the ARCI's classification was in place prior to HISA's implementation. 

HIWU contended that VanMeter could not "establish by a balance of probabilities that he acted with either No Fault or Negligence, or No Significant Fault or Negligence" and was not entitled to a reduced penalty.

It also argued that VanMeter could not prove that Templement's positive test was a result of being in the same stall that Bucky previously occupied. But HIWU believed VanMeter was still responsible because he did not ask Brown whether any of his horses were taking a banned substance. 

In addition to VanMeter's fine and suspension, HIWU sought Templement's disqualification from the race in which he finished last, forfeiture and repayment of his $650 winnings, and a 60-day period of ineligibility that would be subject to a negative finding test administered by HIWU.

Because the 60 days had passed and VanMeter did not contest the positive result, that portion of the penalty remained intact.

Templement finished sixth in the June allowance race. She has had three works this month at Mountaineer Racetrack Casino & Resort in West Virginia.