Arbitrator voids suspension, fine handed down by HIWU to trainer VanMeter

An arbitrator has reversed a two-year suspension handed down by the Horseracing Integrity and Welfare Unit to the trainer Dennis VanMeter, ruling that a positive for isoxsuprine in his horse after a race in June was an “exceptional case” in which environmental contamination was the most likely cause of the positive test.

VanMeter, a 76-year-old trainer based in West Virginia, was provisionally suspended by HIWU on July 6 after his horse, Templement, tested positive for isoxsuprine after being shipped to the barn of trainer John Brown at Thistledown Racetrack in Ohio and running in a race on June 7. VanMeter was later issued a two-year suspension and $25,000 fine for the positive, with HIWU citing “negligence” for the positive finding.

But during the arbitration hearing, VanMeter’s attorney, Alan Pincus, argued that Templement tested positive due to the ingestion of powdered residue of isoxsuprine in the horse’s stall, which had previously been occupied by Brown’s stable pony, Bucky, who has a prescription for the drug. The drug was added to the stable pony’s feed in powdered form, daily.

Laura C. Abrahamson, the arbitrator, cited several cases dealing with environmental contamination that had been adjudicated by FIFA and the World Anti-Doping Authority in determining that Templement could have ingested the powder while within the stable pony’s stall. She furthermore wrote that VanMeter would “not have any reason” to suspect that the contamination was possible, and that punishing VanMeter with a two-year suspension “would seem to hold Mr. Van Meter to the type of ‘unrealistic and impractical’ expectation” that two opinions from FIFA and WADA “cautioned against.”

“For all of the foregoing reasons, the arbitrator is satisfied that this is an exceptional case and … Mr. VanMeter was not at fault and not negligent in preventing isoxsuprine from entering Templement’s system,” Abrahamson wrote.

HIWU has a separate category for drugs that are known environmental contaminants, but isoxsuprine is not on that list. The drug is used to treat navicular disease and laminitis, two hoof conditions. According to Brown’s vet, the stable pony had been administered 200 grams of powdered isoxsuprine in his feed daily for the past five years.

Under HIWU’s rules, a trainer can request arbitration after HIWU imposes a penalty for a violation. The arbitration hearing for VanMeter’s case was held on Sept. 12.

The VanMeter ruling was the third decided by an arbitrator under HIWU’s new rules, which went into effect on May 22. This was the first ruling to throw out a substantial penalty imposed by HIWU.

Abrahamson also voided the $25,000 fine issued to VanMeter, but she upheld the decision by HIWU to disqualify the horse from the June 7 race. Under HIWU’s rules, any positive for a controlled or banned substance results in a disqualification.

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