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Mayfield Suspension Talk
NASCAR suspends Sprint Cup driver under terms of drug policy
By Jim Utter - jutter@charlotteobserver.com
Saturday, May. 09, 2009
NASCAR has suspended a Sprint Cup driver under terms of its substance abuse policy - immediately and indefinitely - in advance of Saturday nightís race at Darlington (S.C.) Raceway, ThatsRacin.com and The Charlotte Observer have learned.
Sources said the driver, who has not been identified by officials, was found to have violated Sections 12-1 (actions detrimental to stock car racing) and 7-5 (violation of the NASCAR substance abuse policy) of the 2009 NASCAR rule book. The determination was based on findings at last weekendís race at Richmond (Va.) International Raceway.
NASCAR on Saturday declined to discuss the matter, saying that questions would be dealt with in a news conference at the South Carolina track on Saturday at 6 p.m.
Such a suspension would be the first under NASCARís drug policies for a driver at the top level, the Spring Cup Series.
By Jim Utter - jutter@charlotteobserver.com
Saturday, May. 09, 2009
NASCAR has suspended a Sprint Cup driver under terms of its substance abuse policy - immediately and indefinitely - in advance of Saturday nightís race at Darlington (S.C.) Raceway, ThatsRacin.com and The Charlotte Observer have learned.
Sources said the driver, who has not been identified by officials, was found to have violated Sections 12-1 (actions detrimental to stock car racing) and 7-5 (violation of the NASCAR substance abuse policy) of the 2009 NASCAR rule book. The determination was based on findings at last weekendís race at Richmond (Va.) International Raceway.
NASCAR on Saturday declined to discuss the matter, saying that questions would be dealt with in a news conference at the South Carolina track on Saturday at 6 p.m.
Such a suspension would be the first under NASCARís drug policies for a driver at the top level, the Spring Cup Series.
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Permalink Reply by rick on
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Permalink Reply by Josh Northcutt on
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I am glad to see Nascar stepping up and dropping the hammer on these guys. I'd drug test every damn person in the pits before anyone even unloads a race car or touches one. I would personally love to see more open seats in race cars because these guys can't act right. I would do anything to be where they are right now, but they take all that for granted. I just hope they start weeding all these drivers and crew members out and replace them with people that actually want to be there and follow the rules. So here's to a great policy and maybe we can get more open seats for those who better represent the sport.
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Permalink Reply by JoCo on
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They did drug test everyone prior to Daytona...and guess what? Mayfield passed, so clearly he didn't have anything in his system then so how can people paint him as a habitual drug abuser now?
I really doubt he picked up a coke habit between February and May of the year where he's making the least amount of money in his career.
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Permalink Reply by Jaci on
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Report: Positive test not for steroids
CHARLOTTE, N.C. -- A day after learning Jeremy Mayfield failed a drug test for something other than a performance-enhancer, NASCAR allowed him to drive a race car at Darlington Raceway at speeds up to 173 mph.
A person familiar with the test results told The Associated Press on Thursday that Mayfield's positive test was not for a performance-enhancing drug. The person spoke on condition of anonymity because NASCAR won't reveal what banned substance was found in the random test, which ultimately resulted in Mayfield's indefinite suspension.
NASCAR officials previously announced the drug violation was not alcohol-related, and the administrator of its drug testing program has dismissed Mayfield's explanation that the positive result came from a mix of a prescription with an over-the-counter medicine.
Under the sport's toughened policy, that leaves the possibility that Mayfield tested positive for abuse of a prescription drug, narcotics or controlled substances, such as cocaine, marijuana or methamphetamine.
Because Mayfield challenged the initial positive finding, as allowed under NASCAR's drug policy, the series did not take disciplinary action until his backup "B" sample also tested positive. That's why Mayfield wasn't barred from participating in two practice sessions and a qualifying session May 8 at Darlington.
"There are limitations as to how quickly the process can be brought to conclusion," said Dr. David Black, the administrator for NASCAR's drug testing program. "The practical reality is there is going to be a delay. In an ideal world, if the world were perfect and there was a possibility of an instant answer, we'd be able to take immediate action."
Mayfield was first told on May 5 that he had failed a random drug test and was asked to explain why he might have tested positive, according to an outline of NASCAR's procedures provided by Black, CEO of Aegis Sciences Corp. in Nashville, Tenn., which runs the testing program.
After Aegis investigated Mayfield's explanation and rejected it, Black's office told NASCAR officials on May 7 about the positive test.
On May 8, Mayfield showed up at Darlington, ready to get on the track, and asked for his backup "B" sample to be tested. NASCAR put a rush on the lab order to learn the results before the Southern 500 on May 9.
While they waited, Mayfield took part in two practice sessions with other cars on the track alongside him.
Black would not speculate if allowing Mayfield on the track put Mayfield or the other drivers in danger.
"We didn't collect a sample that day on the individual, so I can't predict without the test result, to know if the person had consumed the drug of concern," Black said.
Mayfield ran 16 laps in the first session, 23 laps in the second with a fast lap of 173.577 mph. Mayfield later ran two qualifying laps alone on the track but failed to qualify for Saturday night's race.
"Certainly we were in contact with Jeremy that day, and there was no physical reason to believe he couldn't perform," NASCAR spokesman Ramsey Poston said. "Dr. Black's team had a rush order to get us the results. They literally worked through the night so we would know the 'B' sample before Saturday night's race."
NASCAR finds itself in a unique position in its first season under the toughened drug policy. While other major sports leagues must focus on the effects of performance-enhancing drugs on their traditions and records, the abuse of recreational drugs and the altered states they create can present an imminent danger in NASCAR, where 43 cars are on the track at once, racing at high speeds in 3,400-pound cars.
"It's unique in the much greater potential of life-and-death," said Dr. Gary Wadler, who leads the committee that determines the banned substances list for the World Anti-Doping Agency.
Using banned substances can be dangerous to competitors in other sports -- what if in football, the entire offensive line is on steroids and none of the defensive linemen is?
But in auto racing, Wadler said, "it's a different order of magnitude." So he believes NASCAR would be justified to make its rules even stricter than those in other sports.
"Therefore you have to go the extra mile to fully protect the innocent," he said.
Black said NASCAR's policy leaves a window for an individual to protest the initial failure of a sample and takes into account the possibility of a false positive. Because Mayfield offered an explanation for his positive result, it had to be investigated and dismissed before his "B" sample was tested.
That created the gap that allowed Mayfield to participate in Friday's on-track activity at Darlington.
Mayfield, who turns 40 at the end of this month, can apply for reinstatement only after completing a program designed by Black. His suspension covers both his role as driver and owner of Mayfield Motorsports. The No. 41 Toyota will run this weekend at Lowe's Motor Speedway with Mayfield's wife, Shana, listed as the car owner and J.J. Yeley as the driver.
This season, NASCAR, which previously only tested when there were reasonable suspicions, ordered preseason testing for all drivers and crew members and added random testing throughout the season. NASCAR provided teams last December with a detailed list of banned substances it would test crew members for this season.
No such banned list exists specifically for drivers because NASCAR reserved the right to test for anything it wants above and beyond the baseline crew member list. To Wadler, that undermines the legitimacy of the program.
NASCAR won't disclose what Mayfield tested positive for.
"The reason we don't reveal the substance is because our policy says the misuse or abuse of any substance is a violation," Poston said. "The substance is irrelevant. What's important is that a drug, under a positive test, a drug has been misused or abused."
NASCAR does have the right to reveal the drug because compliance with its testing program does not fall under the guidelines of the federal HIPAA laws, Black said.
"We could make it public," he said. "But the issue up to this point has been to respect the individual's privacy."
Copyright 2009 by The Associated Press
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That is the most retarded "logic" ever: "The reason we don't reveal the substance is because our policy says the misuse or abuse of any substance is a violation...The substance is irrelevant..."
Umm it's VERY relevant to disclose whether a guy tested positive for effing Sudafed or Mescaline. There is a HUGE difference. In that statement NASCAR is using logical fallacy; I forget which one, but it's saying 'Well we're right because we're right'.
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In light of Mayfield, drivers want list
By David Newton
ESPN.com
CHARLOTTE N.C. -- Ryan Newman wants to know what drug Jeremy Mayfield has been indefinitely suspended for and a list of all drugs that he could be tested for in the future.
So do Brian Vickers and Kurt Busch.
"I think everyone wants a list right now,'" Newman said Thursday night before the Pit Crew Challenge at Time Warner Cable Arena.
Newman said he plans to discuss the situation with NASCAR. He believes there are enough drivers that want a list of drugs that are being tested for that they can present unified front and force the governing body to provide it moving forward.
He is concerned because Mayfield said his positive test was the result of combining a prescription drug with an over-the-counter drug, a claim the doctor that evaluated the test denied.
Newman said NASCAR has an obligations to the other 42 drivers on the track and "more importantly the fans" to clarify what happened.
NASCAR spokesman Ramsey Poston said the policies of not having a list of banned drugs and not revealing what drug was taken could be reevaluated if enough drivers request it. Chairman Brian France is expected to address the policy on Friday at Lowe's Motor Speedway.
"The whole system would be fixed if they just told us what Jeremy did," Newman said.
Mayfield's positive test came from a sample collected the Friday before the Richmond race. NASCAR officials informed him of the positive test five days later, at which time Mayfield requested a B sample test as he is allowed to under the policy.
NASCAR officials said they cannot park a driver until the second sample has been verified positive because the test is considered incomplete. They also did not consider Mayfield a threat during Friday's practice or qualifying at Darlington.
The B sample did not arrive until noon on Saturday.
Vickers wasn't concerned about Mayfield's status at Darlington. He said as long as the driver was staying up to minimum speed he was no more of a threat than anybody else. But Vickers was concerned he's never been given a banned drug list.
"To be honest with you, I'm a little scared," he said. "I'm afraid to take Nyquil. If I get a cold I don't know what to take. To me this is extremely gray, extremely vague."
The NFL, NBA, NHL, PGA and most major sports provide a public list of banned substances. NASCAR officials say their system is better because it doesn't limit what they can test for.
They also said Dr. David Black, who administers the program, has an open line if there are any questions about prescription of over-the-counter drugs. Newman said he was not aware of it.
NASCAR also provided teams a basic list of banned substances before the season for a mandatory test from an independent laboratory.
Jeff Burton said that list is three inches thick and close to 500 pages. He said he doesn't need to see anything else.
"It means nothing," he said.
Kurt Busch disagreed.
"It would be nice if there are a set of rules, guidelines that we live by," he said. "It's hard to know what the rules are if they don't give you a set of guidelines."
Newman, noting he hasn't had a drink since the age of 16 and has never been high on any drugs, said he's never been concerned about drug tests. But because so little is known about what can create a positive test, he is now worried.
"I have never tried to protect myself," he said. "Now that we've seen what happened I have to protect myself."
Newman went so far as to say the system doesn't work if it takes five or more days to get a test back, reminding that Mayfield drove at Richmond the day after his first test that came back positive.
Newman suggested drivers be tested earlier in the week, but because tests take about five days to run that wouldn't be a deterrent. He'll make those suggestions to NASCAR.
"I will," he said. "I feel to protect myself and wife and team I need a better understanding of what I can and cannot do."
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NASCAR countersues Mayfield
By David Newton
ESPN.com
LONG POND, Pa. -- NASCAR filed a countersuit against Jeremy Mayfield on Friday, accusing the suspended Sprint Cup driver of willfully violating the substance abuse policy, breach of contract and defrauding competitors of earnings.
The suit stated that Mayfield knowingly participated in sanctioned competition using a combination of drugs in violation of the substance abuse policy that he agreed to follow.
"And in doing so violated his contract with NASCAR and the standards of care for other drivers," NASCAR spokesman Ramsey Poston said from Pocono Raceway.
Mayfield was suspended on May 9 for violating NASCAR's substance abuse policy after failing a random drug test taken a week earlier.
He then hired Charlotte, N.C.-based attorney Bill Diehl and made charges against the governing body ranging from defamation of character to discrimination against someone with a disability (Attention Deficit Hyperactivity Disorder).
Mayfield's attorneys argued in an open court hearing, in which they sought a temporary restraining order to get the driver back on the track, that Mayfield's positive test was the result of taking Adderall prescribed for ADHD and Claritin-D for allergies.
NASCAR revealed in court that Mayfield tested positive for three drugs, two of which were explained (Adderall and Claritin-D) and amphetamines. Attorney Paul Hendrick described the drug as a dangerous, illegal, banned substance.
"You will see in [the lawsuit] he competed in a number of races that had we known he had been on a medication he was on and certainly known there were illegal substances involved we wouldn't have allowed him to compete," Poston said.
According to Poston, drivers are required in their contract with NASCAR to notify Dr. David Black, who runs the drug testing program at AEGIS Lab in Tennessee, of any prescription drugs they are taking.
The suit alleged that Mayfield did not notify anybody with NASCAR that he was on a prescription drug until the May 1 drug test, and that Mayfield already had participated in two races while on the drug.
The suit said that Mayfield crashed in three of the five races in which he competed this season, including races in which he was under the influence of the drug he failed to report to NASCAR, a combination of drugs and the illegal drug that was blacked out in the suit.
The suit also said Mayfield earned more than $150,000 in those races that would have gone to other competitors. Poston pointed to the loss of income by other competitors when asked if NASCAR sought financial damages in the suit.
Poston would not comment about Adderall or amphetamines. North Carolina Superior Judge Forrest Bridges placed a gag order on both sides from discussing details of the substances last Friday.
Poston also would not say whether Adderall is considered a banned substance on NASCAR's list. But in the countersuit there are two paragraphs, one referring to an illegal drug that is blacked out and another to a drug that also is on the banned list.
"NASCAR's Substance Abuse Policy prohibits excessive levels of [blacked out]," the suit said. "[Blacked out] use suppresses fatigue, increases alertness, enhances psychomotor performance, and produces euphoria.
"Mild [blacked out] produces insomnia, increased blood pressure and pulse rate, excitation, hyperactive reflexes, and palpitations. More serious side effects include paranoia, aggressive behavior and psychosis.''
The policy also states that "to the extent that the use of any substance, including properly prescribed prescription drugs and properly over-the-counter medicines, causes a competitor or official to have a competitive advantage or diminished or impaired ability to perform his or her duties on the day of an event, those substances shall be deemed to be prohibited substances for the purposes of this policy."
The suit states that Mayfield signed an agreement to abide by the sanctioning body's policy on February 5.
"Mayfield's willful misconduct at the track in which he competed while an illegal substance was still in his system is evidence he presented a danger to himself and others," Poston said.
John Buric, one of Mayfield's attorneys, was surprised by the countersuit.
"The gloves are off and we're going to be in a fight,'' he said.
Buric contended that Mayfield wasn't required to notify NASCAR he was on any drug because the policy does not identify what drugs are banned.
"If they are trying to contend that Adderall is somehow an illegal drug that violates the policy, that is their argument,'' he said. "They seem to be arguing we did not report that to anybody, although we did.''
No date has been set on the next hearing. It will be at least two weeks after NASCAR had Wednesday's hearing moved from state to federal court because the federal judge is on vacation.
Mayfield's attorneys had hoped to have a temporary restraining order granted on Wednesday that would lift the suspension and allow the driver to compete this weekend at Pocono.
"It's sort of like when somebody files bankruptcy,'' Diehl said earlier in the week. "It doesn't matter if I am OK with it or not, they did it.''
Mayfield initially filed for the restraining order last Friday. But since it already was too late for him to compete at Dover, Judge Bridges scheduled another hearing for Wednesday to give NASCAR attorneys more time to prepare.
Hendrick said his firm was not notified of the initial hearing until about 5 p.m. the day before.
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Permalink Reply by Kevin Sweeney on
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oh boy
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It's funny that NASCAR is suing Mayfield for "knowingly participated in sanctioned competition using a combination of drugs in violation of the substance abuse policy that he agreed to follow"...well didn't they LET him participate in sanctioned competition after they KNEW he "violated the sustance abuse policy" that THEY enacted?
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Permalink Reply by R. ALDRIDGE on
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Yes, I beleive thay did. Great point.
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Permalink Reply by Beagle7 on
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Nascar is on FRIGGIN CRACK!!!!!
Who the hell are their lawyers??? Seriously.....this is an embarrassing...you cannot sue for damages suffered by a 3rd party...you have NO STANDING nascar...lol assinine.
Drivers, Nascar so painfully states, are independent contractors. They cant sue on their behalf for any damages suffered by them (though a GOGH driver could sue Mayfield under this theory)
Which leaves you with an alleged breach about not notifying Nascar about being on prescription drugs..but has Nascar really suffrered any monetary damages from that? The answer is no, thus there is no lawsuit.
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