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NASCAR Indefinitely Suspends Driver Kurt Busch‏. Update: Appeals Denied

Wally Nesbitt by Wally Nesbitt
February 21, 2015
in Breaking News
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photo: courtesy NASCAR
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Daytona Beach, Fla. (Feb. 20, 2015) — NASCAR has indefinitely suspended driver Kurt Busch for actions detrimental to stock car racing following the release today of a supplemental disposition setting forth the findings and conclusions that formed the basis for the Family Court of the State of Delaware’s decision on Monday to issue an Order of Protection from Abuse against him.

Busch, driver of the No. 41 car, was found to be in violation of:

·         Section 12.1.a: Actions detrimental to stock car racing

·         Section 12.8: Behavioral Penalty

“Given the serious nature of the findings and conclusions made by the Commissioner of the Family Court of the State of Delaware, NASCAR has indefinitely suspended driver Kurt Busch, effective immediately. He will not be allowed to race nor participate in any NASCAR activities until further notice.

“Kurt Busch and his Stewart-Haas Racing team are fully aware of our position and why this decision was made. We will continue to respect the process and timetable of the authorities involved.”

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From David Higdon // NASCAR Integrated Marketing Communications

UPDATE #1 (From NASCAR / Feb. 20):

STEVE O’DONNELL (NASCAR Executive Vice President and Chief Racing Development Officer): Thank you David. As we stated last year, NASCAR fully recognized the serious nature of the specific situation involving Kurt Busch, and the broader issue of domestic violence.  Based on our review of the available details, including the court’s findings that were released earlier today, NASCAR has indefinitely suspended driver Kurt Busch. He has been indefinitely suspended based on the rulebook for Section 12.1.a: Actions detrimental to stock car racing, and Section 12.8, which is a behavioral penalty.

Kurt Busch and Stewart Haas Racing are fully aware of why we made this decision, and as with any suspended membership, Kurt will have the right to appeal, and if he does elect to appeal, NASCAR will expedite the appeal process.

NASCAR has made it very clear to our entire membership and the broader industry that any actions of abuse will not be tolerated in the industry. I want to make it clear that any inference that there is a culture or a tolerance for this type of behavior is patently false.

We do not plan to comment further tonight, as this is an ongoing legal matter in Delaware, so we won’t be taking any questions. I appreciate your time tonight. Thank you.

UPDATE #2 (From NASCAR / Feb. 21): 1st Appeal Denied

National Motorsports Appeals Panel Statement
 
The National Motorsports Appeals Panel today heard and considered the appeal of driver Kurt Busch.

The penalty concerns Section 12.1.a: Actions detrimental to stock car racing; 12.8: Behavioral penalty.

The penalty stems from activities last year involving Kurt Busch that resulted in a decision by the Family Court of the State of Delaware to issue an Order of Protection of Abuse against him.

The penalty is an indefinite suspension.

The Appellant appealed both penalties.
 
Upon hearing the testimony, the National Motorsports Appeals Panel decided that the Appellant violated the rules set forth in the penalty notice. The Panel therefore decided to uphold the original penalty assessed by NASCAR.

The panel consisted of the following three individuals:
Mr. Paul Brooks
Ms. Lyn St. James
Mr. Kevin Whitaker

Kurt Busch presented his position to the panel.

Representing NASCAR was Jim Cassidy, Senior Vice President of Racing Operations.

The Appellate Administrator is NASCAR Vice President George Silbermann.

Kurt Busch has the right to appeal the decision to the Final Appeals Officer, Mr. Bryan Moss. Kurt Busch must inform NASCAR of his intent to do so within the guidelines provided to him.

The Final Appeals Officer has indicated that he would hear the final appeal, if requested, this evening at the International Motorsports Center in Daytona Beach, Florida.

UPDATE #3 (From NASCAR / Feb. 21): 2nd (Final) Appeal Denied

This evening, the National Motorsports Final Appeals Officer, Mr. Bryan Moss, heard and considered the appeal of driver Kurt Busch.

The penalty concerns Section 12.1.a: Actions detrimental to stock car racing; 12.8: Behavioral penalty

The penalty stems from activities last year involving Kurt Busch that resulted in a decision by the Family Court of the State of Delaware to issue an Order of Protection of Abuse against him.

The penalty is an indefinite suspension.

Earlier today, a three-person National Motorsports Appeals Panel upheld the original penalty assessed by NASCAR.

Tonight, Kurt Busch presented his position to the Final Appeals Officer.

Representing NASCAR was Jim Cassidy, Senior Vice President of Racing Operations.

The Appellate Administrator is NASCAR Vice President George Silbermann.

Upon hearing tonight’s testimony, Bryan Moss, the National Motorsports Final Appeals Officer, made the following decisions:

·         The appellant violated the Rules set forth in the penalty notice and the decision of the National Motorsports Appeals Panel was correct;

·         The penalty was within the scope of the guidelines;

·         The National Motorsports Final Appeals Officer upholds the original penalty levied by NASCAR

The decision of the National Motorsports Final Appeals Officer is final and binding on all parties.

Kurt Busch now has exhausted his appeal options under the NASCAR Rulebook, and the indefinite suspension remains in effect.

He will not be allowed to race nor participate in any NASCAR activities until further notice.

{fcomment} 

Tags: accusedBuschdaytonaDaytona 500Daytona International Speedwaydenieddomestic abusegirlfriendkurt buschmotorsportmotorsportsNASCARNASCAR Sprint Cupracingrejectedstewart hass racingstock car racingstock carssuspended
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Wally Nesbitt

Wally Nesbitt

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