NASCAR Commission upholds Sauter penalties

DAYTONA BEACH, Fla. -- The National Stock Car Racing Commission announced Thursday that it had rejected NASCAR Busch Series driver Johnny Sauter's appeal of financial and points penalties levied earlier this month.

The Commission, consisting of Chairman George Silbermann, NASCAR's director of administration; former sports car driver Lyn St. James; and former track owner Mike Staley upheld NASCAR's $10,000 fine and 25-point penalty.

Sauter has the right under Section 15 of the Busch Series rulebook to appeal the decision to National Stock Car Racing Commissioner Charles D. Strang and Thursday his team owner, Clarence Brewer, said the team was seriously considering that move.

"As of right now we plan to appeal," Brewer said. "Because I think we've been made an example of. My biggest problem with the whole situation is not the fine for cursing, because I agree with it. Even if it were more I wouldn't have a problem with it.

"The problem I have as a team owner is that when you deduct points for an action that the driver did, you're affecting Clarence Brewer and the team more than the driver.

"If Johnny were to finish second in points instead of first because of the 25 points (penalty), it's going to cost Clarence Brewer $200,000 in driver point fund money that's shared between the team and the driver."

Sauter is currently 10th in the Busch Series driver standings, 113 points behind leader Kevin Harvick. Without the 25-point penalty, Sauter would be tied with Bobby Hamilton Jr. for sixth position.

Brewer said he looked back through five years of records and could find no record of anyone being penalized points for cursing, only for breaking other rules in the rulebook.

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Sauter, who also competes in the Nextel Cup Series, was penalized -- including being placed on probation for the balance of this calendar year -- for cursing in a live broadcast interview March 6 following the Sam's Town 300 at Las Vegas Motor Speedway, in which he finished 16th.

According to a statement issued Thursday by the Commission, during the hearing Tuesday, Sauter acknowledged that the infraction had occurred.

He did not contest the fine or probation, but appealed the loss of driver points, arguing that points had not been deducted for improper language violations in the past. Witnesses further argued that the loss of driver points would have an adverse effect on the team.

In its statement the Commission countered that, in considering the appeal, it recognized that NASCAR drivers in the top tiers of the sport are high-profile celebrities and should conduct themselves accordingly.

They also noted that NASCAR had issued specific warnings to contestants during the driver briefings at the preceding event, at North Carolina Speedway in Rockingham, regarding the use of inappropriate language during live event broadcasts.

The Commission noted that the violation occurred on-air at the racetrack during the live broadcast of a NASCAR event, not in a casual private conversation or off-site activity.

The Commission noted that prior penalties issued by NASCAR for improper language, while carrying substantial fines in some cases, had not included a loss of driver points, but that in Sauter's case "NASCAR had sent an unambiguous message just prior to this infraction regarding the importance of this matter and the likelihood of increased penalties for further infractions."

In its statement, the Commission held that, "given these circumstances, the penalty assessed was correct."

The Commission said that Sauter and his team raised questions about knowing where to draw the line for what is acceptable or unacceptable, while acknowledging that the word used in this case had clearly crossed the line.

The Commission suggested that, "if there is some doubt in a contestant's mind about whether or not a specific word or phrase might cross the line, then the contestant should contact NASCAR regarding their policies."

The Commission unanimously decided to uphold the penalties issued March 10 by NASCAR under Section 12-4-A of the Busch Series rulebook; "actions detrimental to stock car racing; use of improper language."

Brewer said Sauter had to pay $200 to appeal the penalties to the Commission. The appeal to Strang carries the same fee.

The team owner said he supported his driver's fiery temperament.

"I've had both -- drivers that I had to tone down a bit and those I had to light a fire under," Brewer said. "I'd rather have a driver that has some fire in him because that's what wins races and that's what the sport needs.

"The sport don't need a bunch of people that are vanilla-coated clones. I've had both and I sure enjoy watching one that's driving to the front rather than one that just rides."