A bevy of factors contributed to Kurt Busch's suspension last weekend at Phoenix. Credit: Chris Stanford/Getty Images

The moral(s) of the story

Morality clauses force drivers, teams to be above reproach

On the occasion of Kurt Busch's recent misadventure in the Valley of the Sun, it is probably a good time for an introductory course in the morality clauses commonly found in driver contracts.

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Busch was arrested and charged with reckless driving last week at Phoenix International Raceway. Deputies reportedly smelled alcohol on his breath, and Busch was taken back to the track to be given a breathalyzer. The machine reportedly malfunctioned, and Busch was subsequently cited for reckless driving.

OK, all in all, that's not a heinous crime in and of itself, right?

Wrong.

Busch was sponsored by Diageo, the makers of Crown Royal, an alcoholic beverage and the first hard-liquor sponsor in NASCAR history. Busch was the face of Crown Royal's responsible drinking initiative and he filmed several PSAs speaking out against the dangers of driving under the influence.

The contract that Diageo has with Roush Racing and with Busch himself contains clauses that deal with behavior and how the team and driver represent the sponsor. Hence, the morality clause.

Geoff Smith, president of Roush Racing, spoke recently on why Roush Racing decided to release Busch two races early in the aftermath of his traffic stop.

"We have our values to deal with, our own policies and ethics and practices and so forth," Smith said. "You have the concept of most of what we call 'morality clauses' that are in our agreements. The standard that's imposed on a race team, its driver, and crew for that matter, is generally a much higher standard than is imposed on other professional athletes.

"Depending on the specific language of the clause, there is not much wiggle room when you deal with behavioral actions that adversely reflect upon a sponsor or brand of a sponsor."

Wiggle room, in this case, means that Busch had one shot to make it right, and he blew it. According to one or more clauses in his contract, Busch was in trouble the moment he was stopped by sheriff's deputies.

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There you have the crux of the matter: No driver who competes with the kind of sponsorship Busch did can afford any action that negatively portrays the team, company or brand in a negative light.

As the first hard-liquor sponsor in NASCAR, Diageo (which also makes Smirnoff Ice) was very concerned about its image within the community and throughout the sport. As with long-time adult beverage sponsors Budweiser and Miller, Diageo took steps to ensure that its driver was above reproach when in public.

Busch did register a small trace of alcohol -- 0.017--on the breathalyzer he was given at the scene, and that was likely enough to trigger the morality clause in his contract. That is speculation, but not far off from the usual way such clauses work.

Had Busch been competing in the National Football League, the NBA or Major League Baseball, this would never have gotten as big as it has. NASCAR drivers are independent contractors; other pro athletes are members of organizations which have collective bargaining agreements with player unions.

Companies may terminate relationships with independent contractors a lot easier than they can with others.

Miller Brewing Company has many of the same strictures to follow, including its own responsibility messaging, that Busch will have to follow. Team owner Roger Penske has always stood behind his drivers and has done so in this instance, saying that Busch will be in the seat of his No. 2 Miller Lite Dodge next season.

In the past, brewing companies like Budweiser and Miller were the only sponsors to have to worry about DUI clauses, although it is likely that other sponsors have had them as part of the standard contract language.

It's a pretty good bet that companies will be dusting off the boilerplate in coming months to update that language in existing contracts.