Driver’s final appeal denied; earlier appeal denied as well
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DAYTONA BEACH, Fla. — Kurt Busch’s final appeal of NASCAR’s indefinite suspension was denied Saturday night. This came hours after his first appeal was rejected and one day after the sanctioning body handed down punishment based on the findings of a Delaware family court.
NASCAR announced the final decision from National Motorsports Final Appeals Officer Bryan Moss at its headquarters at the International Motorsports Center, where both appeals were heard Saturday. Busch was not allowed counsel from Rusty Hardin, his lead attorney, or any member of his legal team during either hearing.
The ruling scuttles any notion of an 11th-hour reinstatement to the Stewart-Haas Racing No. 41 Chevrolet ahead of Sunday’s season-opening Daytona 500. Team representatives said Saturday morning that SHR planned to enter Regan Smith as an interim driver of the No. 41 car, regardless of the appeal’s outcome. Smith was fitted for the driver’s seat and drove the car in Saturday’s final NASCAR Sprint Cup Series practice.
Busch has now exhausted his appeal options under the NASCAR rulebook and the indefinite suspension remains in effect.
Busch’s next step toward potential reinstatement will be a prescribed path of treatment subject to professional review, similar to the NASCAR Road to Recovery substance abuse reinstatement process, according to a NASCAR spokesperson. Busch is already required “to be evaluated by a licensed mental health professional” and to complete any prescribed plan of treatment, according to the terms of the family court’s conclusions.
“We are unhappy with the latest decision to deny our re-appeal, but we will continue to exhaust every procedural and legal remedy we have available to us until Kurt Busch is vindicated,” Hardin said in a statement.
Busch was suspended Friday after the conclusions reached by Kent County (Delaware) Commissioner David Jones stated that a “preponderance of the evidence” indicated that Busch “committed an act of domestic violence” against former girlfriend Patricia Driscoll last September at Dover International Speedway. Jones’ findings were released four days after the family court granted Driscoll’s request for an Order of Protection from Abuse, stemming from their alleged altercation in Busch’s motorcoach.
Busch’s punishment fell under two headings in the NASCAR Rule Book: Section 12.1.a: Actions detrimental to stock car racing; and 12.8: Behavioral penalty.
On Friday, Steve O’Donnell — NASCAR Executive Vice President and Chief Racing Development Officer — said that Busch had the option of appealing the decision and that the process would be expedited. Hardin indicated shortly thereafter that his client would contest the ruling.
Busch’s first appeal, which was scheduled at noon ET Saturday, was heard by the three-member National Motorsports Appeals Panel. Hardin indicated minutes after the decision was announced that the driver would submit a final appeal.
“We are very disappointed that our appeal was rejected by NASCAR’s appeal panel,” Hardin said in a statement after the first decision was made public. “We are re-appealing immediately, per the proscribed process. We have significant and strong evidence that contradicts the Commissioner’s conclusions. In the end we are confident that Kurt will be vindicated and he will be back racing. Until then we will continue to fight on his behalf by ensuring that the entire truth is known.”
Busch’s last recourse in attempting to gain reinstatement during Daytona’s Speedweeks marked the first final appeal heard by Moss, the former president of Gulfstream Aerospace who was named National Motorsports Final Appeals Officer last season.
Moss’ decision is final. The main difference between the two hearings — according to the NASCAR Rule Book — is that the burden of proof fell to Busch in the final appeal; in the initial appeal, the burden of proof was NASCAR’s responsibility.
In both appeals, Jim Cassidy, NASCAR Senior Vice President of Racing Operations, represented the sanctioning body, and NASCAR Vice President George Silbermann served as the appellate administrator.
According to a NASCAR release, the three-member panel for Saturday’s first appeal consisted of: Paul Brooks, a former NASCAR Senior Vice President; Lyn St. James, a former IndyCar and sports car racer; and Kevin Whitaker, operator of Greenville-Pickens Speedway, a NASCAR-sanctioned weekly track in South Carolina.
Busch left the building, across the street from Daytona International Speedway, after the first appeal Saturday afternoon without comment, whisked away in the back seat of a Ford SUV that squealed its tires as it departed at 2:56 p.m. ET. The decision was announced approximately 20 minutes later.
The Monday ruling for a no-contact order is a separate legal matter from the Dover (Delaware) Police Department’s investigation of the alleged assault. The department concluded its probe on Jan. 6, turning the case over to the county’s attorney general’s office, which has not decided whether Busch will face criminal charges.
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