Defending Against USEF Disciplinary Charges

Equestrian sports are under more public scrutiny than ever before, with allegations of abuse running rampant on social media. The United States Equestrian Federation (USEF) has responded by adopting additional rules aimed at curbing abuse and making it easier to report rule violations. The number of published USEF disciplinary actions has also increased substantially compared to prior years, ranging from drug and medication rule violations to equine welfare rule violations. Here’s what USEF members should know about the USEF disciplinary process.

The Accused is the Last to Know

In general, USEF conducts its own investigation, including interviewing witnesses and gathering evidence, prior to notifying a member that it intends to bring disciplinary charges against them. USEF does not notify the affected member that anyone has reported them, or that an investigation is underway. Only after USEF has completed its investigation and decided to take disciplinary action does it notify the affected member. This provides USEF with a significant tactical advantage over the accused.

Plea Bargains

Sometimes, when USEF notifies the accused member of a rule violation, USEF will offer what it calls “informal resolution,” which is similar to a plea bargain. If the accused member agrees to accept the penalty USEF proposes, which is generally a fine and/or suspension, USEF will conclude the disciplinary process without a hearing. Experienced counsel well-versed in the USEF disciplinary process can offer helpful advice to an accused member considering an informal resolution, such as whether the proposed fine amount and/or suspension period is typical for the type of rule violation at issue. Counsel can also negotiate the proposed penalty on the member’s behalf, such as the timing of a suspension, the amount of a fine and/or the length of a suspension.

Presumption of Guilt

USEF’s role in a disciplinary proceeding is equivalent to a prosecutor in a criminal trial. When USEF pursues disciplinary charges against a member, it believes the member has violated a USEF rule. While USEF may technically have the burden of proof in disciplinary proceedings, as a practical matter, the accused member has the unenviable task of convincing USEF’s Hearing Committee that USEF is wrong. And unlike in a criminal trial, the Hearing Committee is not a jury of the member’s peers. USEF appoints the Hearing Committee members, and even the “athlete representatives” are insiders who serve USEF in other capacities. Some Hearing Committee members are even current or former USEF directors. Accordingly, the Hearing Committee members are not exactly neutral third parties. In addition, USEF can and does communicate with the Hearing Committee in advance of the disciplinary hearing.

Trial by Ambush

Because USEF generally does not reveal its evidence or the identity of its witnesses until the day prior to the disciplinary hearing, the accused member must prepare their defense without this critical information. Once USEF finally reveals its evidence, the accused member has mere hours to analyze it and adjust their defense strategy.

Legal Representation is Critical

Typically, USEF will have one or more of its staff attorneys present its case at the disciplinary hearing. In addition, USEF typically engages outside counsel to advise the Hearing Committee and that attorney also makes decisions during the hearing about important matters such as whether the accused member can pursue a particular line of questioning when examining a witness. Accordingly, having an experienced attorney who can make and respond to legal arguments in real time during the hearing is critical to a successful defense.

How We Can Help

If you receive notice from USEF that you are accused of violating a drug and medication rule, or any other rule, Equine Legal Solutions is here to help. Our attorney, Rachel Kosmal McCart, regularly represents athletes before the governing bodies of equestrian sport, including USEF. We’re always happy to offer an initial consultation to walk you through the process and discuss your options.