Guilty as Charged: Mythilus and King-Dye, US Dressage Team Punished in Olympic Medication Violation Decision

Because of the serious nature of this story, I will share with you the decision as it was issued by the Federation Equestre International (FEI) today. Sorry I can't report a happy ending to this ongoing story.

Thanks to Malina Gueorguiev of the FEI who writes:

Today the FEI Tribunal has issued its decision in the Positive Medication Case involving the horse MYTHILUS ridden by Ms Courtney King-Dye, the person responsible ("PR"), and representing the US Dressage Team at the 2008 Olympic Games in Hong Kong.

The horse was sampled at the Olympic Games on 19 August 2008 and tested positive for Felbinac. Felbinac is a non-steroidal anti-inflammatory drug (NSAID) used to reduce inflammation and pain and, accordingly, is classified as “Medication A” Prohibited Substances under the FEI Equine Prohibited List (VR Annex III).

At a preliminary hearing held during the Olympic Games on 22 August 2008 it was decided to maintain the provisional suspension until the final decision of the case.

The hearing in this case was held at the FEI Headquarters on 7 September 2008. Before and during the hearing the PR presented testimonies and legal arguments and the United States Equestrian Federation ("USEF") requested that in case of a decision against the PR, the US Dressage Team does not forfeit its 4th place at the Olympic Games.

The Tribunal was satisfied that the laboratory reports relating to both the A-Sample and the B-sample reflect that the analytical tests were accurately performed in an acceptable method and that the findings of the laboratory were accurate. The FEI Tribunal was satisfied that the test results evidenced the presence of Felbinac.

The Tribunal did not accept the PR's argument that the exception contained in Equine Anti Doping and Medication Control Rules ("EADMCR") Article 2.1.3 to a medication rule violation in case of an environmental contamination should apply, since Felbinac did not appear on the Equine Prohibited List as a threshold substance and no specific criteria was established for it on such List as a contaminant.

The Tribunal repeated its stand that the FEI policy in regard to doping and medication does not only intend to ensure a level playing field but has the additional policy consideration of ensuring that the welfare of the horse is maintained and that horses compete only when they are physically fit and capable of competing. This requires doping and medication rule violations to be strict liability or no fault offences. The PR's arguments that she had gained no competitive advantage and that the findings did not constitute any maltreatment of the horse, due to the nature of the substance and the minimal concentration detected, were therefore not relevant.

The Tribunal accepted the FEI's position that, under the clear language of EADMCR Article 10.5, in order for the PR to prove that she bears no fault and no negligence and that the sanctions should be eliminated, she must demonstrate how the substance entered the horse's systems. While elaborate, the explanations furnished by the PR were only speculations.

As a result of the foregoing, the horse and the PR are disqualified from the Games and all medals, points and prize money won at the Olympic Games by them are forfeited. Such disqualification is automatic and is not considered a sanction; rather it is an automatic mechanism used to ensure a level playing field.

As a result, the US Dressage Team with its remaining two competitors is also disqualified and loses its 4th place. The Tribunal did not accept the arguments of the USEF that the resulting disqualification of its Team, when the sampling was carried days after the end of the Team competition, is a "sanction" which is inappropriate in this case and should not be imposed. The Tribunal noted that the resulting disqualification was automatic.

In regard to sanctions, the Tribunal considered the fact that the PR is an experienced sportswoman and that the behaviour of anyone at the top of the sport and particularly at the Olympic Games must be faultless since the eyes of the world focus on performances at such events.

On the other hand, the Tribunal found the evidence of the PR and the US Dressage Team Vet to be credible and believed that neither the PR nor anyone on her behalf or related to the USEF had knowingly administered the medication to the horse. The Tribunal further accepted the PR's and USEF's arguments that they have done almost everything in their power to ensure that no rule violation shall occur. The Tribunal also considered the type of Medication A substance involved and its therapeutic applications, the fact that the same substance may not be considered as a doping substance, the specific circumstances relating to the horse's hospitalization in Hong Kong and the possibility of contamination, the excellent stable management practiced by the US team and measures placed to try and ensure the no horse with prohibited substances participates at the Olympic Games, the efforts made by the PR and the USEF to determine the source of the positive finding, the impeccable record and reputation of the PR, the PR’s cooperation in the investigation and the hardship already caused to the PR including the fact that the US Dressage Team has already lost its 4th place at the Olympic Games.

As a consequence, the Tribunal imposed on the PR a one month suspension, which has commenced on the date of the application of the provisional suspension and ended on 21 September 2008, fine and costs.

The Games Aren't Over Yet: US Olympic Dressage Horse Tests Positive for Banned Substance

Courtney King-Dye and Mythilus; photo kindly loaned by Susan J. Stickle (thanks!)

The FEI today communicated that an additional doping/medication case at the 2008 Olympic Games has emerged. The charges concern US dressage rider Courtney King-Dye and her horse Mythilus, who tested positive for the banned substance Felbinac, considered a "medication class A" prohibited substance.

Felbinac is applied topically for the relief of local pain and inflammation and belongs to a group of medicines called non-steroidal anti-inflammatory drugs (NSAIDs).

King-Dye, who placed 13th individually in the Dressage competition, was officially notified on the morning of 22 August of the positive test result and the decision for provisional suspension was upheld that evening at a preliminary hearing before one member of the FEI Tribunal.

Later today, the US Equestrian Federation released information that Mythilus had been treated in the Hong Kong Jockey Club Clinic for artrial fibrillation as a result of stress from his trip. USEF's team veterinarian, Dr. Rick Mitchell, attended to the horse in close cooperation with the Veterinary Commission.

King-Dye and Dr. Mitchell believe that during treatment at the clinic, he may have come in contact with Felbinac. In discussion with King-Dye, USEF vets, grooms and physical therapists, no other explanation or conclusion was able to be drawn.

“Neither I nor my vets had ever heard of the drug Felbinac until we got the call about Myth's positive test,” said King-Dye. “We were stunned and baffled. We spent the entire day doing internet research on the uses for this drug and how it could possibly have gotten into my horse's system.

"As far as we could find it is not even manufactured, approved, or available in the US. My horse has had no soundness problems whatsoever, and I would have no need for an anti-inflammatory.

"Anyone who knows me knows whole heartedly that I would never dope my horse intentionally. It is cheating; it is not putting your best against the other’s best. I have never been in a more torturous and frustrating situation; trying to prove innocence is very hard. It saddens me beyond description that my whole reputation could be blackened because of this situation,” she said in an official USEF statement released today.

The FEI Tribunal stated in their Preliminary Decision that “there are circumstances in this case that makes it difficult to clear out how the Prohibited Substance entered into the horse’s system.”

“The USEF stands behind the FEI's initiatives to rid the sport of doping and to protect the welfare of our horses. We are equally supportive of Courtney in this situation as this substance was unknown to any of us until a few days ago,” said USEF CEO John Long. “It seems clear that Mythilus came into contact with it without Courtney's or Dr. Mitchell's knowledge.”

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Rollkur Revolt: FEI Makes Official Statement Discouraging Overflexion in Dressage Training

This photo illustrates a horse in the "overflexed" position condemned by many critics. While an FEI special investigation could not prove that the practice actually harmed the horse, the new thinking is that the practice may constitute a form of mental abuse. The FEI supports the concept of "the happy horse" in the competition arena.

In the small type of the April 10th summary from the veterinary committee of the Federation Equestrian International (FEI), the world governing body of equestrian sports, is a paragraph of particular interest to those on either side of the debate over a training method commonly called "rollkur" or "bite the chest":

STATEMENT ON HYPERFLEXION (ROLLKÜR): the following statement was adopted: There are no known clinical side effects specifically arising from the use of hyperflexion, however there are serious concerns for a horse's well-being if the technique is not practiced correctly. The FEI condemns hyperflexion in any equestrian sport as an example of mental abuse. The FEI states that it does not support the practice.

Rollkur was first brought to the public's attention by a German dressage magazine that was highly critical of Dutch dressage rider Anky van Grunsven's warmup routine before her Grand Prix performance. The criticism led to disputes between many factions of the dressage community. Researchers including America's Dr. Hilary Clayton and France's Dr. Jean-Marie Denoix presented evidence to the FEI at a special forum on the subject last year. Veterinary researchers could find no evidence of direct harm to the neck or spine of the horse.

In late 2007, a new book called Tug of War: Classical Versus "Modern" Dressage: Why Classical Training Works and How Incorrect Riding Negatively Affects Horses' Health by German veterinarian Gerd Heuschmann became a manifesto for condemnation of the practice. The book was an immediate bestseller and is the rare example of a horse book climbing into the upper atmosphere of Amazon.com bestsellers. Tug of War is currently #1 on Amazon in riding books, #1 in horse training and #2 in overall equestrian books. (Edgar Prado's My Guy Barbaro is #1 overall in the equestrian category.)

This debate is ongoing and how the FEI statement is interpreted should be interesting. Stay tuned for more rollkur news!

All in a day's work for the princess of equestrian sport. (FEI photo)

HRH Princess Haya Bint Al Hussein, president of the world's governing body of horse sports, the Federation Equestrian Internationale (FEI), climbed another impressive rung of the world sport hierarchy this week when she was elected to the International Olympic Committee (IOC).

She defeated the Secretary General of the International Basketball Federation (FIBA), the President of the Columbian Olympic Committee, and the President of the Indonesian Olympic Committee.

Commenting on the decision, IOC President Jacques Rogge said: "The fact that half of the nominees are women reflects the IOC’s desire to lead by example as regards our policy of increasing the number of women in sports organisations.” The FEI is one of only two International Olympic Sports Federation out of a total of 34, 28 Summer and 6 Winter, to be chaired by a woman and has been since 1986.

Princess Haya will become only the 15th woman on the 115-member body, and she will be the third Arab woman.

While she technically represents the United Arab Emirates (UAE) because of her marriage to the Sheikh, the Princess is the daughter of the king of Jordan and represented her country in show jumping in the Sydney Olympics. Her husband is deeply involved in equestrian endurance.