JS7 Appeal, FIM Extension

Anonymous (not verified)
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3/14/2015 8:34am Edited Date/Time 3/30/2015 11:16pm
Word is (According to a few guys in the know) apparently the FIM appeal process is supposed to take 2 months to come to a decision but they have filed an extension so they can take more time to come to a decision on the JS7 appeal.
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Flip109
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3/14/2015 8:37am
They will come with a decision around August Whistling
slipdog
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3/14/2015 8:38am
I've been waiting for this thread to pop up here...
kongols
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3/14/2015 8:48am Edited Date/Time 3/14/2015 8:52am
Thing is- appeal is not to FIM but CAS (Court of Arbitration for Sport). Stewart can not appeal to FIM. I don`t see his hearing till May 22th. I`ll check the information and if the hearing date pops up I`ll post it here, but the hearing won`t take place till May22nd, that`s for sure. From what I understand you`re saying is that FIM asked CAS to delay hearing date cause they need more time to prepare.
ChrisB10
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3/14/2015 9:04am
Flip109 wrote:
They will come with a decision around August Whistling
Exactly

The Shop

kongols
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3/14/2015 9:06am Edited Date/Time 3/14/2015 9:07am
Flip109 wrote:
They will come with a decision around August Whistling
ChrisB10 wrote:
Exactly
Yup, looks like it. And Stewart`s $200`000 down a toilet. I`d sue FIM for all these delays. If at first it did not look deliberately, now it sure does. They just fucking with him.
jamma10
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3/14/2015 9:14am
Flip109 wrote:
They will come with a decision around August Whistling
ChrisB10 wrote:
Exactly
kongols wrote:
Yup, looks like it. And Stewart`s $200`000 down a toilet. I`d sue FIM for all these delays. If at first it did not look deliberately, now...
Yup, looks like it. And Stewart`s $200`000 down a toilet. I`d sue FIM for all these delays. If at first it did not look deliberately, now it sure does. They just fucking with him.
Why is it in their interests to do that though? That's what I don't understand.

He's a marquee rider and a major draw for a series that they sanction.
avidchimp
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3/14/2015 9:17am
ChrisB10 wrote:
Exactly
kongols wrote:
Yup, looks like it. And Stewart`s $200`000 down a toilet. I`d sue FIM for all these delays. If at first it did not look deliberately, now...
Yup, looks like it. And Stewart`s $200`000 down a toilet. I`d sue FIM for all these delays. If at first it did not look deliberately, now it sure does. They just fucking with him.
jamma10 wrote:
Why is it in their interests to do that though? That's what I don't understand. He's a marquee rider and a major draw for a series...
Why is it in their interests to do that though? That's what I don't understand.

He's a marquee rider and a major draw for a series that they sanction.
Some would say it is because James defied the F.I.M.'s preliminary suspension by racing the nationals. But what do I know....
turbotime
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3/14/2015 9:44am
If James was sponsored by Monster Energy he would currently be racing.

Don't kid yourselves.
3/14/2015 9:45am
turbotime wrote:
If James was sponsored by Monster Energy he would currently be racing.

Don't kid yourselves.
False.
CR250Rider
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3/14/2015 9:55am
Flip109 wrote:
They will come with a decision around August Whistling
ChrisB10 wrote:
Exactly
kongols wrote:
Yup, looks like it. And Stewart`s $200`000 down a toilet. I`d sue FIM for all these delays. If at first it did not look deliberately, now...
Yup, looks like it. And Stewart`s $200`000 down a toilet. I`d sue FIM for all these delays. If at first it did not look deliberately, now it sure does. They just fucking with him.
$200k ?
What is that about?
Flex
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3/14/2015 9:59am
ChrisB10 wrote:
Exactly
kongols wrote:
Yup, looks like it. And Stewart`s $200`000 down a toilet. I`d sue FIM for all these delays. If at first it did not look deliberately, now...
Yup, looks like it. And Stewart`s $200`000 down a toilet. I`d sue FIM for all these delays. If at first it did not look deliberately, now it sure does. They just fucking with him.
CR250Rider wrote:
$200k ?
What is that about?
The the interview with james he said he has spent 200K on the last appeal with all the lawyers and things like that and this appeal will cost a lot as well.
Matt Fisher
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3/14/2015 10:03am
turbotime wrote:
If James was sponsored by Monster Energy he would currently be racing.

Don't kid yourselves.
While I get your point, I don't think that's the case. As far as I can tell, the FIM neutered themselves by handing all the power over to WADA, under contract.
Flex
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3/14/2015 10:08am
turbotime wrote:
If James was sponsored by Monster Energy he would currently be racing.

Don't kid yourselves.
While I get your point, I don't think that's the case. As far as I can tell, the FIM neutered themselves by handing all the power...
While I get your point, I don't think that's the case. As far as I can tell, the FIM neutered themselves by handing all the power over to WADA, under contract.
WADA Cleared JS7 to race this year. FIM decided to penalize him any ways...
kongols
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3/14/2015 10:21am Edited Date/Time 3/14/2015 10:22am
turbotime wrote:
If James was sponsored by Monster Energy he would currently be racing.

Don't kid yourselves.
While I get your point, I don't think that's the case. As far as I can tell, the FIM neutered themselves by handing all the power...
While I get your point, I don't think that's the case. As far as I can tell, the FIM neutered themselves by handing all the power over to WADA, under contract.
No. Right now it`s FIM against Stewart in CAS. If WADA thought FIM penalty was too soft they could appeal FIM decision in CAS and then it would be WADA against FIM. WADA only does testing, however they can appeal federation penalty if they do not agree with it.
Matt Fisher
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3/14/2015 10:24am
turbotime wrote:
If James was sponsored by Monster Energy he would currently be racing.

Don't kid yourselves.
While I get your point, I don't think that's the case. As far as I can tell, the FIM neutered themselves by handing all the power...
While I get your point, I don't think that's the case. As far as I can tell, the FIM neutered themselves by handing all the power over to WADA, under contract.
Flex wrote:
WADA Cleared JS7 to race this year. FIM decided to penalize him any ways...
Really? Well that is interesting.
40Plus_922mx
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3/14/2015 10:27am
It is time to DUMP the FIM.
This is AMERICAN SUPERCROSS. We don't NEED the FIM involved in any way.
If MP says it then it is law.
3/14/2015 10:35am Edited Date/Time 3/14/2015 10:36am
The top 40 or 50 riders in 250 an 450 classes should take over the series ( as in ownership) the same way the PBR ( professional bull riders association) did . See below PBR's website

This is bull riding, and the first rule is just to stay alive.

Headquartered in Colo., the Professional Bull Riders, Inc. was created in 1992 when a group of 20 visionary bull riders broke away from the traditional rodeo scene seeking mainstream attention for the sport of professional bull riding. They felt that, as the most popular event at a rodeo, bull riding deserved to be in the limelight and could easily stand alone. Each rider invested a hard-earned $1,000, a few of them borrowing from family and friends, to start the PBR.

In early 2007, Spire Capital Partners finalized a deal with the PBR Board of Directors to acquire the interests of many of the retired founding riders and invest in the growth of the organization. Those first 20 bull riders had turned their $1,000 into millions. Owned today by 44 cowboys, management and Spire Capital, the PBR continues to establish milestones in organizational revenue, bull rider earnings, record breaking performances, and media attention.
gsxrcr28
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3/14/2015 10:37am
ChrisB10 wrote:
Exactly
kongols wrote:
Yup, looks like it. And Stewart`s $200`000 down a toilet. I`d sue FIM for all these delays. If at first it did not look deliberately, now...
Yup, looks like it. And Stewart`s $200`000 down a toilet. I`d sue FIM for all these delays. If at first it did not look deliberately, now it sure does. They just fucking with him.
jamma10 wrote:
Why is it in their interests to do that though? That's what I don't understand. He's a marquee rider and a major draw for a series...
Why is it in their interests to do that though? That's what I don't understand.

He's a marquee rider and a major draw for a series that they sanction.
In the letter from the President of the AMA to the FIM, he seems to indicate the FIM is trying to keep James from racing the Outdoor Nationals. I've heard speculation its to keep as much of the focus as possible on the GP series. I don't know if that is true or not. Here is the letter.

http://www.vitalmx.com/features/The-AMA-Comes-to-James-Stewarts-Defense…

3/14/2015 10:37am
turbotime wrote:
If James was sponsored by Monster Energy he would currently be racing.

Don't kid yourselves.
While I get your point, I don't think that's the case. As far as I can tell, the FIM neutered themselves by handing all the power...
While I get your point, I don't think that's the case. As far as I can tell, the FIM neutered themselves by handing all the power over to WADA, under contract.
Flex wrote:
WADA Cleared JS7 to race this year. FIM decided to penalize him any ways...
Is that true? I don't think it is.
gsxrcr28
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3/14/2015 10:40am
While I get your point, I don't think that's the case. As far as I can tell, the FIM neutered themselves by handing all the power...
While I get your point, I don't think that's the case. As far as I can tell, the FIM neutered themselves by handing all the power over to WADA, under contract.
Flex wrote:
WADA Cleared JS7 to race this year. FIM decided to penalize him any ways...
TripleFive wrote:
Is that true? I don't think it is.
WADA's panel of physicians cleared him to race with Adderall, they don't hand out penalties.
kongols
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3/14/2015 10:40am
While I get your point, I don't think that's the case. As far as I can tell, the FIM neutered themselves by handing all the power...
While I get your point, I don't think that's the case. As far as I can tell, the FIM neutered themselves by handing all the power over to WADA, under contract.
Flex wrote:
WADA Cleared JS7 to race this year. FIM decided to penalize him any ways...
TripleFive wrote:
Is that true? I don't think it is.
Well, sort of. They accepted his TUE, so did USADA. They have no saying in who can and can not race.
jleews6
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3/14/2015 10:42am
Flip109 wrote:
They will come with a decision around August Whistling
ChrisB10 wrote:
Exactly
kongols wrote:
Yup, looks like it. And Stewart`s $200`000 down a toilet. I`d sue FIM for all these delays. If at first it did not look deliberately, now...
Yup, looks like it. And Stewart`s $200`000 down a toilet. I`d sue FIM for all these delays. If at first it did not look deliberately, now it sure does. They just fucking with him.
I agree and I also agree with Turbotime. This is a bunch of BS.
kongols
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3/14/2015 10:42am
Flex wrote:
WADA Cleared JS7 to race this year. FIM decided to penalize him any ways...
TripleFive wrote:
Is that true? I don't think it is.
gsxrcr28 wrote:
WADA's panel of physicians cleared him to race with Adderall, they don't hand out penalties.
Beat me by a tire knob.Cool
FIREfish148
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3/14/2015 1:03pm
FREE BUBBA! We're being punished just as much as him I feel.
rcm406
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3/14/2015 1:05pm
Yep, definitely some political BS going on! I just trying to figure out the FIM's motives!
FreshTopEnd
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3/14/2015 1:08pm Edited Date/Time 3/14/2015 1:11pm
Since facts seem to be absent (i know, waste of time), here's a couple.

The default penalty period is 2 years for a first violation.

There are CAS decisions holding that getting a TUE after the fact of a a positive test does not excuse the violation because doing so would penalize athletes that comply with the TUE requirements. "The Panel underscores the position taken by USADA regarding R.’s attempt to obtain a retroactive TUE. The use of an anti-doping appeals procedure to obtain a retroactive TUE in order to eliminate penalties for past use which also has prospective effect permitting future use would undermine the TUE process and disadvantage those competitors who abide by established TUE rules. TUE procedures remain open to R. and the rules governing the granting of a TUE for ADD/ADHD disorders are set down in the 2007 USADA Guide. These, however, can have only prospective effect." http://jurisprudence.tas-cas.org/sites/CaseLaw/Shared%20Documents/1577.pdf

In the case of the substance Stew admits using (classified as amphetamine), the minimum penalty is one year without possibility of reduction. The only way to avoid the penalty is for the athlete to establish she had no idea she took the substance and her ignorance was justifiable.

To get any reduction toward that one year floor from the default 2 year ban for a first violation, a person must establish under the Code some mitigating factor. Things that apply here are whether the person complied with any provisional discipline, took affirmative steps to educate other athletes, and, probably most importantly, whether the athlete can establish that he was taking the substance therapeutically and not to gain a performance advantage. (Stew goes 1-3 on this; the TUE for future competition only affects the decision regarding the violation as it concerns whether a competitive advantage was sought).

All of this information has been clearly available to riders and teams and the AMA since PED testing was incorporated into SX.

CAS updates its releases on appeals filed, hearing results, settlements, fairly regularly. The site does not reflect any appeal with regard to Stewart's penalty. http://www.tas-cas.org/en/media/latest-news.html I wondered for awhile if there was some internal FIM appeal, but the Dec 2014 press release from the FIM acknowledged that the next step was appeal to the CAS within 21 days of the release of the decision. It also said that the full reasoned decision was sent to Stewart then and would be published in the FIM website in "due course." Haven't found it there yet, though it's not the easiest site to navigate. http://www.fim-live.com/en/library/

[End of facts]

What is curious is the lack of an appeal registered with CAS, which was Stewart's action, when the FIM PR says that the full reasoned decision for that appeal was sent to him triggering the time within which he had to file or lose the right to appeal. It's possible the parties are negotiating something, but that is sheer speculation.

I don't think he has a chance at a reduction based on reading CAS decisions regarding the penalty unless he can establish some actual bias based on hard evidence (some kind of smoking gun document or testimony), and I don't think there's time for that as far as reducing the penalty. And in any event, there's nothing exceptional about how he's being handled if you read other cases and penalties. There are no special FIM rules being applied to hammer him, and a completely different part of the FIM handles these decisions, not the MX division in GL's pocket.

Big Stew fan, but I think he carved the short end of the stick for himself here.
rcm406
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3/14/2015 1:13pm
kongols wrote:
Yup, looks like it. And Stewart`s $200`000 down a toilet. I`d sue FIM for all these delays. If at first it did not look deliberately, now...
Yup, looks like it. And Stewart`s $200`000 down a toilet. I`d sue FIM for all these delays. If at first it did not look deliberately, now it sure does. They just fucking with him.
jamma10 wrote:
Why is it in their interests to do that though? That's what I don't understand. He's a marquee rider and a major draw for a series...
Why is it in their interests to do that though? That's what I don't understand.

He's a marquee rider and a major draw for a series that they sanction.
gsxrcr28 wrote:
In the letter from the President of the AMA to the FIM, he seems to indicate the FIM is trying to keep James from racing the...
In the letter from the President of the AMA to the FIM, he seems to indicate the FIM is trying to keep James from racing the Outdoor Nationals. I've heard speculation its to keep as much of the focus as possible on the GP series. I don't know if that is true or not. Here is the letter.

http://www.vitalmx.com/features/The-AMA-Comes-to-James-Stewarts-Defense…

What?!!!!, RV can't carry a series all by himself? Come on, FIM shouldn't worry about little ole James Bubba Stewart taking attention away from the GPs! Nobody cares about watching James!DryHuhShocked
Zracer
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3/14/2015 1:16pm
FREE BUBBA! We're being punished just as much as him I feel.
Rofl, no sense of entitlement from this guy.
gsxrcr28
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3/14/2015 1:17pm
jamma10 wrote:
Why is it in their interests to do that though? That's what I don't understand. He's a marquee rider and a major draw for a series...
Why is it in their interests to do that though? That's what I don't understand.

He's a marquee rider and a major draw for a series that they sanction.
gsxrcr28 wrote:
In the letter from the President of the AMA to the FIM, he seems to indicate the FIM is trying to keep James from racing the...
In the letter from the President of the AMA to the FIM, he seems to indicate the FIM is trying to keep James from racing the Outdoor Nationals. I've heard speculation its to keep as much of the focus as possible on the GP series. I don't know if that is true or not. Here is the letter.

http://www.vitalmx.com/features/The-AMA-Comes-to-James-Stewarts-Defense…

rcm406 wrote:
What?!!!!, RV can't carry a series all by himself? Come on, FIM shouldn't worry about little ole James Bubba Stewart taking attention away from the GPs...
What?!!!!, RV can't carry a series all by himself? Come on, FIM shouldn't worry about little ole James Bubba Stewart taking attention away from the GPs! Nobody cares about watching James!DryHuhShocked
He can carry it no problem, he's doing a great job, along with all the other riders. I don't think that is the FIM's motivations, just some mumbling I heard. As FTE said, its a different part of the FIM that handles this stuff.
DonM
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3/14/2015 1:27pm
turbotime wrote:
If James was sponsored by Monster Energy he would currently be racing.

Don't kid yourselves.
While I get your point, I don't think that's the case. As far as I can tell, the FIM neutered themselves by handing all the power...
While I get your point, I don't think that's the case. As far as I can tell, the FIM neutered themselves by handing all the power over to WADA, under contract.
Flex wrote:
WADA Cleared JS7 to race this year. FIM decided to penalize him any ways...
Yeah ok....all they did was approve his TUE after he was suspended(for after his suspension is served)...he was never cleared to race...

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