A three-member panel denied Kurt Busch’s appeal Saturday, leaving his NASCAR suspension intact.
The hearing lasted about three hours at NASCAR’s headquarters. Busch did not speak to reporters. He slipped into a rear passenger door of an SUV, which squealed its tires as reporters approached.
Busch can appeal to Bryan Moss, National Motorsports Final Appeals Officer. His decision is final. NASCAR had not yet received a formal request for that hearing but it is likely. If so, the hearing is expected to take place after Saturday afternoon’s Xfinity race at Daytona International Speedway.
The Appeals Panel members who heard the case were former NASCAR executive Paul Brooks, former driver Lyn St. James, and Greenville-Pickens (S.C.) Speedway owner Kevin Whitaker.
NASCAR was represented in Saturday’s hearing by Jim Cassidy, senior vice president of racing operations. Busch presented his position to the panel.
NASCAR indefinitely suspended Busch on Friday, a few hours after a Kent County (Del.) Family Court Commissioner concluded that “it is more likely than not’’ that Busch committed an act of domestic abuse against his ex-girlfriend in September.
NASCAR ruled Busch was in violation of:
Section 12.1.a: Actions detrimental to stock car racing.
Section 12.8: Behavior Penalty
The Behavior Penalty states that those in NASCAR have certain responsibilities and obligations. Those include: “Correct and proper conduct, both on and off the race track.” NASCAR also notes in its Rule Book that “a Member’s actions can reflect upon the sport as a whole and on other NASCAR members.”
Busch’s ex-girlfriend, Patricia Driscoll, sought a protective order, alleging that Busch slammed her head against the wall in his motor home three times last September at Dover International Speedway.
Commissioner David Jones wrote Friday that “it is more likely than not that on September 26, 2014, (Busch) committed an act of abuse against (Driscoll) by manually strangling (Driscoll) with his left hand on her throat, while placing his right hand against her chin and face, causing her head to forcefully strike the interior wall of (Busch)’s motor home, thereby recklessly causing physical injury to (Driscoll) and recklessly placing (Driscoll) in reasonable apprehension of physical injury.’’
Regan Smith will drive Busch’s car in Sunday’s Daytona 500. He’ll start at the rear because of the driver change. Stewart-Haas Racing has not made an announcement on who will drive the car after this weekend.
