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[RC] Horse Deaths and People - Diane Trefethen

[Long]

I think a big reason we have avoided dealing with
unruly/rude/unsportsmanlike riders is that there is a perception,
fostered perhaps by the wording of Rule 4.1 (see below), that in order
to refuse entry or disqualify a rider once (s)he has taken the trail,
the Ride Manager must have justification that will meet the "beyond a
reasonable doubt" test. This test is so difficult to meet that it is
just easier to throw up one's hands and try to live with the problem
rider. However, in law, this test is the MOST stringent and is reserved
for criminal cases. In civil cases, the standard of proof usually
required is "a preponderance of the evidence" which means that the
evidence presented must establish that a particular charge is more
likely than not. It is this standard that a Ride Manager should need to
meet when a rider protests any of his/her decisions, not that of beyond a reasonable doubt.


Currently Ride Managers usually find out about a rider who has a bad
attitude "through the grapevine".  An RM may or may not contact other
RMs to inquire about rumors (s)he has heard regarding incidents at
another ride.  And usually the RM, upon having the rumor confirmed, does
nothing except try to keep an eye on the problem rider.  If the RM were
to try to bar the rider, based on this rumor, even though confirmed in a
phone conversation, a protest by the rider would succeed because the RM
would not be able to present any evidence to support barring the rider,
much less a preponderance.  So nothing is done.

A note: the recent Big Horn death demonstrates the danger of our current
philosophy of "getting along by going along".  A dysfunctional
personality that gets away with bad behavior operates under the
assumption that because he wasn't stopped, he couldn't be stopped, that
the people in charge are too stupid or lazy or he is too clever to be
caught, much less punished.  He is emboldened to persist in his bad
behavior and even expand on it.  When that behavior is the disrespectful
or abusive treatment of other riders or ride personnel, why would any
sane mind assume that the bad behavior will be limited to just those two
categories of living beings?

So how can we give RMs the backing they need to bar riders that have
been abusive and/or disruptive at other rides?  The first thing we need
to do is strengthen Rule 4 and specifically allow an RM to disqualify a
rider upon receiving one or more reports of unsportsmanlike conduct.
Something along the lines of [caps=additions, ( ) = deletions]:

4. Entry to a ride may be refused OR A RIDER MAY BE
DISQUALIFIED BY RIDE MANAGEMENT for cause.
4.1 Cause is defined as a specific EVENT (occurrence), OCCURRING
WITHIN THE PAST 12 MONTHS, substantiated by direct and
corroborated evidence of, including but not limited to, one of the
following:
4.1.1 Non-payment of ride fees, such as insufficient funds check not
made good.
4.1.2 Abuse of an equine, such as drugging or continuing to ride
after being pulled without the specific permission of a ride


         vet.
   4.1.3 UNSPORTSMANLIKE CONDUCT TOWARDS (Abusive harassment of)
         ride personnel, other riders or crews, such as arguing with the
         veterinarians, breaking the line at vet gates, BADGERING OR
         ARGUING WITH RIDE PERSONNEL, or deliberately blocking other
         riders on the trail.
   4.1.4 Removing or altering trails markers.
   4.1.5 Cheating, such as deliberate short cuts or deliberately
         leaving timed holds early.
   4.1.6 An equine determined to be unruly or dangerous may be denied
         entry.
   4.1.7 RIDERS DISQUALIFIED BY RIDE MANAGEMENT FOR CAUSE SHALL HAVE
         THE CODE UC (UNSPORTSMANLIKE CONDUCT).
4.2 CAUSE MAY ALSO BE DEFINED AS MULTIPLE DISQUALIFICATIONS FOR
    UNSPORTSMANLIKE CONDUCT.
4.3 Cause might also be determined by the Board or one of the committees
    of the AERC.

4.4 RIDE MANAGERS SHALL HAVE ABSOLUTE GOVERNANCE OF THEIR RIDES.  IF A
    RIDE MANAGER RECEIVES CORROBORATATED REPORTS OF UNSPORTSMANLIKE
    CONDUCT FROM ONE OR MORE RIDERS OR ANY REPORT OF UNSPORTSMANLIKE
    CONDUCT FROM A MEMBER OF RIDE PERSONAL OR THE VETERINARY STAFF,
    THE RIDE MANAGER HAS THE AUTHORITY TO WARN AND/OR DISQUALIFY THE
    OFFENDING RIDER.

The bottom line is that a Ride Manager should not need to have a case
that will stand up in criminal court just to refuse entry to or
disqualify a rider whose behavior is disruptive, unsportsmanlike or
fails to meet standards of decency and fair play.


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Replies
[RC] Horse Deaths and People, Rusty Toth