ZERO TOLERANCE

NASCAR And Racing Teams Just Say 'No'

DAYTONA BEACH -- Bobby Hamilton's face contorts when he talks about Brian
Rose, a young driver who wheeled one of Hamilton's racing trucks to a
stirring third-place finish at Daytona International Speedway to start the
2002 season.

"There are a lot of people out there who will never get the opportunity to
drive a race car around Daytona," Hamilton said. "To come in here and take
advantage of that, then screw it up and throw it away, well, it's bad."

Projected as a future star in NASCAR, Rose has vanished from the racing
scene. The 23-year-old's personal life is tangled in a web of legal woes as
he faces multiple drug and weapon charges in his hometown of Bowling Green, Ky.

His racing career is on hold due to violations of NASCAR's substance- abuse
policy, which is viewed by a majority of competitors as an important safety
tool.

"What differentiates us (from other sports) is we have zero tolerance,"
said George Pyne, NASCAR's chief operating officer. "We have no tolerance
for use of any illegal substances or banned substances in our drug policy."

They also don't have players' unions fighting to block substance-abuse
testing as other major sports do. In fact, racing teams often institute
their own policies above and beyond NASCAR's requirements, largely to
protect themselves from scandals that could endanger big-money sponsorship
deals.

And perhaps the strongest enforcers are the drivers themselves, who don't
want to be killed by impaired fellow drivers on the track.

"We believe our system is working pretty well," said NASCAR Chairman and
CEO Brian Z. France.

The policy, put into place in 1988 after driver Tim Richmond was suspected
of drug use during the '87 season, was not put back to the test until a
recent string of drug- and alcohol-related arrests and NASCAR suspensions.

The drivers suspended under NASCAR guidelines since the start of the 2002
season have been Sammy Potashnick, who has since been reinstated; Shane
Hmiel, who worked diligently to win back NASCAR's blessing and on Friday
was reinstated; and Rose.

And in the early hours of Jan. 31, Scott Wimmer, 28, a Nextel Cup Rookie of
the Year candidate, wrecked a passenger vehicle in High Point, N.C., and
was charged by police with driving while intoxicated. While NASCAR is
reviewing Wimmer's case, he's expected to compete in Speed Weeks races this
week.

"The last I checked, a guy is innocent until proven guilty," said Jim
Hunter, NASCAR vice president of communications.

Like other drivers in NASCAR's new generation, the men who landed in
trouble are clean-cut, all-American types in their 20s. But driver Jimmie
Johnson, 28, said their actions are not signs of an emerging pattern of
substance abuse.

"I don't think our sport is conducive to that stuff in general," he said.
"There might be a couple of situations that crop up, but I don't see it as
a worry for our sport."

Rose? He has worries.

His attorney won't return media phone calls even to say "no comment" about
his client's legal problems.

Rose is on indefinite suspension from NASCAR competition and his career is
generally considered in shambles by those in the sport. It takes millions
of dollars to compete and the companies that fund race teams would likely
shy away from a driver with a history of failed drug tests and countless
legal issues.

Hmiel is taking a different path. Since his suspension, he's passed every
random drug test asked of him by NASCAR, leading to his reinstatement last
week.

"Every case is unique and different," Pyne said. "There's a road to
recovery that is clearly spelled out to that competitor. Again, what is
different with us is with our immediate, zero tolerance, you are out the door."

That door can open again if a driver rehabs, stays off the substance in
question, agrees to random testing and can find a team willing to give him
a second chance.

Though Pyne would not discuss Rose's status with NASCAR, team owners and
other drivers say Rose probably has too many strikes to ever attempt a
comeback.

"Brian had an opportunity to come back," Hamilton said. "They (NASCAR) was
all about giving him a second chance and he got in trouble for the same
thing that he felt he was falsely accused of."

He was suspended by NASCAR in April 2003 after failing a test and later
last summer was arrested by Bowling Green police, accused of alcohol
intoxication and drug possession.

In September, two warrants were issued for Rose's arrest. The charges range
from carrying a concealed weapon to possession of marijuana to DUI.

The Starting Point

The roots of NASCAR's drug policy stretch back to the 1987 season.
Richmond, who drove the No. 25 Chevrolet, could not be found to make his
qualifying run at Michigan International Speedway.

Members of Richmond's team rousted him from a nap in his motor home and
rushed him by golf cart to pit road.

Richmond looked like he had been struck over the head with a rubber mallet,
said media members who recalled the incident. His head bobbled, his eyes
were glassed over, his arms dangled like a rag doll. He seemed incoherent
as he was hurried to his racer.

Then, he strapped into a 3,600-pound stock car and turned laps in excess of
170 mph over the two-mile oval.

That's when the rumors started; the flamboyant driver, who lived on a boat
in Fort Lauderdale, was using drugs.

"I never saw Tim using any drugs," Rick Hendrick, Richmond's car owner in
1986 and '87, said in a recent interview.

Nobody in racing ever reported seeing Richmond use drugs, but from the day
he was hustled to his car at the track, he was shrouded in doubt.

NASCAR had no mechanism in place to prove the allegations true or false,
which led William C. France, then sanctioning body president, to begin the
push toward a substance abuse policy.

NASCAR hired Dr. David Black, who specializes in forensic toxicology and
legal medicine, and a team of lawyers to draft the guidelines. The policy
went into effect at the start of the 1988 season.

Before the first lap of competition at Daytona International Speedway in
1988, Richmond was asked to submit a urine sample to series director Dick
Beaty and vice president of competition Les Richter.

With Beaty and Richter as witnesses, Richmond agreed to the drug test
procedure, inside NASCAR's mobile command post in the Speedway garage.

Richmond tested positive for an unusually large amount of over-the- counter
decongestants and pain relievers and was immediately placed on suspension.

Richmond never raced again after failing the drug test. He later sued
NASCAR, which wanted access to his medical files.

Richmond fought back because he didn't want the public to know he was
battling AIDS.

The two sides eventually settled out of court. Richmond died from the
disease in August 1989.

When NASCAR took away Richmond's competition license, it sent a clear
message to competitors: Drugs and alcohol don't mix in the racing
workplace, and those who violate the code will be dealt a severe blow.

The policy applies to drivers, car owners, sponsor reps, crew chiefs, even
NASCAR officials -- anybody with a NASCAR license -- and the language,
while in legalese, is quite clear.

"The use of illegal drugs at any time, or use of alcohol during a NASCAR
Event, and even the proper use of certain medications during a NASCAR
Event, may endanger competitors, officials and fans, and such conduct
cannot be permitted by NASCAR," reads the substance abuse policy preamble.

Several NASCAR officials have been trained by Black to identify signs of
impairment and, if needed, collect specimens for analysis.

Competitors sign an "authorization for testing and release" waiver each
season. Once signed, NASCAR can ask for samples of urine, blood, saliva,
hair or breath tests if an official has "reasonable suspicion" that a
competitor has "violated any part" of the policy.

The reasonable suspicion clause allows NASCAR to respond to reports by
whistleblowers, fellow competitors with a concern about an individual.

"We have a system that our fellow drivers and owners help us police it,"
Brian France said.

"It's happened," Hamilton said. "I know a couple of people who have gone up
in the truck and told NASCAR they wasn't comfortable with the way somebody
looked and acted."

At that point, if there was reasonable suspicion, the driver would be
tested, Pyne said.

With today's technology, false positives are rare, but there is wiggle room
for what Black called interpretation of the findings.

"It may be a matter of looking at prescription history or some reason why
there might be the presence of that chemical or drug," he said. "In some
instances there may be justification."

If the data is not conclusive, Black said, an independent physician can be
called in as a medical review officer for consultation and final determination.

Does The System Work?

NASCAR officials say three drivers from the MTV generation, so to speak,
suspended for substance abuse infractions, and another arrested for drunk
driving, do not suggest more widespread drug use in the sport.

NASCAR's so-called young guns, men in their 20s from varied racing
backgrounds and different parts of the country, are changing the face of
stock car racing.

Pyne said there is nothing fundamentally wrong with this group of up-
and-coming drivers.

NASCAR racing remains relatively untainted when compared to other
professional sports and their drug-related scandals.

Major League Baseball, for instance, is dealing with an ongoing and
widespread steroid issue. Baseball also had a player die while taking the
diet supplement ephedrine.

A few years ago NFL quarterback Brett Favre revealed his addiction to pain
killing drugs. Another player died in preseason practice and supplements
were found in his locker. The list goes on and on.

NASCAR doesn't perform random drug tests on drivers who have not already
run afoul of its substance-abuse policy. It only tests if there is
reasonable suspicion.

With the stakes so high because of close marketing ties with major
corporations, many individual race teams now require drug tests of their
employees.

Hendrick Motorsports fields four NASCAR Nextel Cup Series teams and employs
450 people.

"We have a mandatory (drug test program) with our employees," Hendrick
said. "All of them have to take a urine test. We don't need somebody coming
into our organization that has a problem.

"When you are representing a company like a Lowe's or a DuPont, you've got
to know any time that you get into trouble, you're going to create a lot of
problems for those people," he added.

Johnson, who drives Hendrick's No. 48 Chevrolet, said his contract holds
him accountable for actions outside the racetrack.

"There is actually a drug clause in there that refers to making the sponsor
or team look bad, like a drunk driving ticket or something like that,"
Johnson said.

Hamilton, who has three entries in the Craftsman Truck Series, said Bobby
Hamilton Racing has two pages of in-house substance abuse policy
information in its employee handbook.

Hamilton said he's had to dismiss two employees since starting his race
team four years ago.

"There are too many lives at risk," Hamilton said. "I've always been behind
NASCAR 100 percent on this."

[Sidebar]

NASCAR drug policy The NASCAR substance abuse policy took effect in January
1988 after the suspension of driver Tim Richmond. Here's an overview:

Competitors are asked to take a drug test if there is "reasonable suspicion."

Anyone who obtains any kind of NASCAR license must sign an "authorization
for testing and release" waiver each season.

NASCAR can ask for samples of urine, blood, saliva, hair or breath tests if
"reasonable suspicion" of drug use has been established.

A number of NASCAR officials are trained to take and seal samples for
testing, and all are versed in detecting signs of impairment.

NASCAR encourages "whistle blowing" among its competitors to help police
its substance abuse policy.

NASCAR reserves the right to suspend a competitor based on a conviction for
driving a passenger vehicle while under the influence of alcohol or drugs,
or a drug-related conviction.

Competitors and officials are prohibited from consuming alcohol prior to or
during a race.

If a person fails a drug test and wants to return to racing, he or she must
submit to a series of spot testing. The person being tested must pay for
the examinations.

If an individual is reinstated, NASCAR reserves the right to randomly test
that individual.

NASCAR does not recommend specific rehabilitation programs but strongly
encourages self-help and treatment for those afflicted with a drug problem
or alcohol abuse.