[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. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Ridecamp is a service of Endurance Net, http://www.endurance.net. Information, Policy, Disclaimer: http://www.endurance.net/Ridecamp Subscribe/Unsubscribe http://www.endurance.net/ridecamp/logon.asp Ride Long and Ride Safe!! =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
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