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“"The drivers don't have a union, but if somebody did that to me I'd go get myself a nasty lawyer. What if somebody in management or ownership doesn't like you? They can use that as a weapon against you." Black said the lack of a list makes the program stronger because it gives the governing body more flexibility. "We've had a policy since 1988 without a rift where we always allowed ourselves on any given case to determine whether or not a drug we identify will be prohibited by the policy in the program," he said. "We've actually had positives on drivers in our reasonable suspicion program." NASCAR went this season from testing for reasonable suspicion to mandatory preseason tests and random weekly tests. Four to eight drivers and eight to 15 crew members randomly are tested each weekend. The program has resulted in the suspension of numerous crew members, including one with Mayfield's team earlier in the season. But until Saturday no Cup driver had been suspended. "[Mayfield] can say whatever he wishes to say," Black said. "I think we're on very, very good ground. I'm very confident in the interpretation of the test and the action we took." Yesalis doesn't disagree that the findings of the test are legitimate. He, too, never has come across a positive test caused by the use of Claritin D, although "if somebody doubled or tripled the dose I wouldn't want to be next to them at 190 miles per hour going into the first turn at Darlington." But for legal reasons he believes NASCAR needs to be more up front with what it is looking for. Because his is not considered an appealable offense, legal action could be Mayfield's only recourse if he chooses to fight the suspension. Sources close to the situation said that hasn't been determined yet. "They should have a formal list that the drivers and pit crews and everybody knows here's the rules," Yesalis said. "That list should be specific." David Newton covers NASCAR for ESPN.com. He can be reached at firstname.lastname@example.org.
What if somebody in management or ownership doesn't like you? They can use that as a weapon against you.” -- Penn State professor
and drug-testing expert Charles Yesalis