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NASCAR clears Kurt Busch to race despite domestic abuse allegations

As police investigate whether he assaulted his ex-girlfriend, NASCAR will permit Kurt Busch to race -- a decision that Congresswoman Jackie Speier (D-Calif.) tells SB Nation makes it “complicit with the crime.”

Todd Warshaw/Getty Images

Despite a plea from a U.S. Representative to park Kurt Busch, NASCAR chairman Brian France said no disciplinary action will be taken against the former Cup champion, who is being investigated for a domestic abuse allegation.

In a public letter addressed to NASCAR president Mike Helton and Busch’s team, Stewart-Haas Racing, Congresswoman Jackie Speier (D-Calif.) wrote: “Your response to these serious allegations has been totally inadequate.”

Dover, Del., police confirmed last week an investigation is ongoing for a Sept. 26 incident involving Busch and ex-girlfriend Patricia Driscoll at Dover International Speedway. According to documents obtained by the Associated Press, Busch is alleged to have smashed Driscoll’s head against a wall in his motor home three times.

“The charges are horrifying, and NASCAR’s inaction sends a clear signal to drivers that owners do not take these violent actions seriously,” Speier wrote.

Although no charges have been filed, Speier wants Busch suspended until the investigation is completed. The Sprint Cup Series runs its final race of the season Sunday at Homestead-Miami Speedway. The 2015 season begins Feb. 22 at Daytona International Speedway.

In a phone interview with SB Nation, Speier also said she wants NASCAR to amend its policy on domestic violence and if evidence is sufficient, take immediate action even if charges haven’t been filed. That NASCAR suspended Busch for threatening a reporter in 2012, but not for the alleged Sept. 26 incident is a contradiction which upsets the congresswoman.

“(NASCAR) has an obligation to treat the allegations (of domestic abuse) the same way they treated (Busch) threatening a reporter when they suspended him,” Speier said.

“I think it is emblematic of what we see in the sports world generally, and that as long as it’s not caught red-handed on camera beating up your girlfriend or spouse, it didn’t happen. As long as there is not a spotlight on the issue, let’s sweep it under the rug. And that kind of conduct by these (sports) organizations makes them complicit with the crime as far as I’m concerned.”

When asked by SB Nation if she expected to hear from NASCAR directly regarding its domestic abuse policy and her letter, Speier said, “Absolutely. I’m sure they don’t want to have a (Congressional) hearing.”

NASCAR did not suspend driver Travis Kvapil after being charged with false imprisonment and assault for dragging his wife by her hair into a bedroom and striking her in an Oct. 8, 2013 incident at their home. Kvapil later pled guilty to the charges with a plea deal that dismisses the case after two years of probation.

In his annual season-ending news conference Friday, France acknowledged NASCAR is monitoring the situation and officials have spoken with Busch. NASCAR, though, will not take any action until the investigation is concluded.

“If charges are filed, that will change our equation, and we will look at that,” France said. “We realize the heightened awareness of this important topic, and our policies will reflect that as we go down -- they’ll reflect how serious it is.

“But we ought to have a process that gets to the bottom of the facts before anybody does anything.”

The NFL recently strengthened its policy on domestic violence after a high-profile case where video showed former Baltimore Ravens running back Ray Rice punching his then-fiancée, who is now his wife, in an Atlantic City casino elevator.

France indicated Friday NASCAR would in the future alter its policy on domestic violence.

“What’s not lost on us by any stretch is the rightful heightened awareness on domestic abuse and violence, and so you can expect our policies to reflect the understandable awareness that that’s not going to be tolerated,” France said. “The past of how any league might have handled some of this is one thing.

“It’s pretty clear when you see what’s happening around the country and in some of the other leagues that our policy will reflect the significance and importance that it should.”

Busch has not been charged. In a statement, Busch’s attorney, Rusty Hardin, called the allegations a “complete fabrication” and were driven by a “woman who has refused to accept the end of a relationship.”

There is no timetable on when the investigation will conclude. In a statement to SB Nation, Dover police say they have yet to speak with Busch and “are working with Mr. Busch and his legal team to determine a time to speak with Mr. Busch.”

“The fact police have yet to interview him -- it’s been over a week and they’ve interviewed the victim, the neighbors but can’t seem to get an interview with Mr. Busch shows a lack of cooperation by him,” Speier said.

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