NASCAR’s suspension of Kurt Busch controversial, but justifiable

Whatever conclusion NASCAR reached, the decision whether to suspended Kurt Busch would prove controversial. That was inevitable.

By not taking action NASCAR would’ve been roasted for downplaying the significance of domestic violence, with the resulting firestorm similar to the lambasting the NFL and Roger Goodell experienced when initially suspending Ray Rice just two games for punching his then-fiancée.

Following four days of testimony, a Delaware Family Court commissioner ruled Busch “more likely than not” grabbed his ex-girlfriend by the throat and committed an act of abuse against her. That’s a damming conclusion that cannot be ignored.

Moreover, to have a driver in the sport’s biggest event competing under a dark cloud of suspicion would have been difficult to justify. Say Busch had won the Daytona 500, how would have that played on the subsequent media jaunt the winner makes, which includes national television interviews? It would have quite indecorous for all involved -- Busch, NASCAR, sponsors, other drivers -- if he were sitting next to David Letterman yukking it up.

Only if it were that cut-and-dry.

At the time of his indefinite suspension -- Feb. 20, two days before the Daytona 500 -- Busch had not been charged with any crime. Nor would he be. Two weeks later the Delaware Attorney General’s office elected not to pursue charges.

In the eyes of many, NASCAR had suspended a man who ultimately committed no crime. That too, however, isn’t the whole story. Although no charges were brought against Busch, he certainly wasn’t exonerated of any wrongdoing. The Delaware Attorney General’s office explained “admissible evidence and available witnesses would likely be insufficient to meet the burden of establishing beyond a reasonable doubt.” Nowhere in the statement did it say Busch was innocent or that Patricia Driscoll, Busch’s ex-girlfriend, fabricated the allegations.

Many upset by NASCAR’s decision to suspend Busch pointed how the sanctioning body had handled similar cases previously. Most notably Travis Kvapil, who in 2013 was charged and later convicted of domestic abuse, yet never suspended. A double-standard existed, the critics howled, regarding Busch’s ban. How could NASCAR take no action against Kvapil, who was charged and convicted, and still suspend Busch? Obviously his numerous past misdeeds had negatively influenced NASCAR’s judgment, so the theory went.

The times have changed, however. Domestic abuse is finally being dealt with seriously -- or at least an attempt is being made. The decision to not punish Kvapil severely was abhorrent then and only more so in hindsight. NASCAR admittedly learned from its misstep and that change in policy was reflected in how it handled the Busch situation. Factor into that the backlash the NFL faced following its bumbling of the Rice and Greg Hardy incidents.

Because of how events unfolded, the protective order hearing took place over the offseason, so no immediate action was required. Let the legal process play out and then we will intercede appropriately, NASCAR officials said repeatedly.

And true to their word, that is exactly what they did. A Family Court judge issued a restraining order and in doing so, strongly indicated Busch had physically assaulted Driscoll. Once the ruling was rendered, waiting to see if criminal charges would be forthcoming was no longer an option.

If the Busch case shown anything, it’s that NASCAR’s policy on allegations of domestic abuse is more rigid than even a few years ago. But just like all leagues must do, NASCAR will have to balance delicately what’s right with what’s fair. In this instance, the powers that be acted within reason, taking disturbing allegations for what they were -- allegations.

Despite the contrary, there was never an assumption of Busch’s guilt. When a judge said one thing, NASCAR reacted accordingly. When another, more definitive side of the legal spectrum ruled, NASCAR then adjusted its stance while steadfastly maintaining Busch seek the proper help. And when he committed to such a program, his suspension was lifted.

For Busch, it’s unfortunate he had to miss three races. But some things are more important, and in this instance the circumstances dictated he be excluded from the sport until the matter was resolved entirely.

Therefore, Busch’s career resumes Friday at Phoenix International Raceway. In a perverse twist, this was the site of another controversial moment in his life, when in 2005 he was detained for suspicion of drunk driving and later issued a citation for reckless driving. Already set to leave the team at the end of the year, he was then released early by Roush Fenway Racing with two races remaining.

So it goes for Busch. From one controversy to the next. With the latest incident just being the ugliest, where there no winners, only victims. And that includes Busch himself, who will forever be stained by whatever it was that occurred inside his motor home last September.