Cyborg requests retroactive TUE
February 12, 2017
Justino tested positive for the banned substance spironolactone although she claims that a doctor had prescribed it to her. Thus, the reason for the retroactive TUE.
According to the UFC Anti-Doping Program:
USADA will consider late filed or applications for retroactive TUEs; however, the Athlete does so at his or her own risk as USADA makes no guarantee regarding the processing of a TUE under such circumstances. Furthermore, in such instances, the Athlete may be charged up to the full cost for processing the TUE application where such filing, in the determination of USADA, is not attributed to factors outside the Athlete’s control.
Justino’s attorney is Howard Jacobs. He was the attorney that represented Jon Jones in his USADA appeal and subsequent arbitration. Jacobs also represented Brock Lesnar. USADA has requested additional information for Justino’s condition which required the prescribed banned substance.
As we know, the new women’s division is specifically for Cyborg and one would think that she will be granted this retroactive TUE despite the “at his or her own risk” language from USADA. It really makes no difference whether or not the “full cost” for processing the TUE application is assessed to Cyborg as she is much more important to the organization than the simple cost of an application.