Nick Diaz accepts one-year USADA ban…which ends next week

April 9, 2018

USADA announced that Nick Diaz has accepted a one-year sanction for Whereabouts Failures reporting pursuant to the UFC Anti-Doping Policy.  The suspension is retroactive to April 19th of last year and thus he will be available to fight by next week.

Via USADA release:

USADA announced today that Nick Diaz, of Stockton, Calif., has accepted a one-year sanction for a violation of the UFC® Anti-Doping Policy resulting from three unsuccessful test attempts during a 12-month period.

Like all UFC athletes, Diaz, 34, is a member of the UFC Registered Testing Pool and is therefore subject to certain Whereabouts responsibilities, which allow him to be located for out-of-competition testing. Diaz failed to be available for three tests at the locations provided in his Whereabouts Filings. The first two failures occurred in the second and third quarters of 2016, while the third occurred in the first quarter of 2017. Under the UFC Anti-Doping Policy, the accumulation of three Whereabouts Failures within a 12-month period constitutes an anti-doping policy violation.

Payout Perspective:

The announcement could be due to the timing of the investigation and speaking with Diaz’s representatives on the matter.  If not, this sort of announcement is a mockery of the UFC Anti-Doping Policy as the announcement almost coincides with his ability to get back to active status with the UFC.  While its clear that Diaz could not take a fight since he did not report his Whereabouts on three separate occasions in as 12-month span, the length of time it took for the decision seems lengthy.  If it was not due to a delay in fact-finding, one has to wonder why the investigation process and determination of penalty is taking so long.

The Interview: Ally Quinney and Sam Erhlich

March 30, 2018

The Interview talks with Florida State University doctrinal students Ally Quinney and Sam Erhlich as they recently presented an upcoming paper at the Sports and Recreation Law Association Conference regarding the privacy concerns with USADA and the UFC anti-doping policy.

In addition to their presentation, we discuss the recent Jon Jones hearing and the Josh Barnett opinion.

We discuss an exchange at the December 2016 Congressional Hearing on Mixed Martial Arts between the sponsor of the expansion to the Muhammad Ali Act, Markwayne Mullin and the UFC’s Jeff Novitsky regarding the reinstatement of Brock Lesnar.

Introductions: 1:04

Discussion about Presentation at SRLA:  2:31

Discussing UFC/USADA deal and the privacy concerns: 3:57

Survey re tracking of athletes provided to Fighters by USADA: 7:23

Discussion regarding leaving USADA testing pool:  11:36

Whether USADA is a state actor: 16:47

Does it matter that USADA is a third party:  20:14

Discussion on the Mark Hunt case: 21:21

Why won’t an Antitrust lawsuit work in this case: 31:24

Discussion about Jon Jones hearing: 33:30

Thoughts on Josh Barnett case:  34:30

Amanda Lemos accepts two-year UFC ban by USADA

March 28, 2018

With just one fight in the UFC, Amanda Lemos has been suspended two years by USADA for a violation of the UFC anti-doping policy.

The suspension comes due to a November 8, 2017 failed test after her promotional debut loss to Leslie Smith at UFC Fight Night 113.

Via USADA release:

Lemos, 30, tested positive for stanozolol and its metabolite 16β-hydroxystanozolol following an out-of-competition urine test conducted on November 8, 2017. Stanozolol is a non-Specified Substance in the class of Anabolic Agents and prohibited at all times under the UFC Anti-Doping Policy, which has adopted the World Anti-Doping Agency Prohibited List.

Lemos’ two-year period of ineligibility, the standard sanction for a first offense involving a non-Specified Substance, began on November 8, 2017, the date her positive sample was collected

Payout Perspective:

A loss for the 30-year-old as she will not be able to return to the UFC until the fall of next year.  Stanozol is used as a performance enhancing drug and its unlikely that the women’s bantamweight had a viable excuse for why it showed up on her test.

Barnett receives only reprimand, no suspension, in USADA Arbitration hearing

March 23, 2018

Josh Barnett became the first UFC athlete to win an appeal through the UFC Anti-Doping Policy as a the opinion issued on Friday gave the heavyweight “no period of ineligibility.”  He only received a public reprimand but no suspension for the flagged drug test.

Josh Barnett wins USADA Arbitration by JASONCRUZ206 on Scribd


Barnett tested positive for a banned substance as a result of an out-of-competition sample on December 9, 2016.  The sample tested positive for Ostarine.

Barnett noted that he was routinely taking dietary supplements “to maintain his conditioning as an elite athlete.”  The opinion notes he took 17 supplements prior to providing the sample that came up positive for Ostarine.  Tributestin 750 was one of the supplements that was supposed to contain only Tribulus Terrestris.  Tribulus is not a Prohibited Substance.  “It is claimed to naturally support the production of testosterone among other positive health attributes.”

Through working with USADA, it was discovered through the process of supplement examination that Barnett’s Tributestin was contaminated with Ostarine.  After testimony at the hearing, USADA conceded that the source of the Ostarine found in Barnett’s out-of-competition samples were from Tributestin as the product was contaminated.  With this concession which USADA seemed to admit from the outset and confirmed with Barnett’s testimony, the case “became one of the Applicant being the victim of a Contaminated Product with a Prohibited Substance.”

Barnett’s prior history of failed drug tests was discussed and the matter of whether this was a second infraction of the UFC ADP.  However, the arbitrator determined that a drug sample taken by the California State Athletic Commission

Notably, Barnett, gave the UFC notice that he was taking a “leave of absence” on December 14, 2016.  Two weeks later, his A sample came up positive for Ostarine.

The arbitration hearing took place on March 6, 2018, 14 months after his sample was taken.  The Arbitrator seemed to be persuaded by Barnett’s testimony as he described his detail in trying to make sure that he was compliant with USADA rules.  Notably, after his dealings with the CSAC, he devised a practice of “keeping each original container of any supplement he used and ensuring that a small portion of its content remained and could be analyzed.”  This seemed to sway the trier of fact.

The Arbitrator noted:  “I find this Applicant to be a very meticulous and careful person.  In my experience as an arbitrator of hundreds of doping cases I have never heard testimony from an individual who has taken so much care to record his supplement regime in order to avoid the very problem he is now experiencing.

Payout Perspective:

Barnett’s prior fallout from drug issues was the reason that saved him here.  It was his cataloguing of what he takes plus the samples he had that persuaded USADA.  Could the system be fabricated?  Yes, but the presentation seemed to be compelling to the trier of fact.  So, it was not just cooperation plus providing all of the supplements to USADA, but the original bottles and samples taken which likely ensured that Barnett would not be suspended.  While it was curious that Barnett announced leaving the UFC for a time two weeks prior to his notice of his drug test results, it seemed to be of no consequence in the final conclusion.

Bantamweight flagged for potential USADA violation

March 20, 2018

UFC bantamweight Augusto Mendes has been notified by USADA regarding a potential violation from an out-of-competition sample collected on March 7, 2018.  His upcoming fight with Merab Dvalishvili at UFC Fight Night 128 has been scrapped.

Per the UFC.com web site:

The UFC organization was notified today that the U.S. Anti-Doping Agency (USADA) has informed Augusto Mendes of a potential Anti-Doping Policy violation stemming from an out-of-competition sample collected on March 7, 2018.  Due to the proximity of Mendes’ upcoming scheduled bout at UFC FIGHT NIGHT: BARBOZA vs. LEE in Atlantic City, New Jersey on April 21, 2018 against Merab Dvalishvili , Mendes has been removed from the card and the UFC is currently seeking a replacement.

USADA, the independent administrator of the UFC Anti-Doping Policy, will handle the results management and appropriate adjudication of this case involving Mendes. Under the UFC Anti-Doping Policy, there is a full and fair legal process that is afforded to all athletes before any sanctions are imposed.  Additional information will be provided at the appropriate time as the process moves forward.

Payout Perspective:

The 35-year-old last fought in April 2017 in a loss to Aljamain Sterling at UFC on Fox:  Johnson vs. Reis.  He is 1-2 in the UFC but also an accomplished BJJ player.  This is Mendes’ first flagged test which could lead to a 2-year suspension.

Calvillo claims loss of Body Armor sponsorship after positive test for marijuana

March 20, 2018

Cynthia Calvillo claims that Body Armor dropped her as a sponsor as a result of her drug-test failure for marijuana at UFC 219.  Calvillo is serving a 6 month suspension from USADA and was given an additional 3 months from the Nevada Athletic Commission for the infraction.

In an interview Monday on The MMA Hour, Calvillo admitted to the use of marijuana which led to a drug test failure after her loss to Carla Esparza.  Calvillo was doled a 6-month suspension by USADA for a test that was over the allowable limit for marijuana and its metabolites.  However, the Nevada Athletic Commission gave her a 9-month suspension and fined her 15% of her fight earnings from December’s bout.

Calvillo stated in her interview that she was told that her usage on Christmas Eve prior to her December 30th fight would be fine.  Calvillo holds a medicinal marijuana card.  In California, where she resides, marijuana use is legal for medicinal and recreational purposes.  However, it is still a banned substance per the UFC Anti-Doping Policy guidelines and the Nevada Athletic Commission.

She believes that her sponsorship with Body Armor was rescinded due to the suspension.

Payout Perspective:

Calvillo’s loss of a sponsorship is unfortunate for the budding star.  It shows that there are companies that may be conservative with the people it chooses to represent it in public.  Notably, Kobe Bryant, the former NBA star was on trial for sexual assault, is a big investor in the company.  Yet, many companies have moral clauses which they may sever a sponsorship due to infractions like this.  Thus, its upon Calvillo to ensure that she does not get into any issues like failing a drug test.

NAC give Calvillo 3 more months in addition to USADA suspension

March 14, 2018

Cynthia Calvillo received an additional three-month suspension from the Nevada State Athletic Commission per MMA Junkie.  She was fined 15 percent of her disclosed $41,000 purse ($6,150) in addition to $436.08 in attorney’s fees.

USADA suspended Calvillo six-months for an in-competition drug test at UFC 219 that revealed marijuana metabolites in excess of the allowable limit of 180 ng/mL.  However, she was still subject to discipline from the NAC

She must now submit a clean drug test for steroids and diuretics 30, 15 and three days prior to receiving another fight license in Nevada.

Under the USADA suspension, her discipline would have been able to be reduced by three months if she had taken a drug education course.

Payout Perspective:

The additional suspension identifies an issue with double jurisdiction.  Even if Calvillo were to complete an approved drug course from USADA, thus reducing her suspension, the question of whether she can apply for a license in Nevada sooner may be in an issue. According to the Junkie article, she cannot apply for another license until September 30th.  Or, can she fight within 6 months in any state aside from Nevada?  The additional 3 months and fines also reflect the stance Nevada has on the use of marijuana which in itself is controversial.

 

Ion Cutelaba accepts 6-month USADA suspension for ozone therapy

March 8, 2018

Ion Cutelaba has been suspended 6 months by USADA after declaring the use of an alternative therapeutic treatment that is prohibited under certain routes of administration.

Via USADA release:

Cutelaba, 24, declared the use of ozone therapy on his doping control paperwork during out-of-competition tests conducted on October 18, 2017, and October 19, 2017. Ozone therapy is a treatment that can be administered in a variety of methods, some of which are prohibited under the UFC Anti-Doping Policy, which has adopted the World Anti-Doping Agency (WADA) Prohibited List.

Based on Cutelaba’s doping control paperwork, USADA contacted the athlete to request more information about the route of administration in order to establish whether the treatment was permissible. Cutelaba’s physician subsequently provided documentation indicating that the treatment was administered on October 3, 2017, and October 17, 2017, in a prohibited manner, as it involved a blood transfusion. The WADA Prohibited List prohibits the administration or reintroduction of blood or red blood cell products of any origin or quantity in the circulatory system, unless a valid Therapeutic Use Exemption has been obtained. While Cutelaba was unaware of the violation and declared the treatment on his doping control paperwork, he was unable to refute the documentation provided.

Under the UFC Anti-Doping Policy, as well as the World Anti-Doping Code, an athlete’s period of ineligibility for using a prohibited method may be reduced due to an individual’s voluntary admission of a violation and/or pursuant to an analysis of the athlete’s degree of fault for the anti-doping policy violation. Here, after taking both of those factors into consideration, USADA determined that a reduction to six-months from the standard two-year period of ineligibility was an appropriate sanction under the rules for Cutelaba’s violation.

Cutelaba’s six-month period of ineligibility began on November 3, 2017, the date he was provisionally suspended from competition. As a result of his violation, Cutelaba was previously removed from the Card for the UFC 217 event in New York City that was held on November 4, 2017.

Payout Perspective:

A modest suspension which ends in a couple months although it cost the 24-year-old a spot on UFC 217 in New York.  It’s clear that the blood transfusion given to Cutelaba was the primary issue and since there was not a TUE requested, there was a problem.  So, the issue is whether Cutelaba or his management knew the rules prior to the ozone therapy.

UFC Heavyweight accepts 1 year suspension

March 2, 2018

36-year-old Zu Anyanwu has accepted a one-year suspension from USADA for a failed drug test from an out-of-competition sample on October 18th.

Furosemide, which is in the class of diuretics and masking agents, and banned year round, was found in his failed test.  Anyanwu appeared on Dana White’s Contender Series last summer.  He lost to Justin Ledet in his UFC debut.

Via USADA release:

USADA announced today that UFC® athlete, Azunna Anyanwu, of Bensalem, Pa., has tested positive for a prohibited substance and accepted the standard one-year sanction for his anti-doping policy violation.

Anyanwu, 36, tested positive for furosemide following an out-of-competition urine test conducted on October 18, 2017. Furosemide is a Specified Substance in the class of Diuretics and Masking Agents and prohibited at all times under the UFC Anti-Doping Policy, which has adopted the World Anti-Doping Agency Prohibited List.

Anyanwu’s one-year period of ineligibility began on October 18, 2017, the date his positive sample was collected.

Payout Perspective:

The suspension does not bode well for the 36-year-old as he tries to start his UFC career.  Accepting the suspension probably the best strategy to get back into the octagon as soon as possible as any sort of appeal may have lengthened any time out.

Magomedov and Tukhgov accept 2-year sanctions for violating UFC Anti-Doping Policy

February 15, 2018

Ruslan Magomedov and Zubaira Tukhgov have accepted two-year sanctions for violating the UFC Anti-Doping Policy.  They will be eligible to fight in the UFC in September 2018.

Both fighters accepted two-year suspension as a result of out-of-competition positive tests on September 7, 2016 revealing ostarine in their systems.

Tukhugov also tested positive for ostarine in an out-of-competition test on October 29, 2016.  USADA indicated that since the second positive test resulted from a sample that was collected before he was notified of his first positive test, they were treated as a single violation.

Via USADA:

Following notification of their positive tests, both Magomedov and Tukhugov claimed they had tested positive due to their use of a contaminated supplement, which USADA was unable to confirm at that time to justify a reduction from the maximum two-year period of ineligibility for a non-Specified Substance.

Magomedov and Tukhugov subsequently exercised their right to have their cases submitted to a neutral arbitrator for resolution.

Magomedov’s and Tukhugov’s cases were consolidated, allowing for a single presentation of the athletes’ defenses to the independent arbitrator. During a multi-day hearing, the athletes presented testimony and submitted evidence in an attempt to support their supplement contamination claims and request for a reduced period of ineligibility. Nevertheless, after two days of testimony, USADA informed Magomedov and Tukhugov that it was still unwilling to consider a reduced sanction because it did not believe supplement contamination was a valid explanation for their positive tests. Thereafter, and before the conclusion of the hearing, USADA and the athletes reached an agreement to resolve the case, with Magomedov and Tukhugov each accepting a two-year period of ineligibility and agreeing to contribute a total of $10,000 toward the costs of the arbitration proceedings.

Magomedov’s and Tukhugov’s two-year periods of ineligibility began on September 26, 2016, the date the first of the athletes’ provisional suspensions was imposed.

Both Russian fighters train out of American Kickboxing Academy in San Jose.

Payout Perspective:

The settlement at time of arbitration likely means that the fighters’ case was not going well and the threat that an unfavorable ruling could have meant more of a penalty for both.  A two-year suspension means that they will be able to fight starting this September.  The arbitration hearing was the fourth of its kind under the UFC Anti-Doping Policy.  The athlete has never won an arbitration hearing since the policy was put in place.

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