MMA is not the only sport with a drug issue as it was announced on Wednesday that the LaMont Petersen/Amir Khan rematch has been canceled due to Petersen’s failed drug test.
The test comes just over a week before the anticipated rematch as Petersen upset Khan in a controversial decision in December.
MaxBoxing, ESPN and BoxingScene.com have the details. The short version of this is that Petersen failed a random VADA (Volunteer Anti-Doping Association) drug test at a press conference hyping the fight in March. Ironically, it was Petersen’s camp that requested the random blood and urine testing leading up to the fight. According to BoxingScene.com, the samples were split into “A” and “B” samples and sent to the World Anti-Doping Agency in Los Angeles. The notice of the sample was given April 12th to VADA and Petersen’s camp was given notice on April 13th. The “B” sample was tested and it too came back positive on April 30th. Details of what transpired in the interim can be found in VADA’s statement below.
A hearing on the matter before the NSAC would not have happened until fight week and it was likely Petersen would not be licensed in time.
Another issue here, and probably the bigger one, is that Golden Boy and Team Khan were not notified of Petersen’s positive test until May 7th. NSAC head Keith Kizer let Golden Boy know this past Monday. VADA states that it had no contractual obligations to reveal the results to Golden Boy as the two parties did not come to a consensus on contract language for revealing test results. As such, VADA believes that it was a matter of medical ethics with respect to privacy. On the other hand, Golden Boy Promotions believes there was a contract in place in which it should have reported the test results. Golden Boy head Richard Schaefer states that emails with VADA (via ESPN) reflect that it was to disclose information of a failed drug test. If it had known sooner, it could have taken the steps to request the process to be sped up, or in the alternative, find a replacement for Petersen.
Keith Kizer, in an interview with BoxingScene.com indicated that he did not know why VADA did not alert Golden Boy and/or Team Khan. Kizer references the Alistair Overeem drug test in which the UFC and JDS’ camp were alerted immediately of the results of Overeem’s test.
VADA’s statement on the controversy is below:
VADA’s mission is to help protect the health and safety of athletes who are willing to demonstrate their commitment to clean sport. As a voluntary organization, we depend on those who share our vision to help rid boxing and MMA of PEDs. VADA understands and shares the disappointment that is felt by Golden Boy Promotions, Amir Khan, the undercard fighters, HBO, and the thousands of fans who were looking forward to Khan-Peterson II. This unfortunate situation, however, serves to underscore the need for PED education and the high-caliber testing procedures that VADA offers.
VADA has respect for Richard Schaefer, GBP, and their commitment to clean sport. However, VADA disagrees with Mr. Schaefer’s characterizations of the contractual relationship between GBP and VADA. The facts are as follows.
There was never a final or signed contract between GBP and VADA. When VADA became involved with the Peterson-Khan fight in March, the individual athletes signed up for the VADA program and executed the proper documentation.
VADA was told that GBP also wanted a contract so that GBP would be authorized to receive the testing results, including the preliminary results from an “A” sample analysis. It is important to understand that “A” sample results are only preliminary, do not legally stand up by themselves, and under commonly accepted anti-doping procedures are typically released only to the athlete.
In order for VADA to release the preliminary “A” sample results to a third party such as GBP, VADA requires an executed authorization allowing us to do so. VADA sent GBP a draft contract for its signature which would have authorized the preliminary “A” sample results to be released to GBP. This initial draft (which was never signed) contained a clause pursuant to which GBP would have represented that it had obtained the necessary authorization from the fighters. GBP’s legal team rejected this clause and instead suggested making the fighters signatories to the contract with their signatures being the necessary authorization. VADA’s counsel made it clear to GBP that, if GBP wanted to handle it this way, GBP must take responsibility for obtaining the athlete’s signatures. Unfortunately, and to VADA’s dismay, GBP never obtained the signatures. Various versions of a draft contract were sent back and forth between GBP and VADA. The contract was never finalized. Richard Schaefer may, or may not, have been aware of this situation. The bottom line is that VADA had no contract with GBP. This is not a mere technicality. It involves issues of medical ethics. VADA needed a signed contract in order to deviate from its Results Management Policy (posted on our website) and release the preliminary and personal medical information to a third party. VADA still has never received a signed contract or signed athlete authorization from GBP. VADA would have been happy to inform GBP of the preliminary “A” results. But we needed a signed authorization allowing us to do so, which we never received.
It has also been asked why it took so long to test the “B” sample after the first positive test result. When VADA notified Mr. Peterson of the adverse finding on April 13, Mr. Peterson had one week to challenge the “A” test result and ask for the “B” sample to be tested. During that time, Mr. Peterson also had the opportunity to supplement his earlier written submissions to VADA with regard to drugs and other medications that he had used prior to the testing. Mr. Peterson’s representatives waited eight days (until Saturday, April 21) to respond. At that time, they did not communicate any of the “exculpatory” material later offered to the Nevada State Athletic Commission. Instead, they chose to challenge the positive test result, asserted their right to be present when the “B” sample was tested, and asked that the “B” sample be tested on Friday, April 27th. The UCLA laboratory said that Friday was an inappropriate day to begin testing because four consecutive days are needed to complete the test. The sample “B” test began on Monday, April 30th.
VADA has complied in every way with all signed contracts that we had and will continue to do so. VADA welcomes the discussion about the dangers of PEDs to those who use them and to their opponents. We also reiterate our contention that it is imperative for the managers, promoters, and friends of these brave athletes to assist in the education about PEDs. VADA will help in every way we can. Our hope is that there will come a time when every test is negative.
Payout Perspective:
The cancellation is a dent into HBO’s boxing schedule although it should have Khan for his June 30th bout. While the promotion will have to refund tickets, it was unlikely that paid attendance was a huge concern. The most hurt out of this would be the undercard fighters who will now miss out on a payday. This rematch had some appeal considering Petersen’s strong showing in their first bout. Now, the outcome of that fight may be doubted considering Petersen’s positive drug test. For Khan, avenging the loss would have helped as he may be on track to be next for Floyd Mayweather, Jr.
The discrepancy over when VADA should have released the results is a bigger issue than the actual cancellation. This is highlighted by the fact that NSAC’s Keith Kizer questioned why VADA did not release the info as the NSAC did when Alistair Overeem failed his test. Knowing ahead of time, the UFC was able to insert a replacement for Overeem.
The contractual relationship between VADA and Golden Boy poses the interesting question about releasing the medical information of an individual to outside parties. It also underscores the need for a standard set of rules when it comes to drug testing. MMA has had as many issues related to drug testing, but the timing of releasing the information to a promoter and/or opposing fight camp is a unique twist. Just like most medical places, health information cannot be given to third parties without consent. It appears that the issue here was what entity would ask the fighters about releasing the information. It seems like that there should have been something in the fight contract that would allow Golden Boy/HBO notice of a failed drug test to allow for alternatives to be planned. Still, when dealing with third parties, the fighters would have likely had to sign off on this. We shall see if the VADA/Golden Boy situation turns into a legal battle.
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