The UFC announced changes to its USADA arbitration rules which go into effect on November 1, 2016. The changes include a refund schedule for those that might appeal an arbitration.
Thus far, under the current arbitration rules, no athlete has taken their case to arbitration. However, Jon Jones is scheduled to arbitration his positive drug tests which kept him from competing at UFC 200 on October 31st.
The protocol and rules for challenging a flagged test by USADA are relatively the same and are outline here from our initial review of the rules.
The addition reflects the potential for a refund of the $2,700 fee to file for arbitration. An athlete that might file for arbitration, but decides to settle or withdraw their case prior to an appointment of an arbitrator may have the fee refunded up to 100% (minus a non-refundable $250). It could be refunded up to 50% minus the non-refundable $250 if the arbitrator is chosen but prior to the pre-hearing scheduling conference. 25% of the fee could be refunded minus the $250 if the arbitrator is chosen after a pre-hearing scheduling conference but prior to any contested motions being heard or pre-hearing briefs.
In addition, 13.7 was added which allows for a full refund of the arbitration fee if there is an arbitration finding that there was “no violation” or “no fault or negligence.”
Payout Perspective:
Perhaps there was reason to hold Jones’ arbitration hearing prior to the new changes. Maybe not. But, the additions to the existing USADA arbitration rules seem to create more opportunity for an athlete to contest a drug test as there is a possibility to seek a refund of the fee to appeal. Of course, a fighter can also seek a waiver of the fee and/or reduction based on economic condition. So, the refunds might not be that big of a deal. Then again, it clarifies the fee portion of the appeal process.
Jones is a disgrace to the sport