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.
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