Can fighters apply for USADA arbitration without a decision?

Discussion in 'UFC Discussion' started by Alpha_T83, Aug 31, 2018.

  1. Alpha_T83

    Alpha_T83 Brown Belt

    Joined:
    Mar 5, 2016
    Messages:
    4,443
    Likes Received:
    7,182
    I can't remember which forum user posted this (apologies for not referencing you), but someone mentioned that USADA are making a point of not "deciding" on suspensions in big cases. Instead, they are holding out until said fighter "accepts" a suspension and waives their right to arbitration.

    They gave Josh Barnett a suspension, and then he had his suspension dismissed in arbitration.

    Can fighters even apply for arbitration before a "decision" has been made by USADA? If not, this is a brilliant loophole by USADA to prevent fighters from getting light punishments in arbitration. You just refuse to give them a decision until they sign a "plea deal" -- and if they don't agree to anything, you just don't sentence them until their full suspension is up.
     
  2. joeyjoejoe

    joeyjoejoe Silver Belt

    Joined:
    Apr 18, 2009
    Messages:
    12,258
    Likes Received:
    25,451
  3. Only Here for Attachments

    Only Here for Attachments Free from the yellow once again!

    Joined:
    Sep 30, 2016
    Messages:
    19,184
    Likes Received:
    50,402
    Knowing USADA there's probably a $30k administrative fee for going to arbitration
     
    Rondas Pillow likes this.
  4. SeattleFightFan

    SeattleFightFan Steel Belt

    Joined:
    Dec 8, 2004
    Messages:
    28,127
    Likes Received:
    8,938
    FAQ's found here suggest no.

    USADA Anti-Doping Review Board
    In the case of an adverse analytical finding, confirmed by the B sample, or in all other instances where evidence of an anti-doping rule violation exists, evidence will be presented to USADA’s anti-doping review board to determine if the organization should charge the athlete with an anti-doping rule violation.
    Independent Arbitration Hearing
    An athlete charged with an anti-doping rule violation is entitled to an independent hearing in front of independent judges, not affiliated with USADA, from the American Arbitration Association. All evidence is subject to disclosure in accordance with the law and witnesses’ testimony is given under oath and subject to penalty of perjury and cross examination. The Independent panel provides a written decision to all parties which is then posted to USADA’s website.​

    but i would take information that is prefaced with "a poster once said something somewhere" with a grain of salt.
     
    fenway926 likes this.
  5. svmVR2097

    svmVR2097 Purple Belt

    Joined:
    May 23, 2018
    Messages:
    1,860
    Likes Received:
    1,566
    The short answer is yes, pretty much everyone who chooses to fight the USADA findings has this option available to them. Jones did that his first incident with USADA as well as Barnett, among others.
     
  6. Rondas Pillow

    Rondas Pillow Black Belt

    Joined:
    Dec 17, 2015
    Messages:
    5,181
    Likes Received:
    13,634
    I know this is going to sound crazy, but they could just avoid using “dick pills” and not deal with any of this.
     
  7. Alpha_T83

    Alpha_T83 Brown Belt

    Joined:
    Mar 5, 2016
    Messages:
    4,443
    Likes Received:
    7,182
    I'll find it for you then... someone quoted one of my posts with it, let me look through my history. BRB.
     
  8. -Dim-

    -Dim- Gold Belt

    Joined:
    Nov 12, 2014
    Messages:
    23,102
    Likes Received:
    32,786
    Location:
    Tyneside-Lancashire-Devon
    no, they didnt give Josh a suspension, it went to arbitration


    you are making it waaaaaaaaaaaaaay too complicated.

    its pretty simple, fighter tests positive, they give USADA all the information they can, supplements, etc etc.. USADA will then determine what they think is a fair suspension and offer it to the fighter.

    The fighter can then either

    a) Accept the USADA offer and take their suspension

    or

    b) Opt for arbitration (conducted by neutral third party)
     
  9. -Dim-

    -Dim- Gold Belt

    Joined:
    Nov 12, 2014
    Messages:
    23,102
    Likes Received:
    32,786
    Location:
    Tyneside-Lancashire-Devon
    no, its not $30k.

    Its $2,500 filing fee but fighters can ask for a reduction or waiver from MSGG (The arbitrators) if they cannot afford it.
     
  10. Alpha_T83

    Alpha_T83 Brown Belt

    Joined:
    Mar 5, 2016
    Messages:
    4,443
    Likes Received:
    7,182
    When I say suspend I mean offer a suspension -- a bit misleading, sorry. And I shouldn't have rounded up the 2 years -- I think the reported figure they offered Barnett after his supplement tested positive for Ostarine was 18 months. But they did offer Barnett a concrete settlement, which is my point. What if they never offered Barnett 18 months, and just said "we need to gather more information" and never got back to him.

    Can he apply for aribtration if USADA haven't "officially concluded" their investigation?
     
  11. -Dim-

    -Dim- Gold Belt

    Joined:
    Nov 12, 2014
    Messages:
    23,102
    Likes Received:
    32,786
    Location:
    Tyneside-Lancashire-Devon
    yes, they can request arbitration at any point
     
  12. Dilan Cummingsworth

    Dilan Cummingsworth Green Belt

    Joined:
    Aug 30, 2018
    Messages:
    1,221
    Likes Received:
    2,676
    Location:
    Hogwarts Castle
    USADA is a joke
     

Share This Page

  1. This site uses cookies to help personalise content, tailor your experience and to keep you logged in if you register.
    By continuing to use this site, you are consenting to our use of cookies.