In August 2016 the United States Anti-Doping Agency (USADA) has reported an anti-doping rule violation against the American MMA Athlete Francisco Rivera after his A and B samples tested positive for the prohibited substance Clenbuterol. After notification a provisional suspension was ordered. The Athlete filed a statement in his defence and he was heard for the UFC Arbitration Panel.
The Athlete did not challenge the test results and believed that one of the supplements he had used was contaminated with Clenbuterol. He also assumed that he consumption of contaminated meat in Mexico could have caused the positive test in July 2016. In support he filed evidence that showed that he was in Mexico in July 2016 where he had purchased and consumed meat.
USADA contended that the Athlete had used the prohibited substance Clenbuterol intentionally since the concentration of this substance found in his samples was too high to be caused by meat contamination. In fact at the relevant time USADA concluded that the Clenbuterol was used intentionally to help prepare the Athlete for his important bout.
Futhermore USADA deemed that aggravating circumstances are justified since it established that the Athlete had manufactured evidence and falsified documents to prove his presence in Mexico regarding the meat contamination. Here the Athlete later admitted that he had produced fraudulent evidence.
The Arbitration finds that the Athlete failed to establish that the positive test could have been caused by contaminated supplements or eating contaminated meat in Mexico.
Based on the Aggravating Circumstances in this case because of the submission of fraudulent evidence the Arbitrator decides on 19 January 2018 to impose a 4 year period of ineligibility on the Athlete starting on the date of the provisional suspension, i.e. on 17 August 2016.
