In December 2016 the United States Anti-Doping Agency (USADA) has reported an anti-doping rule violation against the American MMA Athlete Josh Barnett after his sample tested positive for the prohibited substance Ostarine.
The Athlete fully cooperated with the investigation, filed a statement with evidence in his defence and he was heard for the UFC Arbitration Panel.
Previously in June 2009 the California State Athletic Commission (CSAC) had denied the Athlete’s application for a license after he tested positive for the prohibited substance Drostanolone. He made a new application in 2012 which was granted by the CSAC. During their investigations USADA discovered the 2009 CSAC positive test report and considered this a first violation.
Analysis of the Athlete’s dietary supplements revealed that a batch of Tributestin was contaminated with Ostarine. Further USADA was ultimately able to trace the Ostarine to contamination also found in sealed packages of Tributestin that it had procured independently. As a result USADA accepted that the Athlete was the victim of a Contaminated Product which contained a Prohibited Substance.
The Athlete accepted the test result of his sample of 9 December 2016 but challenged USADA’s finding that the 2009 CSA Sample meets all of the necessary criteria to be counted as a first violation under the UFC ADP. The Athlete asserted that the CSAC acquisition of the sample was unusual and irregular under the UFC ADP. It could not be really considered an out-of-competition test contrary to the current UFC ADP. Because of these shortcomings encountered in 2009 the Athlete started a very elaborate scheme for dealing with his supplement regime.
The Arbitrator agrees that the 2009 CSAC’s sample collection was invalid under the UFC ADR and the process before the CSAC was unfair. Because of these irregularities of the collection and analytical processes of the CSAC the Arbitrator deems that the 2009 CSAC Sample can’t be considered a first violation under the UFC ADP.
The Arbitrator regards that the Athlete had adopted 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 due to his belief that the 2009 CSAC positive sample was the result of contamination. The Arbitrator finds that the Athlete acted very meticulous and careful in recording his supplement regime and due to this supplement regime the Athlete could establish the source of the positive test result.
The Arbitrator deems that the Athlete’s degree of fault to be at the low end of the scale, justifying a minimal sanction. Therefore the UFC Arbitration Panel decides on 23 March 2018 to impose only a reprimand and no period of ineligibility on the Athlete.
