The American MMA Athlete Gilbert Melendez was tested on 16 October 2019 but previously in late September or early October 2019 the UFC had decided to terminate the contracts of several athletes, including the contract of Gilbert Melendez.
Hereafter UFC failed to notify the United States Anti-Doping Agency (USADA) that the Athlete should be removed from the UFC Registered Testing Pool (UFC RTP). The Athlete was also not notified that the UFC had terminated his contract. The Athlete believed that he was in the UFC RTP on 16 October 2019 when he agreed to provided a sample to USADA.
In November 2019 USADA reported an anti-doping rule violation against the Athlete after his sample tested positive for the prohibited substance GHRP-6. 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 result but argued that the UFC, and consequently USADA, had no jurisdiction because at the time of the sample collection in October 2019 he was not subjected anymore to the UFC ADP as a result of the termination of his contract.
USADA contended it had jurisdiction to collect the Athlete’s sample on 16 October 2019 because the Athlete’s contract as a fighter with the UFC was in effect, he was a member of the UFC RTP on this date, and neither he nor USADA was notified that the UFC terminated his contract before his sample was collected.
Considering the evidence in this matter the Arbitrator establish that the UFC did not notify USADA until 5 December 2019 that the Athlete should be removed from the UFC RTP because it had terminated his contract. After this USADA removed the Athlete from the UFC RTP on 6 December 2019.
The Arbitrator deems in his decision rendered of 1 May 2020 that USADA has proven by clear and convincing evidence that the Athlete was still under contract with the UFC on 16 October 2019, which is supported by his compliance with his obligations under the UFC ADP. The Arbitrator concludes that USADA retains jurisdiction under the UFC ADR to complete results management process regarding the Athlete’s anti-doping rule violation, although he ceased to be under contract with the UFC thereafter.
Furthermore the Arbitrator finds that the presence of a prohibited substance has been established in the Athlete’s sample and accordingly that he committed an anti-doping rule violation. The test result was undisputed by the Athlete and he failed to produce any evidence or to even deny that his positive test was caused by something other than his voluntary usage of a product containg it.
Therefore the UFC Arbitration Panel decides on 7 July 2020 to impose a 2 year period of ineligibility on the Athlete starting on the date of the provisional suspension, i.e. on 1 November 2019.
