Combat Sports Law

Update June 30, 2017 – Texas has now exonerated Casey and reinstated her win

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Bloody Elbow’s Iain Kidd, whose reporting has been second to none on this issue, has highlighted a strong case of anti-doping regulatory failure.

Cortney Casey, following a victory at UFC 211, was  informed by the Texas Department of Licencing and Regulation, that “she had failed a test due to an elevated T:E ratio“.

Her unanimous decision victory against Jessica Aguilar was overturned to a no-contest.

The problem with this conclusion is that an elevated T:E ratio is not, in and of itself, a doping violation.  It is, instead, a flag used by knowledgeable regulators to conduct further testing which can prove a violation or exonerate an athlete.

The TDLR’s Administrative Rules do prohibit the use of “anabolic agents” however they do not state that an elevated T:E ratio is proof of ingestion.  Instead Rule 61.47(q) requires “A positive test (which has been confirmed by a laboratory authorized by the executive director or his designee)” to prove a doping violation.

After notifying Casey of her elevated T:E ratio she was given the option to have her B sample tested.  She reportedly exercised this right and isotope-ratio mass spectrometry (IRMS) testing exonerated her showing the sample contained no exogenous testosterone. In other words, the B sample showed no doping violation occurred under TDLR’s administrative rules.

The ball is in the TDLR’s court to right this wrong.  It is unknown if Casey will look to litigation to undo the damage her reputation has taken but given that the TDLR communicated this supposed violation to the media before even notifying Casey the least she deserves is an equal if not greater level of publicity in her exoneration.