Combat Sports Law

Update – January 4, 2017 – USADA has handed Lesnar a one year suspension which parallel’s the NAC’s.  USADA published this press release noting that

Lesnar, 39, tested positive for clomiphene and its metabolite, 4-hydroxyclomiphene, following an out-of-competition urine test conducted on June 28, 2016, and an in-competition urine test conducted on July 9, 2016, at UFC 200 in Las Vegas, Nev. Clomiphene is a prohibited substance in the category of Hormone and Metabolic Modulators and is prohibited at all times under the UFC Anti-Doping Policy, which has adopted the WADA Prohibited List..

Lesnar’s one-year period of ineligibility began on July 15, 2016, the date on which he was provisionally suspended by USADA, and is identical in length to the sanction imposed by the Nevada State Athletic Commission (NSAC) on December 15, 2016. In addition, the NSAC overturned Lesnar’s victory at UFC 200 to a no-contest.

Pursuant to the UFC Anti-Doping Policy, all UFC athletes serving a period of ineligibility for an anti-doping policy violation are required to remain in the USADA registered testing pool and make themselves available for testing in order to receive credit for time served under his or her sanction. Furthermore, if an athlete retires during his or her period of ineligibility, the athlete’s sanction will be tolled until such time the athlete notifies USADA of his or her return from retirement and once again makes him or herself available for no-advance-notice, out-of-competition testing.

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Update December 15, 2016 – Today the NAC handed Lesnar a one year suspension, a $250,000 fine (10% of his purse) and overturned the bout result to a no-contest.

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Update July 27, 2016 – Today the NAC sent me, via public records request, the lab results documenting Brock Lesnar’s in-competition test revealing that “Clomiphene and hydroxyclomiphene detected”

The full results can be found here – NSAC Lesnar Test Results

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Update July 19, 2016 – Today it was revealed that USADA also notified Lesnar of a failed in-competition test from UFC 200 with the UFC issuing the following press release

“The UFC organization was notified today that the U.S. Anti-Doping Agency (USADA) has informed Brock Lesnar that his in-competition sample collection from July 9, 2016, at UFC 200, has tested positive for the same substance as his previously announced out-of-competition collection on June 28, 2016. 

“USADA, the independent administrator of the UFC Anti-Doping Policy, will handle the results management and appropriate adjudication of this case. It is important to note that, under the UFC Anti-Doping Policy, there is a full fair legal review process that is afforded to all athletes before any sanctions are imposed. The Nevada State Athletic Commission also retains jurisdiction over this matter as the sample collection was performed at UFC 200 in Las Vegas”

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Today it was revealed that “the U.S. Anti-Doping Agency (USADA) has informed Brock Lesnar of a potential Anti-Doping Policy violation stemming from an out-of-competition sample collection on June 28, 2016.”

In terms of timelines this was about one week prior to UFC 200 where Lesnar competed and received a record disclosed payday of $2.5 million and likely received a significant bonus based on Pay Per View rates over and above this.  Lesnar won a unanimous decision over Mark Hunt.  Hunt, who has a history of fighting several opponents flagged for proven or alleged doping violations is none to pleased.

It should be noted that at this stage we are talking only about a potential violation and due process has yet to play out.  Let’s assume, however, that Lesnar is indeed guilty of an anti-doping violation.  What could the legal consequences be?  There are several including

• The UFC can fine Lesnar up to $500,000 (source – UFC / USADA Anti Doping Policy Article 10.10)
• Have his win overturned to a no-contest by the Nevada State Athletic Commission (source NAC Chapter 467.850(6))
• Upon the decision of UFC, lead to Disqualification of all of the Athlete’s results obtained in that Bout with all Consequences, including, without limitation, forfeiture of title, ranking, purse or other compensation (Source UFC/USADA Anti Doping Policy Article 10.1 and 10.8 )
• USADA can suspend Lesnar with a presumptive suspension running 2 years depending on the nature of the substance (source – UFC/USADA Anti Doping Policy Article 10)
• The Nevada State Athletic Commission can suspend Lesnar parallel to any USADA imposed suspension.  While current regulations do not expressly give them the right to rely on third party test results the NSAC is looking to expand their regulations to clearly adopt this power.  Further they have previously relied on a USADA test result to suspend and fine Diego Brandao and have put Jon Jones on their next agenda for an out of competition test administered by USADA.
• The NSAC can also fine Lesnar and are not shy to impose significant fines for athletes who receive a significant purse.
• Lesnar is still under contract with the WWE. Professional wrestling falls outside my area of expertise but there may be contractual consequences with the WWE and to the extent that some State Athletic Commissions regulate professional wrestling there can be fallout there.
• Lastly, and perhaps more importantly, Hunt can argue in a civil lawsuit that PED use is fraud and fraud vitiated consent to fight.  This can lead to litigation based on the torts of assault/battery seeking recovery of provable damages.  (Source the Resto / Collilns affair where doctored gloves and hand wraps led to criminal conviction and a civil lawsuit based on cheating vitiating consent and my 2 cents)