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Jones’ arbitration complete, decision hoped for before Nov. 10

UFC interim light heavyweight Jon Jones was infamously pulled from his unification fight with champion Daniel Cormier just three days…

KJ
Kirik Jenness
November 1, 2016 · 3 min read
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UFC interim light heavyweight Jon Jones was infamously pulled from his unification fight with champion Daniel Cormier just three days before UFC 200, for failing a doping test. The test was administered out of competition on June 16 by the U.S. Anti-Doping Agency, and came back positive for the anti-estrogen agents clomiphene and Letrozol.

These two estrogen blockers do not on their own have androgenic effects, but might typically be taken following a cycle to restore normal hormonal functioning. USADA categorizes these as specified substances, due to the greater likelihood of a credible non-doping explanation for a test failure. The penalty for knowingly taking a PED for the first time is a two-year suspension. The penalty for testing positive for a specified substance ranges from a public warning to a maximum one-year suspension.

There have been multiple indications that Jones’ test was due to generic Cialis, and an undefined substance had reportedly been tested and found to have been tainted.

Jones retained noted doping attorney Howard Jacobs, but the two sides were unable to reach a settlement acceptable to both sides. Athletes in the UFC have a right to arbitration, which Jones exercised.

A panel of three arbitrators heard both sides on Monday, and will now come to a decision. Jones’ team has asked that the panel members reach a decision by November 10. That is the day the Nevada Athletic Commission will hold a hearing on the matter.

USADA is the UFC independent drug testing agency. Fighters are contractually bound to abide by their decisions. However, as the out-of-competition test was given close to a fight, the NAC also has jurisdiction. Jones’ team worries that the USADA arbitrators, all experts in the field, may come to a relatively lenient conclusion, while the NAC, with far less expertise, may be stricter. Jones has to abide by both decisions – the NAC ruling technically only applies in Nevada, but commissions share information and generally abide by each other’s suspensions. In any case, even if Jones were suspended in Nevada and a state or province was willing to allow him to fight, the UFC would not “commission shop.”

Jones declined to speak with the media after the proceeding, but his attorney did.

“I think the evidence all came in and we’re happy with sort of how the case went and now we’re just gonna wait for the decision,” said Jacobs, as transcribed by Marc Raimondi for MMA Fighting. “It’s out of our hands now.”

“I don’t want to get into the details, but there was a lot of evidence that was heard and a lot of argument. Think of it like a trial. It’s basically like the same. It just takes more time than you would think.”

“We think that before Nevada hears the case, it would be useful for them to see how these arbitrators analyzed the same facts and [came] to the decision that they’re gonna come to.”

Now Jones waits.

Hopefully the USADA arbitrator decision comes back before the NAC meeting, and hopefully the NAC and the USADA arbitrators substantially agree. Jones is 28, and the greatest talent in the sport. On top of any future penalties, he immediately lost on an estimated $10,000,000 for headlining what had been intended to be the biggest card in league history. If all he failed for was Cialis contaminated with a non-androgenic substance, then the punishment is already unduly harsh, and thespecified substances” penalty process needs to be examined carefully.

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