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UFC takes a tougher stance on drug testing

Lorenzo Fertitta sat through meetings for almost two years, talking about and tinkering with drug-testing policies meant to curb performance-enhancing drug use in the UFC.

Leaving the issue in the hands of regulators from state athletic commissions, the UFC got what it thought was a relatively clean bill of health for its athletes. Of about 900 tests conducted on about half its fighters on the day of its events, only a dozen had come back positive for performance-enhancing drugs. Fertitta thought that was an acceptable rate.

Then, in January, the sport’s best-known fighter, Anderson Silva, tested positive for anabolic steroids.

“I think everybody in the industry was just floored for a couple of days,” said Fertitta, the UFC’s chairman and CEO. “If it’s the first fight of the night and nobody knows the guy’s name, that’s one thing. But when it’s Anderson Silva, that affects the brand. It’s a whole different story.”

The high-profile case of Anderson Silva’s (right) failed test moved the UFC past the debate.
Photo by: Getty Images
Spurred by questions that went to the integrity of the sport, Fertitta said he shifted the conversation from what they “could” do to what they “would” do.

“We needed to stop having academic debates on the legalities of our contracts and just go do this,” Fertitta said.
“You get hung up in a conference room with a slew of lawyers. We could debate this for years to come and never get anywhere. We’ve always run this business for the long term, so we’re going to do this.

“We feel it’s extremely important for the health and safety of the athletes as well as maintaining the integrity of our brand to make sure these fighters are clean.”

Days after it was revealed that Silva had failed not only an out-of-competition test, but also a post-fight test, the UFC in February called for the testing of all athletes on its cards across the world, as well as mandatory out-of-competition testing of all fighters training for main event or championship fights, and random out-of-competition testing for all athletes on the UFC roster.

Because expense is the most common reason commissions give for not testing all fighters, the UFC will pay for the additional tests, Fertitta said.

The UFC also will advocate for the suspension for a minimum of two years any fighter who tests positive for a banned substance, Fertitta said, doubling the typical suspension in most jurisdictions. Fertitta said the UFC will advocate, rather than act, at this point only because it is working under current employment contracts. Future contracts will reflect the tougher stance, he said, including an appeal and arbitration process for fighters who are suspended.

“There are some complex legal issues we’re dealing with,” Fertitta said. “We want to make sure that if we do suspend someone for conduct, it will be upheld.”

While Silva was the highest-profile UFC fighter to fail a test recently, he wasn’t alone. A handful of fighters on the next tier also have failed tests in the last year. A bit more than one-fourth of tests taken out of competition have come back positive for banned substances.

There also was the thorny matter of another bankable star, Jon “Bones” Jones, testing positive for cocaine 30 days before defending his light heavyweight title in January.

The UFC knew of Jones’ positive test and allowed him to fight anyway.

“It was our duty to provide him a fight with a guaranteed fight purse and his duty to show up and fight, and we had to abide by that,” Fertitta said. “We believe it was a violation of our code of conduct. But we treat [recreational drugs] differently from PEDs. It’s more about rehabilitation as opposed to putting harsh penalties on guys and suspending them.”

Fertitta conceded that Jones’ test posed as great a threat to the UFC’s image as Silva’s. He said Jones was fined and encouraged to undergo an evaluation at a drug-treatment facility, which he did for one day before shifting to outpatient care, which he has since completed.

“We’re not running a vice squad over here,” Fertitta said. “We don’t agree with it or advocate it, but our out-of-competition testing is focused on [PEDs].”

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