Can Jessica Eye Overturn Her No contest Back to a Win?
update February 10, 2014 – Fox sports reports the positive test was for cannabinoids which, absent a TUE, makes the no contest order within the Texas department of Licensing as well as regulations authority as outlined below
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Several months after winning a close decision against Sarah Kaufman at UFC 166 Jesica Eye discovered that the result was being altered to a “no decision“. Although details are scarce, there is conjecture that the reason underlying this modification associated to prescription medication Eye was taking however failed to disclose to the Texas department of Licensing as well as regulation prior to her bout.
Fox sports reports that “Texas published a notice on their website specifying that Eye had tested positive for a prohibitive compound as well as was put on a one-year probated suspension. It took most of the day to comprehend what that eventually meant, however long story short, Eye had to pay a fine as well as essentially not get into any type of more difficulty or her probation for the infraction would turn into a suspension.“
Eye has been vocal that she will fight to have this decision overturned as well as have her win restored. Does she have a leg to stand on? The response is maybe. The result will likely turn on the nature of the prohibited substance.
Assuming the rumours are true as well as Eye failed to disclose a legitimately prescribed medication ahead of her bout that violates the Texas Combative sports Camiseta Manchester City Administrative Rules. Camiseta Kashima Antlers rule 61.47(o) needs “A contestant taking prescribed or over the counter medication must notify the executive director of such usage at least 24 hours prior to the bout.“
Eye’s explanation for the oversight is that “it’s a clerical error on my own end“. While understandable this does not get around the strict demand of the rule. Having a positive test for a prohibited compound does enable the department of Licensing as well as regulation to impose sanctions with rule 61.47(p) reading as follows:
(p) A person who applies for or holds a permit as a contestant shall provide a urine specimen or blood sample or both for medication testing either before or after the bout, if directed by the executive director or his designee. The applicant or licensee is accountable for paying the costs of the medication screen. A positive test, refusal to provide a sample, failure to comply with the testing process, or attempting to substitute, dilute, mask or adulterate a sample during collection shall be thought about a infraction of subsection (o) as well as will result in an automatic 90 day medical suspension as well as may likewise result in administrative penalties as well as sanctions.
Rule 61.30 particularly addresses altering a bout result complying with a failed medication test with subsection (n) enabling a contest decision being altered where “the champion of a bout tested positive instantly before or after the bout for a compound listed in §61.47(q)“
Section 61.47(q) listings the complying with prohibited substances:
(1) Stimulants
(2) Narcotics
(3) Phencyclidines;
(4) Barbiturates as well as Benzodiazepines;
(5) Cannabinoids (marijuana)
(6) Anabolic agents (exogenous as well as endogenous)
(7) Peptide hormones
(8) concealing agents
(9) Diuretics
(10) Glucocorticosteroids
(11) Beta-2 agonists (including both optical isomers where relevant) are prohibited except salbutamol (maximum 1600 micrograms over 24 hours), formoterol (maximum 36 micrograms over 24 hours) as well as salmeterol when taken by inhalation according to the manufacturers’ suggested therapeutic regimen;
(12) Hormones as well as Metabolic Modulators;
(13) Alcohol; or
(14) any type of pharmacological compound not addressed above that is not currently authorized by any type of governmental regulatory health and wellness authority for human therapeutic utilize such as medications under pre-clinical or clinical Camiseta Valencia advancement or discontinued; or designer drugs; or substances authorized only for veterinary use.
So if the failed test associates with any type of of the above substances the department of Licencing as well as regulation seems within their rights to modification the bout result to a no decision. If, however, the compound is not caught in the above listing Eye may have a leg to stand on in her appeal. In these circumstances the department can only validate their decision if
(A) the compilation of the score card of the judges shows an error which would mean that the decision was provided to the wrong contestant; or
(B) there was a infraction of the legislations or rules as well as regulations governing combative sports which impacted the result of any type of bout
Assuming the compound Eye tested positive for was not a performance improving medication it would be difficult to see exactly how the non disclosure is caught by the above criterianull
update February 10, 2014 – Fox sports reports the positive test was for cannabinoids which, absent a TUE, makes the no contest order within the Texas department of Licensing as well as regulations authority as outlined below ___________________________________________________________ Several months after winning a close decision against Sarah Kaufman at UFC 166 Jesica Eye discovered that the result was…