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CSAC’s Andy Foster: Jon Jones case dragged too long, USADA shouldn’t decide UFC punishments

California State Athletic Commission Executive Director Andy Foster is a proponent of anti-doping measures. He also supports the mission of the UFC’s anti-doping partner, U.S. Anti-Doping Agency (USADA).

But after watching how Jon Jones’ most recent case was conducted, he no longer wants USADA involved in adjudicating cases in California.

“I think it’s good to have doping controls,” Foster today told MMAjunkie. “I think this process was a wreck, and I think we learned from the process. If we keep doing this to the fighters, that’s not serving the public interest.”

At a hearing today in Sacramento, Calif., Foster said the commission made a mistake when it deferred to USADA on Jones’ second anti-doping violation, which stemmed from a positive drug test following UFC 214. He recommended the commission reinstate the UFC star’s license on a temporary basis, clearing the way for a rematch with Alexander Gustafsson at UFC 232.

In February, the commission revoked Jones’ license, fined him $205,000 and ordered community service. But it held off on a suspension that might have normally been ordered, reasoning that Jones would be punished in his concurrent case with USADA, which has the right to sanction fighters via its partnership with the UFC.

It took seven more months for the anti-doping agency to resolve its case with Jones after the two sides went to arbitration. Jones received a 15-month suspension – three months less than USADA recommended after agreeing to reduce a potential four-year suspension by 30 months in exchange for Jones providing information on other athletes’ doping violations.

Adding to that, Foster said, Jones had to incur additional financial burdens to resolve his case in California, which by state law has sole jurisdiction over his punishment. And that was on top of the reputational damage incurred when USADA announced a potential anti-doping violation per its policy with UFC athletes at the time.

“I just don’t think that process is right,” Foster said. “I think that the law backs up my thoughts.”

The UFC has since changed its policy to only notify the public at the resolution of an anti-doping case, a move Foster supports. But he said there’s a bigger issue at play in having USADA adjudicate cases in which it’s also served as the chief investigator.

“It’s not exactly a conflict, but it’s kind of a conflict,” he said. “I’m not saying they do, but … there’s a perception of a conflict. They have a vested interest in making sure their science is right.

“Please understand, I’m not saying (they have a conflict of interest). But there’s a perception there, and I am saying this: I do believe there’s been quite a few cases that could have been solved quicker and cheaper and got the same results instead of going through this long, arduous process.”

Moving forward, Foster said the commission is likely to conduct anti-doping cases involving UFC athletes as had been done previously, with the commission announcing a positive, a punishment (if one), and a notice of a right to an appeal.

As to how that changes a UFC athlete’s fate with USADA suspensions now acknowledged in an Association of Boxing Commissions administrative database tracking disciplinary issues, Foster, who serves on several ABC committees, deferred that issue to another time.

“The main thing is we’re not going to yield executive discretion over fighters’ livelihood to a third-party drug testing company who has a potential – not saying its real – conflict,” he said.

In a phone call Monday, Foster communicated his concerns to USADA in a “pleasant” conversation. He said the anti-doping agency plans to hold a meeting with executive directors of all the state athletic commissions with which it does business to address issues that have arisen in its program.

Meanwhile, Jones is weighing his options on whether or not to allow another doping control agency – the Voluntary Anti-Doping Agency led by former Nevada State Athletic Commission doctor Margaret Goodman – to test him in the buildup to UFC 232. Unlike USADA, VADA only forwards the test results to the commission, which then decides the proper action to take.

If he agrees to participate, the commission will reimburse Jones for the $18,000 to $20,000 it’s expected to cost for between eight and 10 tests. CSAC commissioner Martha Shen-Urquidez suggested the additional testing and payback of Jones, indicating his participation would silence his critics.

“In my humble opinion — right now I’m giving my humble opinion — it’s better if Mr. Jones voluntarily decides to do this and is not compelled to do it,” CSAC chairman John Carvelli told Jones today during the hearing. “We’re really hoping that you’re going to work this out and do this, for your own sake. I think Commissioner Martha made it clear to you what’s at stake for you here.”

For Foster, though, it’s more than just what’s at stake for Jones. From now on, the only involvement he wants from USADA is as a collector – send him the results, and let the commission take it from there.

For more on UFC 232, check out the UFC Rumors section of the site.

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