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What we know about Jessica Penne’s case against USADA

Jessica Penne, the former Invicta FC champion and UFC title challenger, revealed a new sanction placed in her years-long case with the U.S. Anti-Doping Agency.

Penne, who was first flagged by USADA in May 2017, has been fighting to clear her name and claims no intentional wrongdoing for the banned substance in her system. She believes the agency, which serves as the UFC’s official anti-doping partner, is trying to force her into retirement.

Here’s what we know based on a timeline of developments.

(Editor’s note: This will continue to be updated as events unfold.)

* * * *

May 10, 2017: Penne flagged after biological passport review

Penne’s saga against USADA begins when the agency announces she is the first UFC athlete flagged for potential doping violation following biological passport review.

A sample collected on Mar. 20, 2017 was initially reported as negative, but a review of Penne’s biological passport – which, according to the World Anti-Doping Association, is used “to monitor selected biological variables over time that indirectly reveal the effects of doping rather than attempting to detect the doping substance or method itself.”

Essentially, a variance in the biological passport detected over time can trigger additional screening, such as a Carbon Isotope Ratio test, to determine the presence of a synthetic substance in the body, even at low levels – or if the substance, itself, can’t be directly identified.

Jan. 5, 2018: Penne gets 18-month suspension for unspecified steroid

USADA announces Penne has accepted an 18-month suspension because she tested positive for the presence of an anabolic androgenic steroid of exogenous origin. USADA offered a statement on the situation:

“Under the UFC Anti-Doping Policy, as well as the World Anti-Doping Code, an athlete’s period of ineligibility for using a prohibited substance may be decreased if the athlete lacks significant fault for the anti-doping policy violation. In this instance, although Penne was not successful in her attempt to obtain a retroactive or prospective Therapeutic Use Exemption (TUE) for DHEA after her positive test, it was determined that her degree of fault was reduced because her use of the prohibited substance was under the care of a physician. Accordingly, Penne received a corresponding reduction to 18 months from the standard two-year period of ineligibility for a non-Specified Substance under the UFC Anti-Doping Policy.”

Jan. 10: Penne releases statement revealing new 4-year ban

After a long run of silence regarding her case, Penne took to social media to release an emotional statement claiming she is “broke, defeated and heart broken” after years of battling her case.

Penne said she spent thousands of dollars “testing medications and supplements (most of which were 3rd party certified that the UFC PI gave me),” and that the lab that handled the screens did identify banned substances in the products. While Penne assumed “my name would be cleared and I could return to fighting,” she says USADA officials informed her that independent testing they conducted found different results, and that they planned on handing her a second violation, which means a mandatory four-year suspension from competition.

Jan. 10: USADA responds to Penne’s public claims

Hours after Penne issued her statement, USADA responds with a counter-argument about the ongoing case and claimed a disparity in the facts.

“Given Jessica Penne’s public statement, we can confirm her positive test for stanozolol. However, there are many factual inaccuracies and unfounded allegations in her statement, including that she has been forced out of UFC. In fact, she has exercised her right to contest her case before an independent arbitrator, per a request USADA received after she released her public statement. Under the UFC Anti-Doping Policy, all athletes have the right to present the facts and circumstances during a full evidentiary hearing. We look forward to the opportunity to present the facts and evidence through this process.”

Jan. 11: Penne launches GoFundMe for case funds

The day after the latest development in her story became public, Penne’s team launched a GoFundMe campaign asking for financial assistance from the public to help support her legal battle against USADA.

“I am setting up this campaign on behalf of my client, Jessica Penne,” a statement from her manager, Brian Butler-Au read. “Jessica is a UFC strawweight who has been wrongly suspended for the last 3 years by USADA for claims that are proven invalid. She served the suspension but again has been accused of a violation in which her along with the help of the UFC have found to be a mistake. She spent all of her remaining savings on the testing of products to fight and prove her innocence which paid off (as the tests came back in her favor). She now has all of the paperwork that proves her innocence but is left in the position to have to fight USADA head on in court. This campaign is set up to help raise the money to cover the legal fees and save her career before its to (sic) late. From here (sic) team here at SuckerPunch Entertainment we thank everyone for their support and we are ready to fight this and get her back in competition.”

Jan. 11: Manager shares document regarding contaminated medication

Penne’s manager, Brian Butler of SuckerPunch Entertainment, reveals an “official document” from independent testers KorvalLabs proving contaminated medication that was taken by Penne. He argued that should be enough evidence to exonerate Penne.

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