The UFC's performance-enhancing drug self-regulation looks more fraught, unreliable and inconsistent than ever in the face of the promotion rescinding a suspension of middleweight fighter Cung Le Tuesday. Le fought and lost to Michael Bisping Aug. 23 in Macau.
The UFC routinely effectively regulates itself in new international territory like Macau. In regulated territory, state athletic commissions like those of Nevada, New Jersey, California, and other U.S. states, are responsible for impartially testing fighters for banned drugs, both recreational and performance-enhancing.
For the show in Macau, the UFC tested Le themselves. Late last month, they announced that Le was to be suspended for nine months because his test supposedly showed evidence that he had used banned Human Growth Hormone (HGH) treatments. There is no way to directly test if an athlete has undergone HGH treatments, but the UFC said that the Le's HGH (a naturally occurring hormone) level was outside of their "reference level," so the assumption was that he cheated, and he was suspended.
After being criticized for being too lenient on Le, the UFC arbitrarily added three months to Le's suspension. It was unclear what, if any, reasonable appeal process might be available to the fighter.
Le, 42, denied doping. Both the fighter and his manager cast aspersions on not just HGH testing, overall, but on what they said were the UFC's substandard testing and sample-handling methods.
In the end, it would appear that the UFC couldn't deny the legitimacy of Le and his manager's doubts and concerns. In a statement, the UFC said Tuesday that they were provided with new medical information which led them to realize that their previous two suspensions of Le were not warranted.
"Following the announcement of Le?s suspension, UFC officials have been provided with medical advice regarding the elevated total HGH present in Le?s system," the statement reads.
"In accordance with such medical advice, UFC has determined that Le?s elevated total HGH by itself does not prove that he took performance-enhancing drugs before the August 23rd bout.� As a result, UFC has informed Le that his suspension is rescinded.
"Le had requested an appeal of his suspension, and was entitled to arbitrate the drug test results and suspension.� However, based on the lack of conclusive laboratory results, UFC officials deemed it appropriate to immediately rescind the suspension without the need for further proceedings."
We may not ever find out what, if any internal suspension appeals process fighters like Le are entitled to, with this back-track by the UFC. However, it is clear that the UFC has a problem reading their own drug test results, and making determinations based on those results.
If the idea of the UFC self-testing and regulating itself seemed dubious at the onset, it seems downright scary these days.
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