The most recent fighter to test positive, however, doesn’t fail the eye test. I have serious doubts that anybody thought Tim “Dirty Bird” Means would get popped for PED use. He is neither a physical specimen that defies biology nor a former great who in the twilight of their career …show more content…
If the B sample is clean, Means will be cleared of a violation and no suspension will occur. However, if the B sample matches the A sample, Means battle become much more difficult.
Under the Anti-Doping Policy each fighter has a duty to ensure that no Prohibited Substance is in his or her body. Whether Means intended to use steroids is irrelevant. If its in a Means’s body, he violated the policy. However, despite a violation his suspension might be reduced or even eliminated entirely.
If Means can demonstrate that he “bears no fault or negligence” in the positive test, he will not be suspended, although the violation wills stand (which could affect a suspension duration in the future). Means will need to prove that he used a “contaminated product.” Essentially, Means best shot will be proving that he used a product that did not list a contained ingredient that resulted in a positive test. Following past USADA appeals this is an objective standard, meaning that a reasonable person in Means position would not have discovered the substance after a reasonable investigation into the product. Although on its face this appears easy enough, it is actually a fairly difficult standard to meet. Even if met, the reduction in the suspension is still up the the individual hearing Means’s