Regarding A “Retroactive Therepeutic Use Exemption”

Published

9 years ago

May 21, 2015

Analysis, discussion, commentary and opinions still fly about weeks after The Fight of the Century, in all its glory and lack thereof, unfolded in Las Vegas.

The financial results are in, and all agree, the event was a rousing success from that standpoint. About 4.4 million pay per view buys were activated, the gate at MGM Grand tallied over $71 million, the boxers will gross between $150 and $200 million each.

Bigger picture, things are not as uniformly rosy. The action was fair to middling, vastly disappointing to some uneducated to the Mayweather Method of winning, which means doing so in risk averse fashion, paying as much or more attention to defensive adeptness than offensive output.

Lawsuits are at 30 plus and counting, targeting Manny Pacquiao for entering a bout with a bum right shoulder, after suffering an injury less than a month before the clash, which had him pondering pulling out.

One element of the drama which continues to be discussed comes as a result of a story by the dean of fightwriters, Thomas Hauser, the Muhammad Ali biographer and prolific author. Hauser dropped a story on Boxing Scene on Tuesday which contained a tidbit which had eyebrows raising in many circles. The story was titled “The Big Lie” and in it, Hauser reported a previously unreported fact about the PED testing for the super-fight. Here is the portion of the Hauser story which stood out most for me:

In early March, USADA presented the Pacquiao camp with a contract that allowed the testing agency to grant a retroactive therapeutic use exemption to either fighter in the event that the fighter tested positive for a prohibited drug. That retroactive exemption could have been granted without notifying the Nevada State Athletic Commission or the opposing fighter’s camp.Team Pacquiao thought that was outrageous and an opportunity for Mayweather to game the system. Pacquiao refused to sign the contract.Thereafter, Mayweather and USADA agreed to mutual notification and the elimination of retroactive therapeutic use exemptions. A copy of the final contract contained a section entitled “Therapeutic Use Exemptions,” which states: “Mayweather and Pacquiao agree that both athletes shall be notified within 24 hours of either of the following occurrences: (1) the submission by either athlete of a TUE application; or (2) the approval by USADA of a TUE application submitted by either athlete. Additionally, any modifications to an existing TUE by either athlete shall be communicated to the other athlete within 24 hours. Notification shall include: (1) the date of the application; (2) the prohibited substance(s) or method(s) for which the TUE is sought; and (3) the manner of use for the prohibited substance(s) or method(s) for which the TUE is sought.”

That phrase, “retroactive therapeutic use exemption.”

Hauser wrote that he had in his possession a copy of the “final contract” which laid out particulars if in fact either boxer applied for an exemption, which would be the case, we can presume, if either man tested positive for a banned substance, but wished to proceed without penalty unimpeded, to be able to participate in the fight.

Boxing hasn’t had as much experience in this “therapeutic use exemption” realm as has mixed martial arts, but there have been occasions when fighters have asked for permission to be able to use a substance, one which might be seen as a “PED,” with the OK from a physician, because, they maintain, they have a legitimate medical or physical need to use said substance, which would over-ride the potential performance enhancing property of that substance.

By way of example…Lamont Peterson tested positive ahead of his May 2012 rematch with Amir Khan. He showed an elevated level of testosterone in his bodily fluid. The scrap was cancelled, and Peterson explained the issue, in a story which ran on Boxing Talk. He said he was feeling fatigued, went to get checked by a doctor, and the doctor said he “had low free testosterone.” The boxer then took “testosterone pellets,” but was flagged. He was informed that some commissions will allow a TUE, or therapeutic use exemption, but stated that he didn’t know that an allowance could possibly be made for him, and also that he didn’t think he was using anything “performance enhancing.”

Back to MayPac…

That phrasing, that seeming desire to insert what seems like a contractual loop-hole to override a positive sample, struck me as at best curious. I reached out to Mayweather publicist Kelly Swanson, and emailed a request for comment or clarification regarding the matter. I received no response.

I also reached out to the testing agency Hauser mentioned, USADA, on Tuesday evening, and they told me they would furnish a reply, and I will insert that when it arrives. (UPDATE ALERT: A reply from USADA arrived Thursday at 12:45 PM ET):

Here is the USADA response:

The information in Mr. Hauser’s article concerning the final contract for USADA to run the anti-doping program for the Mayweather/Pacquiao fight is inaccurate.

The final contract signed by both fighters was clear that any TUE that was granted would be sent to the opposing fighter within 24-hours and that the granting of TUEs would be determined by USADA in its sole discretion in accordance with the WADA International Standards for TUEs, which includes retroactive TUEs. Any approved TUE will also be sent to the Nevada State Athletic Commission. TUE processing is a normal part of all international anti-doping programs.

I wanted to compare and contrast methods of operation and standards, so I reached out to Dr. Margaret Goodman, who heads up VADA (The Voluntary Anti-Doping Association) to see where her organization stood on the TUE issue. She sent this explanation which is contained in the VADA policy statement:

6. An application for a TUE will not be considered for retroactive approval except in extremely rare cases where:a. emergency treatment or treatment of an acute medical condition was necessary, orb. due to exceptional circumstances, there was insufficient time or opportunity for an applicant to submit, or VADA to consider, an application prior to doping control.The Athlete MUST inform VADA as soon as possible by fax or email if one of these circumstances occur. A TUE will not be considered for retroactive appeal if there is a failure to timely inform VADA of the exceptional circumstances.

The issue of testing has attached itself to both these fighters for many years. Mayweather barked for many years at Pacquiao to “take the test,” and also had to publicly apologize and make a payout to Manny for insinuating he was on PEDs. Pacman’s trainer Freddie Roach has a suit lodged against him by former Pacman strength and conditioning coach Alex Ariza, whom Roach accused of giving Manny “shady” drinks. Mayweather in the leadup to MayPac boasted that he’d gotten under Manny’s skin by hiring Ariza, and has credited Ariza with being most instrumental for Manny’s success, more so than Roach. So, there is ton of water under this particular bridge…

I don’t pretend to be anything resembling an expert on PEDs and testing and regimens and protocol. Victor Conte, who runs a supplement company and advises a bunch of athletes, is; he’s been on the dark side, as a peddler, and now, he maintains, he’s seen the light and wants a clean sport, and clean athletes doing their thing on even playing fields. He is a proponent for how VADA does testing and has been quite public about not caring for the USADA way. No surprise, he took aim at USADA after learning of this development in the Hauser story. “In my opinion, the request for a retroactive TUE (Therapeutic Use Exemption) clause by the Mayweather camp was suspicious and should never have been granted by USADA,” Conte told me. “Plain and simple. The fight took place under the jurisdiction of NSAC, not USADA. The fact that USADA did not inform the NSAC of the Pacquiao injury presents serious questions” about their ties to Mayweather, he continued. Conflicts of interest can pop up, he told me, if a testing agency is being paid by one of the athletes, or by one of their cohorts. “USADA’s primary role in boxing is to serve as an independent entity and protect the health and safety of the two fighters,” he continued, and it is clear he isn’t of a mind that their independence is unquestioned.

My take: This issue is a sticky one, a controversial one, and one that is mutating. Boxing, but of course, is a sport unlike any other. It shares, with MMA, the status of being a one on one endeavor, which makes testing and subsequent potential issues of punishment, which could include cancellation of an event which has been in the planning stages for many, many months. People find it hard to fathom the possibility that the May 2 Mayweather-Pacquiao bout could have been cancelled, for whatever reason, at the 11th hour. Certainly, the discussion following the disclosure that Manny Pacquiao came in with a bad shoulder attests to that; “what did you want him to do, risk being called a wimp if he pulled out?” many folks said. Never mind the immense expense that has already been outlaid and the procedural nightmares which would ensue if refunding had to be performed, for the tickets to attend, the hotels, the airlines, etc. We do understand the “show must go on mentality.” But if that is the prevailing mindset from all parties involved, and to that end, a positive test for a PED couldn’t possibly result in the cancellation of an event, then what sort of teeth, so to speak, does the testing process really possess? If language is going to exist which would conceivably nullify any positive test, and allow an offending substance to be rendered acceptable through an exemption, shouldn’t that construct be made public? Don’t all parties involved, the fighters, the organizers, the fans, deserve that, at minumum? We need more transparency, more uniformity, if the testing procedures and post-positive protocol can be agreed upon and applied uniformly.

Wording is important, and phrases like retroactive therapeutic use exemption don’t do well in passing the smell test, if you’re not a lawyer, whose reason for vocational being maybe rests on such wordsmithery and loopholery. That fight was a let-down, beyond monies being made by a select few; what say some greater good comes from it, and better PED testing policies, free from iffy such language, are the norm when the next “super fight” comes around.

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Michael Woods

Ramon Cardenas Channels Micky Ward and KOs Eduardo Ramirez on ProBox

Published

22 hours ago

April 24, 2024

Arne K. Lang

Ramon-Cardenas-Channels-Micky-Ward-and-KOs-Eduardo-Ramirez-on-ProBox

The Wednesday night bi-monthly series of fights on the ProBox TV platform is the best deal in boxing; the livestream is free with no strings attached! Tonight’s episode was headlined by a super bantamweight match between San Antonio’s Ramon Cardenas and Eduardo Ramirez who brought a caravan of rooters from his hometown in Guaymas, Sonora, Mexico.

Cardenas, coached by Joel Diaz, entered the contest ranked #4 by the WBA. He was expected to handle Ramirez with little difficulty, but this was a close, tactical fight through eight frames when lightning struck in the form of a left hook to the liver from Cardenas. Ramirez went down on one knee and wasn’t able to beat the count. It was as if Cardenas summoned the ghost of Micky Ward who had a penchant for terminating fights with the same punch that arrived out of the blue.

The official time was 1:37 of round nine. Cardenas improved to 25-1 with his14th win inside the distance. Ramirez, who was stopped in the opening round by Nick “Wrecking” Ball in London in his lone previous fight outside Mexico, falls to 23-3-3.

Co-Feature

In an upset, Tijuana super welterweight Damian Sosa won a split decision over previously undefeated Marques Valle, a local area fighter who was stepping up in class in his first 10-round go. Sosa was the aggressor, repeatedly backing his taller opponent into the ropes where Valle was unable to get good leverage behind his punches.

The 25-year-old Valle, managed by the influential David McWater, was the house fighter. This was his 10^th appearance in this building. He brought a 10-0 (7) record and was hoping to emulate the success of his younger brother Dominic Valle who scored a second-round stoppage of his opponent in this ring two weeks ago, improving to 9-0. But Sosa, who brought a 24-2 record, proved to be a bridge too high.

The judges had it 97-93 and 96-94 for the Tijuana invader and a disgraceful 98-92 for the house fighter.

Also

In a fight whose abrupt ending would be echoed by the main event, 34-year-old SoCal featherweight Ronny Rios, now training in Las Vegas, returned to the ring after a 22-month hiatus and scored a fifth-round stoppage over Nicolas Polanco of the Dominican Republic.

A three-punch combo climaxed by a left hook to the liver took the breath out of Polanco who slumped to his knees and was counted out. A two-time world title challenger, Rios advanced to 34-4 (17 KOs). Polanco, 34, declined to 21-6-1. The official time was 0:54 of round five.

—

The next ProBox show (Wednesday, May 8) will have an international cast with fighters from Kazakhstan, Japan, Mongolia, and the United Kingdom. In the main event, Liverpool’s Robbie Davies Jr will make his U.S. debut against the California-based Kazakh Sergey Lipinets.

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Haney-Garcia Redux with the Focus on Harvey Dock

Published

3 days ago

April 22, 2024

Arne K. Lang

Haney-Garcia-Redux-with-the-Focus-on-Harvey-Dock

Saturday’s skirmish between Ryan Garcia and WBC super lightweight champion Devin Haney was a messy affair, and yet a hugely entertaining fight fused with great drama. In the aftermath, Garcia and Haney were celebrated – the former for fooling all the experts and the latter for his gallant performance in a losing effort – but there were only brickbats for the third man in the ring, referee Harvey Dock.

Devin Haney was plainly ahead heading into the seventh frame when there was a sudden turnabout when Garcia put him on the canvas with his vaunted left hook. Moments later, Dock deducted a point from Garcia for a late punch coming out of a break. The deduction forced a temporary cease-fire that gave Haney a few precious seconds to regain his faculties. Before the round was over, Haney was on the deck twice more but these were ruled slips.

The deduction, which effectively negated the knockdown, struck many as too heavy-handed as Dock hadn’t previously issued a warning for this infraction. Moreover, many thought he could have taken a point away from Haney for excessive clinching. As for Haney’s second and third trips to the canvas in round seven, they struck this reporter – watching at home – as borderline, sufficient to give referee Dock the benefit of the doubt.

In a post-fight interview, Ryan Garcia faulted the referee for denying him the satisfaction of a TKO. “At the end of the day, Harvey Dock, I think he was tripping,” said Garcia. “He could have stopped that fight.”

Those that played the rounds proposition, placing their coin on the “under,” undoubtedly felt the same way.

The internet lit up with comments assailing Dock’s competence and/or his character. Some of the ponderings were whimsical, but they were swamped by the scurrilous screeching of dolts who find a conspiracy under every rock.

Stephen A. Smith, reputedly America’s highest-paid TV sports personality, was among those that felt a need to weigh-in: “This referee is absolutely terrible….Unreal! Horrible officiating,” tweeted Stephen A whose primary area of expertise is basketball.

Harvey Dock

Dock fought as an amateur and had one professional fight, winning a four-round decision over a fellow novice on a show at a non-gaming resort in the Pocono Mountains of Pennsylvania. He says that as an amateur he was merely average, but he was better than that, a New Jersey and regional amateur champion in 1993 and 1994 while a student New Jersey’s Essex County Community College where he majored in journalism.

A passionate fan of Sugar Ray Leonard, he started officiating amateur fights in 1998 and six years later, at age 32, had his first documented action at the professional level, working low-level cards in New Jersey. The top boxing referees, to a far greater extent than the top judges, had long apprenticeships, having worked their way up from the boonies and Dock is no exception.

Per boxrec, Haney vs Garcia was Harvey Dock’s 364^th assignment in the pros and his forty-second world title fight. Some of those title fights were title in name only, they weren’t even main events, but, bit by bit, more lucrative offerings started coming his way.

On May 13, 2023, Dock worked his first fights in Nevada, a 4-rounder and then a 12-rounder on a card at the Cosmopolitan topped by the 140-pound title fight between Rolly Romero and Ismael Barroso. It was the first time that this reporter got to watch Dock in the flesh.

Ironically (in hindsight), the card would be remembered for the actions of a referee, in this case Tony Weeks who handled the main event. Barroso was winning the fight on all three cards when Weeks stepped in and waived it off in the ninth round after Romero cornered Barroso against the ropes and let loose a barrage of punches, none of which landed cleanly. Few “premature stoppages” were ever as garishly, nay ghoulishly, premature.

With all the brickbats raining down on Weeks, I felt a need to tamp down the noise by diverting attention away from Tony Weeks and toward Harvey Dock and took to the TSS Forum to share my thoughts. Referencing the 12-rounder, a robust junior welterweight affair between Batyr Akhmedov and Kenneth Sims Jr, I noted that Dock’s Las Vegas debut went smoothly. He glided effortlessly around the ring, making him inconspicuous, the mark of a good referee. (This post ran on May 15, two days after the fight.)

Folks at the Nevada State Athletic Commission were also paying attention. Dock was back in Las Vegas the following week to referee the lightweight title fight between Devin Haney and Vasyl Lomachenko and before the year was out, he would be tabbed to referee the biggest non-heavyweight fight of the year, the July 29 match in Las Vegas between Terence Crawford and Errol Spence Jr.

The Haney-Garcia fight wasn’t Harvey Dock’s best hour, I’ll concede that, but a closer look at his full body of work informs us that he is an outstanding referee.

—

While the Haney-Garcia bout was in progress, WBC president Mauricio Sulaiman threw everyone a curve ball, tweeting on “X” that Devin Haney would keep his title if he lost the fight. Everyone, including the TV commentators, was under the impression that the title would become vacant in the event that Haney lost.

Sulaiman cited the precedent of Corrales-Castillo II.

FYI: The Corrales-Castillo rematch, originally scheduled for June 3, 2005 and aborted on the day prior when Castillo failed to make weight, finally came off on Oct. 8 of that year, notwithstanding the fact that Castillo failed to make weight once again, scaling three-and-a-half pounds above the lightweight limit. He knocked out Corrales in the fourth round with a left hook that Las Vegas Review-Journal boxing writer Kevin Iole, alluding to the movie “Blazing Saddles,” described as Mongo-esque (translation: the punch would have knocked out a horse). After initially insisting on a rubber match, which had scant chance of happening, WBC president Jose Sulaiman, Mauricio’s late father, ruled that Corrales could keep his title.

Whether or not you agree with Mauricio Sulaiman’s rationale, the timing of his announcement was certainly awkward.

Haney’s mandatory is Spanish southpaw Sandor Martin (42-3, 15 KOs), a cutie best known for his 2021 upset of Mikey Garcia. A bout between Haney and Martin has the earmarks of a dull fight.

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In a Shocker, Ryan Garcia Confounds the Experts and Upsets Devin Haney

Published

5 days ago

April 21, 2024

David A. Avila

In-a-Shocker-Ryan-Garcia-Confounds-the-Experts-and-Upsets-Devin-Haney

Its good to be crazy. Like a fox.

Ryan “KingRy” Garcia knocked down WBC super lightweight titlist Devin Haney three times to remind everyone of his fighting abilities in winning by majority decision on Saturday.

“I just knew what I could do,” Garcia said.

Fans will not forget the lanky kid from Victorville, California now.

Garcia (25-1, 20 KOs) fooled everyone in playing crazy weeks before the fight, then showed shocking power to hand Haney (30-1, 15 KOs) his first loss as a professional at Barclays Center in Brooklyn.

Haney’s WBC super lightweight title was not at stake for Garcia because he weighed three pounds over the limit.

After Garcia seemingly acting out of control on social media, Haney’s guard must have slipped in the first round during the first few seconds as Garcia connected with that hellish left hook and Haney, with a look of shock in his eyes, almost went down. He barely survived the first round.

“He caught me with it,” said Haney.

During the next few rounds, Haney proceeded to advance toward Garcia seemingly fully aware of the lethal left hook. He used feints and rights to score with a busier approach as Garcia seemed cocked and ready to counter with a left hook.

In the fourth round it seemed Haney was confident he had regained control of the fight, but every time he opened up with more than a two-punch combination Garcia reminded him whose hands were faster and more dangerous.

Though Garcia seldom jabbed he seemed bent on looking for the right moment to unleash his deadly left hook. And every time the Southern California fighter opened up with a combination he scored and Haney dare not exchange.

A few times Haney smiled as if signifying he escaped.

In the seventh round Haney looked to punish Garcia’s body and instead was met with a three-punch combination included a left hook to the chin and down went Haney slumped on the ground. He managed to beat the count and as soon as Garcia came within reach Haney wrapped his arms around him with a python grip. Despite the warnings by referee Harvey Dock, the fallen fighter would not release and Garcia impatiently fired a weak punch during the break. The referee deducted a point from Garcia though he could have deducted a point from Haney for not obeying his instructions to release his hold. Haney actually went down three times in the round but only one was counted by the referee.

From that point on Haney was very cautious but still looking to win by decision.

Though Garcia kept using a shoulder-roll defense that left his body exposed, he would retaliate with three and four punch combinations that usually Haney could defend against other fighters.. But Garcia’s blazing combinations were too fast to defend.

In the 10^th round Haney looked to attack and was countered by Garcia’s right and a blinding left hook to the chin and another two blows that sent the former undisputed lightweight champion to the floor again.

It didn’t look good for Haney to survive.

Garcia walked into the 11^th round still composed and never out-of-control He dared Haney to exchange and when within striking distance Garcia unleashed another lightning combination and down went Haney again with a defeated look.

Both fighters had fought each other as amateurs six times so there were no surprises between them. But Garcia’s power and speed were superior and that was the difference in a professional fight.

In the final round both were cautious with Garcia’s combination punching proving too dangerous for Haney to open up. Garcia celebrated early as the round ended confident of victory.

After 12 rounds Garcia was seen the victor by majority decision 112-112, 114-110, 115-109.

“You really thought I was crazy,” Garcia told the interviewer and the crowd. “You guys hated on me.”

Other Bouts

Arnold Barboza (30-0) won a curious split decision victory over United Kingdom’s Sean McComb (18-2) in a 10-round super lightweight fight. McComb’s long reach and busy southpaw style gave Barboza trouble. But he managed to win the fight though the crowd was not pleased.

Bektemir Melikuziev (14-1, 10 KOs) defeated France’s Pierre Dibombe (22-1-1) by technical decision after eight rounds due to a cut on his eye from an accidental head butt. It was a very competitive super middleweight fight.

Costa Rica’s David Jimenez (16-1, 11 KOs) outworked John “Scrappy Ramirez (13-1, 9 KOs) in a 12-round scrap to upset the Los Angeles based fighter. After a few close rounds Jimenez simply bullied his way inside and forced Ramirez against the ropes and unloaded his guns.

After 12 rounds two judges saw it 117-111 and 116-114 all for Jimenez.

“I’m a hard-working man from Cartago I come from nothing,” said Jimenez. “My corner told me I had to work inside.”

Charles Conwell (19-0, 14 KOs) stepped on the gas early with vicious body shots and uppercuts and blasted through the resilient Nathaniel Gallimore (22-8-1, 17 KOs) for several rounds. After a brutal fifth and sixth round the referee halted the one-side beating in favor of Conwell who was fighting for the first time under the Golden Boy banner.

Another winner was Sergiy Derevyanchenko (15-5) by decision over Vaughn Alexander (18-11-1) in a super middleweight match.

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