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Paolo Miyao’s Shocking Defense in USADA Case: Doping Rules Do Not Apply To Me

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Paolo Miyao’s Shocking Defense in USADA Case: Doping Rules Do Not Apply To Me

 

 

When the sources first started reporting that Paolo Miyao had failed a USADA test it was fairly strange that no official report had come out. Now we know that was all due to the test being challenged by Miyao – and not in a manner you might think!

As a reminder, Miyao, 25, tested positive for clomiphene as the result of an in-competition drug test conducted on June 5, 2016, at the International Brazilian Jiu-Jitsu Federation (IBJJF) World Jiu-Jitsu Championships held in Long Beach, Calif.

But a thorough look at the entire document reveals a very different picture. Miyao who claimed on social media he was willing to “take full responsibility, without excuses” – previously raised quite a shocking excuse to USADA all but admitting his fault.

Miyao argued that he should not be subject of any discipline as he virtually doesn’t speak English and that USADA doesn’t have jurisdiction in these circumstances. 

Miyao tested positive for Clomiphene – a prohibited substance in the class of Hormone and Metabolic Modulators on the WADA 2016 Prohibited list.

Clomiphene is a drug many athletes tested positive for including Gabi Garcia, Jon Jones and Brock Lesnar. With Garcia claiming she was taking it for fertility while the two other athletes allegedly ingested it via erectile dysfunction medication.

Iain Kidd writes about clomiphene for bloody elbow:

This boost to testosterone production doesn’t only occur in people with low testosterone, though. Studies have shown that even in young, healthy individuals, clomiphene can double testosterone production. It does this by suppressing estrogen’s action in the pituitary, which causes more luteinizing hormone to be produced. This luteinizing hormone then stimulates the body’s leydig cells, which secrete testosterone and related steroid hormones.

Now Miyao never contested the results however he did argue that there was a jurisdictional issue – he claimed he was not subject to the arbitration between USADA and IBJJF active from January 15th 2016. 

Miyao’s whole defense was contained in arguments that had a premise that USADA has no jurisdiction to sanction him since they weren’t mentioned in the entry/waiver he signed for the competition. Indeed USADA is only mentioned in the English version of the document. And not the Portuguese one. He was given 2 wavers, both of which he signed.

 

Miyao subsequently testified that he didn’t read English and that he claimed Portuguese version of the entry/waiver form would be accurate. Of course Miyao’s defense also argued that given lack of an enforceable arbitration agreement any Award on the merits would be set aside under the Federal Arbitration Act.

But Miyao obviously consented to drug testing at the Championship having checked the box in the Additional Waiver Release Terms that stated he’s read and agreed to terms above which specifically mention USADA’s Doping Control Services as well as WADA code application.

Official USADA Statement: Paolo Miyao Tested Positive For Clomiphene, Challenged Positive test

 

Additionally if Miyao hadn’t agreed to consent to the doping and recognized USADA results management he would not be permitted to enter the Worlds 2016.

However the widely documented cooperation between USADA and the IBJJF since 2013 negates that. And proves Miyao has had extensive experience in the sport and international competition so he had ample time to learn about drug testing and procedures.

A careful look at the document also reveals there was another doping case presented in 2013  by jiu-jitsu athlete – however since the registration for Worlds 2013 was prior to USADA’s contract to conduct doping control that athlete managed to avoid a suspension

Miyao testified:

Now even so Miyao claimed that in spite of participating in testing at 2015 World Championships.

All of this makes you wonder. Here’s an athlete at the highest level trying to get out of a suspension on a pure technicality and even though he claims he is ready to take full responsibility all of the USADA released documents counter it. He may have gotten that 2 year suspension but how much accountability is there going forward?

You can download the entire document here.