I. ADVERSE FINDING
On November 11, 2016 VADA notified the WBC that Bermane Stiverne’s anti-doping test taken from his November 4, 2016 sample (the “Test”) pursuant to the WBC Clean Boxing Program (“CPB”) yielded an adverse finding for the banned substance methylhexaneamine (also known as dimethyamylamine or “DMAA”).
II. METHYLHEXANEAMINE a/k/a DIMETHYAMYLAMINE OR DMAA
DMAA is sold currently as a dietary supplement and as an ingredient is various energy preparations. Due to safety concerns, DMAA has been temporarily removed from military stores in the US. Its use has been linked to several reports of serious, life-threatening side effects which appears to be the main reason why the World Anti-Doping Agency added DMAA to its prohibited substances list in 2010.
III. MR. STIVERNE’S TEST AND RESULTS
Upon learning of Stiverne’s anti-doping test result, the WBC immediately started an investigation of the: (1) circumstances surrounding the adverse finding; and (2) history and properties of DMAA. The WBC considers those steps necessary to achieve a ruling consistent with the WBC Rules and Regulations and with the WBC CPB Protocol.
Throughout the investigative process, Stiverne has been extremely cooperative and 100% forthcoming. Stiverne informed the WBC that on the day of the Test, in order to facilitate urination, he took a dietary supplement called SUPERPHARM in front of the sample collector. He reported the ingestion of that supplement in the Declaration of Medication Use section of the doping control form he filled in connection with the Test.
Stiverne also reported that he ingested the supplement twice the same day and that he took it because the supplement staff at EOS Gym in Henderson, Nevada recommended it to him. He was looking for a product that would help him with post-work out fatigue. Stiverne is fully aware of the gravity of the mistake he made by taking an off-the-shelf supplement without investigating its ingredients in detail. Stiverne also realizes that he is ultimately responsible for anything that he ingests. In short, he now realizes that he was very naïve by following a store’s recommendation of an off-the-shelf supplement while being ignorant of its contents.
IV. WBC’S FINDINGS
Based on detailed research and information gathering, the WBC finds as follows:
1. Stiverne agreed to participate in the WBC CBP in connection with the Bout.
2. DMAA is a banned substance under the WBC CPB by virtue of its inclusion in VADA’s List of Banned Substances.
3. The anti-doping test of sample collected from Stiverne on November 4, 2016, tested positive for DMAA.
4. Stiverne admitted taking a dietary supplement that unbeknownst to him, included DMAA as an ingredient.
5. The WBC is not aware that Stiverne has ever tested positive for any banned substances.
6. There is no evidence that Stiverne intentionally or even knowingly, ingested a banned substance with the purpose of enhancing his performance in any fashion.
7. Stiverne’s ingestion of DMAA was purely accidental.
8. As the CBP’s Results Manager, the WBC has complete discretion as to the extent and nature of any penalty it imposes upon Stiverne.
V. WBC BOARD OF GOVERNOR’S RULING
The WBC Board of Governor’s ruling is based on the facts as known to the WBC at the time of the ruling. Based on the adverse finding of Stiverne’s “A” November 4, 2016 sample, and taking into consideration Stiverne ingested a dietary supplement that contained DMAA without knowledge that he was consuming a banned substance, WBC has ruled as follows:
a. The WBC CBP considers Stiverne’s adverse finding a first violation of the WBC CBP under its Protocol;
b. The WBC will not withdraw its sanction of the bout at this point in light of the fact that there is sufficient time to put in place preventative and remedial measures to protect the health and safety of the bout’s participants;
c. VADA, pursuant to the WBC CBP, will design a specific testing protocol for Stiverne at Stiverne’s own cost and expense. The VADA-designed protocol will commence as soon as feasible after this ruling and will continue until after the Bout and for six months thereafter;
d. In the event there is an adverse finding concerning any of Stiverne’s samples during the time prescribed above, the WBC shall immediately: (1) suspend Stiverne from participation in any WBC-sanctioned events indefinitely; (2) divest Stiverne from any WBC title or any other rights he might have at the time; and (3) impose any and all available penalties under the CBP without further inquiry;
e. The WBC shall work with Stiverne to design a program consisting of 40 hours of community or social work in the area of doping prevention education to young athletes; and
f. Stiverne shall pay a fine of $75,000 to the WBC CBP.