Double Standard In Wellness Policy And Whether WWE Can Penalize Brock Lesnar

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“This Policy… is applicable to and binding upon all WWE Talent under contract to WWE who regularly perform in-ring services as a professional sports entertainer (“WWE Talent”).” – WWE’s Abuse and Drug Testing Policy, Section 17 (bold added for emphasis)

Does the WWE Wellness Policy apply to Brock Lesnar? Is he a “regular” performer? Or is he exempt from WWE’s drug testing policy because he only appears for WWE occasionally, having just eight matches for the company in 2015, and seven so far in 2016. Apparently thanks to the terms of his contract with WWE, he’s only required to appear for the pro wrestling promotion on a limited number of dates, as opposed to most WWE performers, many of whom wrestle upwards of one hundred matches per year.

Furthermore, are (or were) Triple H, The Undertaker, The Rock or Vince McMahon considered to “regularly perform in-ring services” for WWE? Were they drug-tested by WWE at any time before or after their occasional wrestling matches since the policy was enacted in 2006? Or have they and Lesnar merely been exempt from the drug testing policy set forth under WWE’s Talent Wellness Program because they only occasionally perform (or performed) in-ring? Were they at all subject to the minimum four drug tests per year that the policy states is required?

“The random selection program conducted throughout the year is designed to result in all WWE Talent being tested at a minimum four (4) times annually, but may result in more frequent testing due to the random selection process.” – Ibid., Section 8 B

According to statements from UFC, Lesnar potentially failed USADA drug tests on June 28 and on the day of his UFC fight, on July 9, both times for the same substance. Lance Pugmire of the LA Times has reported the substance is clomiphene, an anti-estrogen blocker.

I’m told by an official with knowledge of Brock Lesnar’s positive test that the substance is clomiphene, the same one found in @JonnyBones.

— Lance Pugmire (@latimespugmire) July 19, 2016

We contacted WWE to ask whether part-time performers like Lesnar, Triple H, The Undertaker and The Rock had been drug-tested in accordance with the Wellness Policy. The company didn’t answer the specific question; it instead responded with the same statement regarding Lesnar it’s given many outlets recently: “Brock Lesnar has not performed for WWE since WrestleMania and is not scheduled to return until Sunday, August 21.”

In December 2007, Vince McMahon was interviewed by a congressional subcommittee, where he was asked by David Leviss, senior investigative counsel for the subcommittee, about who the policy applies to, where he emphasized that the Wellness Policy only applied to regular performers.

[David Leviss:] Is [the WWE Talent Wellness Policy], in effect, company?wide, does it govern everybody at the company or just talent? [Vince McMahon:] It only governs those talents that are regularly scheduled to compete in the ring. I say “compete,” perform in the ring. (Interview of Vince McMahon; December 14, 2007, p. 46)

Later in the interview, McMahon stated that, at least up to that time, he himself had never been drug-tested under the policy. McMahon further gave the impression that part-time in-ring performers, such as himself at the time, were not subject to the Wellness Policy. He was given the following line of questioning from Leviss:

[David Leviss:] In your role as WWE talent are you subject to the provisions of the Wellness Policy? [Vince McMahon:] Let me answer where I think you’re going. I do not test. I’m 62 years old. The Wellness Policy is a policy designed for talent that’s regularly scheduled to compete, which I may wrestle a couple times a year. And not only not regularly scheduled, at 62 I’m not exactly a 24?year?old guy of which we’re concerned for his wellness. So I don’t fall in the category. [Leviss:] So you’re not subject to the terms of the Wellness Policy? [McMahon:] No. [Leviss:] And are you subject to testing?[McMahon:] If I’m not in the Wellness Policy, then I’m …

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