In March 2006, Mr. McMahon reinstituted the steroids testing program after press reports suggested that the death of popular WWE wrestler Eddie Guerrero four months earlier was linked to steroid abuse.' Under the new WWE policy, the first series of tests were considered "baseline tests." 'Wrestlers were informed in advance that they would be tested and that no penalties would be imposed. The documents produced to the Committee indicate that 75 of the 186 wrestlerc (40%) tested positive for steroids or other drugs.
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The drug policy was weakened when Mr. McMahon allowed wrestlers to perform even in cases where they had been suspended as a result of positive drug tests. On August 21, 2006, the WWE issued an amendment to the substance abuse policy stating that the WWE "may, at its discretion, schedule the Talent to work selected televised events without pay and pay-per-views with pay during the 30 day suspension period."
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On September 24,2007 , the Committee staff conducted an interview with Dr. Tracy Ray, a physician with Andrews Sports Medicine and Orthopedic Center who is under contract with the WWE as the "medical review officer" for the WWE's steroid testing program. During his interview, Dr. Ray discussed the WWE's policy for "therapeutic use exemptions" to allow wrestlers to continue performing while using steroids. Dr. Ray informed the Committee that he is not a trained endocrinologist. He also stated that he does not examine wrestlers, discuss their medical conditions with their doctors, or conduct detailed reviews of their medical conditions before granting therapeutic use exemptions. According to the documents produced to the Committee, Dr. Ray approved seven therapeutic use exemptions since 2006. Dr. Ray informed the Committee that there was "shadiness in almost every case that I've reviewed."
Dr. Black, the WWE's program administrator for the steroid testing program, described these therapeutic use exemptions as "a testosterone replacement acceptance program." He indicated that this policy allows wrestlers who have damaged their endocrine system through the abuse of anabolic steroids to continue using these drugs.
On December 14, 2007, the Committee interviewed Vince McMahon, the Chairman of the WWE and one of its most well-known performers, Mr. McMahon has admitted to using steroids in the past. He refused to answer questions from the Committee, however, about his personal steroid use.' Mr. McMahon informed the Committee that even though he continues to perform in wrestling events, he is not subject to the WWE substance abuse policy, including its drug testing provisions.
During his interview, Mr. McMahon was asked whether he knew if there are health risks from steroid use, including long-term risks. He responded: "I'm not a doctor. I don't know." When asked what he would tell wrestlers who asked about potential health risks, he answered: "I don't know if there are really any long-term effects of stèroid usage." When asked whether steroids could cause impairment and risks to wrestlers and others in the ring, Mr. McMahon indicated that he had never considered the question."