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Nevada Athletic Commission agrees to a settlement with Nick Diaz

Today, the Nevada Athletic Commission once again met in order to discuss Nick Diaz, Wanderlei Silva and other topics. And, once again, their actions resulted in head scratching and puzzled looks. Luckily, there is but one takeaway: The NAC agrees to a settlement with Diaz.

In September last year, UFC fighter Nick Diaz was suspended by the NAC for five years, and fined $165,000 for failing a post-fight drug test at UFC 183, where he faced Anderson Silva. Diaz’s test popped for showing traces of marijuana in his system.

The NAC’s decision caused an astronomical backlash, having them condemned by media and fans alike. It wasn’t just the punishment, although five years for a marijuana infraction seemed perverse, but it was the manner in which Diaz’s hearing was treated.

The NAC’s shocking attitude towards Diaz’s legal team, for example. Lucas Middlebrook, Diaz’s attorney, made a compelling case on behalf of his client. Diaz was tested three times after his fight with Silva, with two of those tests carried out by World Anti-Doping Agency (the gold standard of drug testing) accredited labs and one by a different, non-WADA accredited facility.

The two WADA accredited processes found Diaz to have no marijuana substances in his system. The third found a completely different result. The NAC cared not, and returned fire with their verdict. At the time, Commissioner Pat Lundvall drew the most ire, as she appeared callous in her treating of Diaz. At one point, when Diaz chose to “plead the 5th,” Lundvall became incensed and began to ask him basic questions, such as if he spoke English. Lundvall also initially proposed a life time ban, stating that Diaz “should not be entitled to the privilege to fight in this state” due to an apparent “flaunting requirements.”

After the hearing ended, the NAC members were heard muttering about “disrespect.”

After the hearing, the backlash was huge. Bringing MMA fans together in a rare show of unity, more than 100,000 signed a petition to the White House. Rumours began of a settlement with Diaz, and today his name was on the agenda to have the issue settled.

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It was somewhat expected for the NAC to admit some form of wrong-doing. Instead, they admitted nothing, unanimously agreeing to a settlement without releasing the terms. They also failed to provide members of the media present any access to settlement paperwork.

Their total discussion of Diaz took around 60 seconds. Compare that to their initial sentencing, which took well over an hour.

The behaviour today seems slightly transparent. If the NAC announced any reduced sentencing, it would be seen as an admission of wrongdoing, something which is completely out of the NAC’s character. Members of the commission made no comment to the media present, instead leaving without making a statement.

Instead, the commission chose to hurriedly agree to their settlement with Diaz, as if they were attempting to sneak it past those watching.

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Details of the settlement with Diaz still being released, but it appears as if Diaz’s punishment is to be reduced to an 18-month suspension and $100,000 fine.

The settlement means that Diaz would be able to return to the Octagon in August of this year.

It’s unknown if Diaz will indeed return, and if so in which division he’ll chose to return to. Previously making his name as a Welterweight, for his last fight Diaz moved up in weight to Middleweight.

Regardless of what weight he wants to fight as, the return of the Stockton-native will be regarded as a victory by MMA fans and media alike. 

Also on the agenda was Wanderlei Silva, who was previously handed a life time ban for avoiding a drug test, in June 2014.

The Brazilian had fled his gym after an official came to collect a sample for testing. Silva later admitted to actively avoiding the test, and on advice of Deputy Attorney General Christopher Eccles, he was banned.

“I’m suggesting that you send a message that Mr. Silva will never be licensed here,” said Eccles at the time. “Running from a test, it’s really terrible for the sport. It’s terrible for all the clean athletes out there. I am asking that you tell him that you’ll never be licensed here. You are done.”

That was overturned by a higher court, (A Nevada judge ruled that the verdict was “in excess of the statutory authority of the agency”) and today the NAC were expected to issue a re-verdict. Instead, they postponed Silva’s hearing to February, much to the fury of Silva’s legal representative.

“This was ordered for re-hearing back in October,” said Silva’s attorney, Ross Goodman. “The commission then continued it to November for another re-hearing, approval on a proposed consent order. The commission then moved it, at that time, to December. The commission then took it off calendar and moved it to January.

“So by continuing to move this hearing for Wanderlei, it is violating his due process rights. He has a due process right to have his re-hearing heard, to bring finality to it, so that he can take whatever legal recourse he wants. But it appears, for no reason, that the commission is now moving this, which should’ve been heard some four months ago.”

NAC member Anthony Marnell assured Goodman that his client would have his hearing in February.

Written by Oscar Stephens-Willis

Oscar is a journalist from London, currently residing in Seattle. He has had work published by NBC News, The Central Circuit and The Voyager.

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