[Wand Interview]"I can't even speak English properly, much less read contracts"

[krelianx]

You are correct which is my point. However, the NSAC can't just turn up to someones gym and give them licesnsing papers and tell them to take a test. It don't work like that.

Either he has already began his application or he hasn't. if he hasn't then they have no authority to test Wand.

But you are suggesting that the papers they were trying to get Wanderlei to sign were for consent to the drug test sample submissions. I'm not sure that makes a whole lot of sense since, as you admit, their very code establishes the testing regulations apply to those under licensing constraints.

This is why it made sense for me to think that whatever these papers were they had the force of binding Wanderlei to the licensing clauses of their code. So the papers were either an application for a license, or some other document binding Wanderlei to those clauses. In any case, I think there's no substantial disagreement here.

To address the big point: I understand Wanderlei, or anyone, would want to know what any such contract would say before signing it. But the evident truth remains that he was procrastinating the application procedure until the last minute, and everything points to this being in order to avoid testing. He fled from the test, and did not submit for license which would make the commission test him. And this charade bit him in the ass, rightfully.

Fleeing from the random test under the pretext that he did not know what this was or who the representative was, claiming to not knowing sufficient English so as to ask the dude for his credentials, is about as ludicrous a story as he could have come up with. Pathetic, really.

The profound irony is that he ended up doing Sonnen a bigger favor than even losing to him. Now he is up for a #1 contender spot.

 

[mikekoz68]

If what he is saying is true and it doesn't seem far fetched that it is, especially if there is a new guy running NSAC and things have changed then there is nothing wrong with wanting your lawyer there before you sign something. Smart people(who can afford it) use a lawyer for pretty much everything they sign. If the guy didn't have any credentials you don't sign something you can't read because a guy told you he was from somewhere.

Yes, but -and its a big but- he knows it was more than just signing papers he knew that they were there for a sample. Silva is not that dumb to understand that a random drug test -is random!- and is done by surprise and it is important not to refuse and wanting to go watch a fight is not a reason to miss a test. At the very least he would have to call Dana or maybe his lawyer at that point and ask if he has to pee!!

The "no speaky English" defense may work for paperwork but it doesn't work when staring at a urine bottle. He has to know if he blows this off there will be repercussions, and there was, he's off the card.

 

[thechoice2]

If he is scheduled to have a fight in Nevada they sure do. This is exactly what happend to Vitor and to Overeem. Neither of them were licensed to fight, but they were tested. Wand was trying to play the system and not apply until the last second (thinking he wouldn't be tested until he applied), but the NSAC doesn't work like that anymore.

Vitor didn't have to take the test.

Overeem was licensed at the time of his failed test.

 

[thechoice2]

But you are suggesting that the papers they were trying to get Wanderlei to sign were for consent to the drug test sample submissions. I'm not sure that makes a whole lot of sense since, as you admit, their very code establishes the testing regulations apply to those under licensing constraints.

This is why it made sense for me to think that whatever these papers were they had the force of binding Wanderlei to the licensing clauses of their code. So the papers were either an application for a license, or some other document binding Wanderlei to those clauses. In any case, I think there's no substantial disagreement here.

To address the big point: I understand Wanderlei, or anyone, would want to know what any such contract would say before signing it. But the evident truth remains that he was procrastinating the application procedure until the last minute, and everything points to this being in order to avoid testing. He fled from the test, and did not submit for license which would make the commission test him. And this charade bit him in the ass, rightfully.

Fleeing from the random test under the pretext that he did not know what this was or who the representative was, claiming to not knowing sufficient English so as to ask the dude for his credentials, is about as ludicrous a story as he could have come up with. Pathetic, really.

The profound irony is that he ended up doing Sonnen a bigger favor than even losing to him. Now he is up for a #1 contender spot.

What better excuse could he use for this? I'm thinking that's probably the best you can do under this situation. Let's be real, this excuse is 100 times better than what the real reason was for him not taking the test.

 

[Boom_Ba_Ye]

But you are suggesting that the papers they were trying to get Wanderlei to sign were for consent to the drug test sample submissions. I'm not sure that makes a whole lot of sense since, as you admit, their very code establishes the testing regulations apply to those under licensing constraints.



This is why it made sense for me to think that whatever these papers were they had the force of binding Wanderlei to the licensing clauses of their code. So the papers were either an application for a license, or some other document binding Wanderlei to those clauses. In any case, I think there's no substantial disagreement here.

To address the big point: I understand Wanderlei, or anyone, would want to know what any such contract would say before signing it. But the evident truth remains that he was procrastinating the application procedure until the last minute, and everything points to this being in order to avoid testing. He fled from the test, and did not submit for license which would make the commission test him. And this charade bit him in the ass, rightfully.

Fleeing from the random test under the pretext that he did not know what this was or who the representative was, claiming to not knowing sufficient English so as to ask the dude for his credentials, is about as ludicrous a story as he could have come up with. Pathetic, really.

The profound irony is that he ended up doing Sonnen a bigger favor than even losing to him. Now he is up for a #1 contender spot.

Like I said, I am only speculating. However, it may have somethign to do with the fact that Wanderlei signed a bout agreement with the UFC to fight Sonnen in the state of Nevada. Weather or not this gives them the power to test Wand, I am not sure. Maybe that entered Wand into their jurisdiction.

However, it would be really strange if they brought licensing papers for a fighter to sign when it is upon the fighter to apply for a licence.

I think that Wand was on something, but if they were licensing papers as you were saying, then was right not to sign the papers there and then.

 

[Leon]

I can't read english, here is my response to the situation in perfect english.

You're a smart one, arent you...

 

[moreorless87]

Like I said, I am only speculating. However, it may have somethign to do with the fact that Wanderlei signed a bout agreement with the UFC to fight Sonnen in the state of Nevada. Weather or not this gives them the power to test Wand, I am not sure. Maybe that entered Wand into their jurisdiction.

However, it would be really strange if they brought licensing papers for a fighter to sign when it is upon the fighter to apply for a licence.

I think that Wand was on something, but if they were licensing papers as you were saying, then was right not to sign the papers there and then.

It doesn't give the power to test him but it does mean they can demand random testing before a license is given and then take into account its refusal when looking at a license application.

 

[Boom_Ba_Ye]

It doesn't give the power to test him but it does mean they can demand random testing before a license is given and then take into account its refusal when looking at a license application.

This makes more sense. Basically he is under no obligation to take any test by the NSAC. However, should he apply for license, they could take it into account.

However, I highly doubt that the NSAC brought him license papers to sign. They came to test him as he has a bout agreement for a bout to take place in the state of Nevada and he refused as he was will within his rights.

How this will affect him in getting a license in the future remains to be seen. Is there a precedent for this kind of scenario?

 

[lsa]

It doesn't give the power to test him but it does mean they can demand random testing before a license is given and then take into account its refusal when looking at a license application.

I know its not the same but..
I am on a medication that are classified as narcotics.
I need to do regularly piss test because of this medication.
The "funny" thing is that the piss test are not mandatory but voluntary, and I need to sign a paper that say I do it voluntary. How ever if I DON'T do the piss test the doctor can and will refuse to renew my prescription.

I think its kind of the same with the test for NSAC.
Sure you can refuse to do them and yes they are voluntary but if you refuse it will be seen as a failed test / positive test when you apply for a license.

 

[Uncommon Valor]

What does not knowing "anymore about the situation" than you or I or anyone other than those present matter? Jesus, where the hell did you learn to argue? You sound like one of those brainwashed cultists when you post. I say "A," and you start talking about why zebras should have three legs.

It's like arguing with a five year old with ADD.

Which is exactly my point. What are you babbling about? It's not obvious you don't a clue about what's happening, so just leave this to the big boys, kiddo.

 

[markg171]

AKA: We have no reason not to believe, other than the UFC's stance, that Wand could go apply a week before the fight, and legally get licensed as was planned.

Wand wasn't licensed at the time of the incident. It's not a legally binding situation if he refused their test at that time, nor does it preclude him from a license.

It's impossible for Wand to apply the week before the fight. He's over 35 and therefore must appear at a full commission meeting to get his licence. The last possible date that he could get his licence is June 17th, which is when they're holding their next meeting. That's why Belfort/Chael isn't official yet either as Belfort needs to appear before the commission to get his licence as he is over 35 as well. So Wand couldn't possibly have been hoping to get his licence the week of the fight.

So my guess is that when Wand never showed up at the May 13th commission meeting to apply for his licence, the commission realized that he was trying to wait till 2 weeks before the fight (their next meeting) to get his licence and therefore be subject to their drug testing laws. They decided to step in and show up at his gym to get him to sign something allowing them to collect tests from him while he was still 6 weeks out from the fight as there was a far greater chance of stuff being still in his system if he was using.

 

[BlizzardVeers]

It's impossible for Wand to apply the week before the fight. He's over 35 and therefore must appear at a full commission meeting to get his licence. The last possible date that he could get his licence is June 17th, which is when they're holding their next meeting. That's why Belfort/Chael isn't official yet either as Belfort needs to appear before the commission to get his licence as he is over 35 as well. So Wand couldn't possibly have been hoping to get his licence the week of the fight.

So my guess is that when Wand never showed up at the May 13th commission meeting to apply for his licence, the commission realized that he was trying to wait till 2 weeks before the fight (their next meeting) to get his licence and therefore be subject to their drug testing laws. They decided to step in and show up at his gym to get him to sign something allowing them to collect tests from him while he was still 6 weeks out from the fight as there was a far greater chance of stuff being still in his system if he was using.

This is realistic, and Wand can -still- go apply and probably pass the test if Vitor doesn't.