Gleison Tibau drops appeal, accepts 2 year suspension for EPO

[bigconan]

lol at Tibau insinuating that he's stopping the appeal because of money issues and not the fact that he's blatantly on gear and got caught red handed

EPO is not steroids. Not even close.

 

[HHJ]

Good riddance. Never understood keeping a guy on the under card for 25 fights.

especially since hes one of the most boring fighters in the promotion

 

[Pacemaker Joe]

So he's done for good basically?

Wouldn't be at all unheard of for a guy to be fighting at 35. But it might be hard for him to keep training at the level he has been without the fight income. I'd actually be sort of surprised if he didn't show up on a UFC card in Brazil, or in one of the Brazilian organizations once his suspension is up.

 

[Darwinambrosius]

I wonder if he didn't want the appeal to qualify as "aggravating circumstances", even though it would violate his due process among other things if an appeal by itself increased the suspension amount.

I wouldn't think an appeal would count at "aggravated circumstances". You have a right to appeal any legal decision if you believe the results to be false. You just have to pony up all the money for that up front and it sounds like the hearing will costs more than the 3-6 months of time or one fight purse.

USADA isn't the government and the suspension is through the UFC, so I'm not sure how the appeal process works.

 

[Toco]

unfortunate

first one to bite the dust with the new drug testing

they need to all be legit professional now

 

[JayPettryMMA]

Tibau is only 32 now, and his suspension should go into effect on the date of his positive test, if I'm not mistaken. So that would be from either 12/4/15 based on the initial "potential violation notice" or on 12/23/15 based on the other in-competition violation.

So if things go according to plan, he can fight again in December 2017, where he'll be 34. Not necessarily a career-ending suspension, but it hurts.

 

[Darwinambrosius]

Wouldn't be at all unheard of for a guy to be fighting at 35. But it might be hard for him to keep training at the level he has been without the fight income. I'd actually be sort of surprised if he didn't show up on a UFC card in Brazil, or in one of the Brazilian organizations once his suspension is up.

I was thinking it was an expense thing and that he may need to change careers altogether rather than age, but yeah.

 

[Toxxus]

I do hope that appeals to the process aren't stupidly expensive or it'll end up being like the American justice system where you are innocent-until-proven guilty unless you're poor in which case you're automatically guilty and working on a plea bargain because you can't afford a lawyer and your public defender gets about 17 minutes per case.

 

[JayPettryMMA]

USADA isn't the government and the suspension is through the UFC, so I'm not sure how the appeal process works.

That's why I brought it up, because administrative proceedings and rulings can do crazy things and aren't traditionally bound to the standard rules of procedure. Although Due Process still applies, so it's why I was questioning it.

 

[TheNinja]

I was never a huge fan of his. He struck me as a guy way too big for his weightclass who relied on brute strength to pick up some decisions. I might be way off with that assumption but when I think of him that's what I think. I respect how long he's be around at a high level though.

 

[Darwinambrosius]

That's why I brought it up, because administrative proceedings and rulings can do crazy things and aren't traditionally bound to the standard rules of procedure. Although Due Process still applies, so it's why I was questioning it.

Yeah man, I was just thinking out loud I guess. Interesting case. I wonder if his appeal would require a lawyer.

 

[JayPettryMMA]

Yeah man, I was just thinking out loud I guess. Interesting case. I wonder if his appeal would require a lawyer.

It's all good. I'm rolling the ideas around in my head as well. Legal representation isn't required for administrative hearings, but parties have the right to be represented. Also, I don't think a public defender would be appointed as the state wouldn't be obligated to provide legal counsel.

 

[JollyRants]

Tibau is only 32 now, and his suspension should go into effect on the date of his positive test, if I'm not mistaken. So that would be from either 12/4/15 based on the initial "potential violation notice" or on 12/23/15 based on the other in-competition violation.

So if things go according to plan, he can fight again in December 2017, where he'll be 34. Not necessarily a career-ending suspension, but it hurts.

shocking tibau is 32, he's looks 40.

 

[Darwinambrosius]

It's all good. I'm rolling the ideas around in my head as well. Legal representation isn't required for administrative hearings, but parties have the right to be represented. Also, I don't think a public defender would be appointed as the state wouldn't be obligated to provide legal counsel.

That's what I was thinking would make it expensive. I actually know a guy in CO who may possibly take the case pro bono lol

 

[JayPettryMMA]

That's what I was thinking would make it expensive. I actually know a guy in CO who may possibly take the case pro bono lol

Is he bar certified in NV? I'm pretty sure that's the jurisdiction that the case would be held.

 

[Darwinambrosius]

Is he bar certified in NV? I'm pretty sure that's the jurisdiction that the case would be held.

Idk. I'll send him this link for lols

 

[Kahran]

And he would have gotten away with it too, if it wasn't for you meddling kids.

 

[Pacemaker Joe]

Is he bar certified in NV? I'm pretty sure that's the jurisdiction that the case would be held.

Denver Colorado. Or maybe Nevada?

http://ufc.usada.org/wp-content/uploads/UFC-arbitration-rules-EN.pdf
"The Arbitration hearing may take place by telephone, video conference, or in person, as agreed to by the parties or as directed by the Arbitrator(s). All other proceedings shall take place by telephone. If the Arbitration is to take place in person, the location of the Arbitration shall be Denver, Colorado, USA, unless the Arbitrator(s) for good cause shown rules otherwise. The Arbitration shall take place at a time within 90 days of completion of the appointment of the UFC Arbitration Rules – Version 1 (July 2015) 3 Arbitrator(s) unless that time is extended by agreement of the parties or upon a showing of exceptional circumstances by a party and so ordered by the Arbitrator(s). The hearing process shall be expedited when necessary to determine the Applicant’s eligibility before the Applicant is scheduled to participate in a scheduled Bout."

...

"The laws of the State of Nevada, U.S.A. shall be the governing law for arbitrations under these Rules."

And yea, it gets sort of pricey even without a lawyer. $2700 filing fee:

"Arbitration proceedings seeking to appeal USADA’s assertion of an ADPV shall be initiated by the Applicant serving a written Notice of Appeal on USADA within ten days of Applicant’s receipt of notice of the asserted violation, stating that Applicant wishes to appeal USADA’s decision through the arbitration process described in these Rules. USADA will then provide the Applicant with the MGSS Applicant Request for Arbitration form , which must be completed by the Applicant and filed with MGSS within ten days of Applicant’s receipt of the Applicant Request for Arbitration form (with a copy to USADA), along with the $2,700 filing fee. Failure by the Applicant to submit either the Notice of Appeal or the Request for Arbitration and filing fee within ten days will result in forfeiture of the Applicant’s right to appeal or otherwise challenge USADA’s decision. Applicant may request a waiver or reduction of the filing fee from MGSS for good cause on the basis of financial hardship."

 

[JayPettryMMA]

Denver Colorado.

Well there we go. The only other place I could think it could go would be Florida, because that's the domicile of Tibau as far as I know. NV was just because I figured the NSAC would be the one levying the suspension since the fight happened in Sao Paulo.

Idk. I'll send him this link for lols

Well, Tibau isn't appealing, so it's a moot discussion. Once he waives his right to appeal, I don't think he can revive it.

 

[Pacemaker Joe]

Well there we go. The only other place I could think it could go would be Florida, because that's the domicile of Tibau as far as I know. NV was just because I figured the NSAC would be the one levying the suspension since the fight happened in Sao Paulo.

It's weird, they take place in Colorado but under Nevada laws? See the edited post above.