Has Joshua Fabia crossed the regulatory line?

Diego Sanchez’s former manager Joshua Fabia has been creating no shortage of controversy.

In one of his latest escapades around the time of the Sanchez relationship breakdown he suggested the Nevada Athletic Commission “ comes in and leans on Diego, and he has to throw a f—ng fight. Now, I have them recorded “.

Suggesting a regulator wants a fight to be thrown is about as disparaging of a comment as can be made when it comes to the integrity of combat sports.

Assuming Fabia was licenced with the commission (as a manager and second he is supposed to be) should he be facing regulatory discipline by the Commission for these comments?

NAC 467.885, set out below, spells out various grounds for when the regulator can bring disciplinary action against a licence holder. This includes when someone “ has engaged in any activity or practice that is detrimental to the best interests of this State, the Commission or unarmed combat ” and also “ Engaged in conduct at any time or place which is deemed by the Commission to reflect discredit to unarmed combat .”

Nevada has thrown the book at licence holders for far less. It will be interesting to see if they let these suggestions go unpunished.

As MMA referee and rules pioneer John McCarthy notes, even if no current licence discipline occurs such inflammatory remarks could bring future licencing applications under the microscope.

NAC 467.885 Grounds for disciplinary action. ( NRS 467.030) The Commission may suspend or revoke the license, approval, registration or sanctioning of, impose a ban on participation in unarmed combat in this State for a certain period against, otherwise discipline, or take any combination of such actions against, a person licensed, approved, registered or sanctioned by the Commission or otherwise associated with unarmed combat in this State who has, in the judgment of the Commission:

  1. Violated the laws of Nevada or the United States, except for minor traffic violations. The Commission may determine that a person licensed, approved, registered or sanctioned by the Commission or otherwise associated with unarmed combat in this State has violated the laws of Nevada or the United States, whether or not the person has been convicted of, or entered a plea of guilty, guilty but mentally ill or nolo contendere to such a violation.
  2. Violated any provision of this chapter.
  3. Provided false or misleading information to the Commission or a representative of the Commission.
  4. Failed or refused to comply with a valid request of a representative of the Commission.
  5. Engaged in conduct at any time or place which is deemed by the Commission to reflect discredit to unarmed combat.
  6. Knowingly dealt or consorted with any person who:

(a) Has been convicted of a felony;

(b) Engages or has engaged in illegal bookmaking;

(c) Engages or has engaged in any illegal gambling activity;

(d) Is or has been a reputed underworld character;

(e) Is or has been under suspension from any other Commission; or

(f) Is engaged or has engaged in any activity or practice that is detrimental to the best interests of this State, the Commission or unarmed combat.

  1. Had knowledge, or in the judgment of the Commission, should have had knowledge that an unarmed combatant suffered a serious injury during training for a contest or exhibition and failed or refused to inform the Commission about that serious injury.
  2. Been cited, arrested or convicted for domestic violence. As used in this subsection, “domestic violence” means an act described in NRS 33.018.
  3. Committed any act or omission that constitutes grounds for disciplinary action pursuant to any provision of this chapter or chapter 467 of NRS.

[Athletic Comm’n, § 152, eff. 4-25-78] — (NAC A 12-2-97; R083-00, 9-22-2000; R090-07, 12-4-2007; R062-16, 9-9-2016; R032-18, 1-30-2019)

Via Combat Sports Law Blog

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