complying with a very first round disqualification loss because of an deliberate head butt at world series of battling 18, Cody McKenzie was handed a 3 month licence suspension by the Edmonton Combative sports Commission.
McKenzie appealed the decision as well as his charm was dismissed this week with the hearing Panel holding as follows:
“In his February 26, 2015 e-mail to the executive director the appellant specified ‘when I made the option to headbutt my opponent I broke the Unified guidelines of MMA as well as I accept the loss that I got since of it’. Nonetheless the Appellant submits that he must not be subject to suspension, or, in the alternative, must have his suspension minimized based on a number of factors…
The Appellant Camiseta SL Benfica has not demonstrated an error that has been made which needs correcting. An Appellant has not supplying any type of evidence that there has been a misapplication of the guidelines as well as regulations. The evidence that has been supplied by the Appellant has not supplied a adequate basis to amend the decision of the executive Director.
For these reasons, the compensation confirms the suspension by the executive Director. The suspension was made after seeing the infraction as well as was made in consultation with presiding ECSC officials. Sufficient grounds to minimize the suspension have not been supplied by the Appellant”
A full copy of the charm decision can be discovered right here – Cody McKenzie ECSC charm Decision. I’d like to say thanks to Mike Russell for sharing this with me.
McKenzie’s only avenue to even more difficulty the decision would be to seek judicial evaluation by the Camiseta Barcelona Alberta Court of Queen’s Bench. The suspension would be served in full before a judicial evaluation can realistically take location making this an unlikely avenue for McKenzie.
Interestingly, an analysis of Edmonton’s Combative sports Bylaw show a space which may make them prone to Judicial evaluation as well as just as the Nevada specify athletic compensation must think about legislative upgrade complying with the Wanderlei Silva affair, the ECSC must look to evaluation their bylaws addressing licence suspension.
The reason being is that the compensation suspended McKenzie’s licence after it was already expired, a treatment which may not make it through judicial challenge.
Section 6(2) of Bylaw 15594 specifies that “A Licence issued to a Contestant is only valid only forth event specified in this Licence”.
The ECSC relied on section 16 of the Bylaw to suspend McKenzie’s licence which reads “The executive director may revoke, suspend, decline to problem or renew, or imposition of conditions on any type of Licence or event permit if, in the viewpoint of the executive Director, it is in the public rate of interest to do so”.
Here is the issue– McKenzie’s Camiseta Selección de fútbol de Arabia Saudita licence expired after the event took place. The ECSC then ‘suspended’ it. You cannot revoke or suspend a licence that is no longer valid. You likewise cannot impose conditions on a licence that is already invalid. The commissions powers appear restricted to “refuse to problem or renew” a licence if McKenzie was to apply for a new one.
This is a legislative gap. The Bylaw must be changed to show this. It is a technical argument, not a sympathetic one (much like the Wanderlei Silva judicial evaluation underway in Nevada ideal now after he was punished for running from an out of competition medication test). The Bylaw is poorly written for circumstances such as this as well as amendment must be considered.
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