While the majority of MMA enthusiasts seem to have found Silva guilty of PED use already, this likely admission will remove any sliver of doubt there may have been. It also crushed the hopes of the few who were in denial, hoping the whole thing was some sort of test mix-up.
As it was become more and more obvious that Silva was not going to get cleared of PED use, his strategy has shifted from continuing denial to one of mitigation. As Silva realized he was going to be punished, almost assuredly with both a fine and suspension, the goal is now to reduce the amount of money and time that he's going to be out.
The Nevada Administrative Code sets the rules for disciplinary proceedings. Unless he's obtained a waiver of appearance, Silva is going to have to be there. What is going to be conducted is a mini "trial", so to speak. The case will be presented against Silva, and he will have an opportunity to present and argue his defense.
Silva's arguments to mitigate the punishment due to PED use is that he was using it to recover, and that the amounts in his system did not provide a competitive advantage against Diaz. Before we go any farther, we have to remember that THE USE OF STEROIDS IS BANNED IN MMA. Regardless of Silva's reasons for using them, he shouldn't have been using them. The plan here is to appeal for mercy from the Nevada Athletic Commission.
Silva's denials are likely to be used against him in this situation. The NAC did not like Wanderlei Silva running away from a drug test, and they aren't going to care for Anderson Silva lying about his use after being caught. Particularly troubling is the fact that he tested positive in-competition for PEDs. It becomes significantly harder to argue that he was using PEDs to recover from a broken leg when he was taking them right up to shortly before fight night.
As far as Oxazepam and Temazepam found in his system, Silva's contention that he was taking it to deal with back spasms and pain aren't going to matter. Yes, they are perfectly legal drugs, and no, they are not banned out-of-competition. The NAC still has strict rules that you must disclose the (legal) drugs you are taking out-of-competition. Silva didn't, and his reasons for using the drugs aren't relevant.
If I had to guess I'd say Silva will get suspended at least nine months, and will be fined $100,000 or more. The maximum fine allowed by the NAC is $250,000. Given the amount of money Silva made at UFC 183, I expect the amount to be somewhat hefty. That said, coming clean, and making some excuses, will likely lessen the punishment to an extent.
While this handout outlines what many already know about weight cutting, don't expect anything to change because of this alone. Being bigger in the cage is perceived as a competitive advantage. Competitive advantages lead to wins. Wins lead to more money in a profession that doesn't have a particularly long shelf life. Professional athletes push themselves to extremes that the rest of us can't comprehend. Weight cutting, while unpleasant, is just another assumed risk in fighting, much like getting hit in the face or choked out.
Until the athletic commissions or fighting organizations set up some strict weight cutting guidelines, the practice is still going to be utilized the way that it currently is. Commissions have been hesitant to set any kind of hard rules, as the logistics, enforcement, and monitoring are going to be extremely difficult. There's also the much more visible and vilified issue of PEDs that still needs to be ironed out. Given the long history of cutting weight in both boxing and MMA, it would be a surprise if something is done in the near future, or if ever.
Aldo's contention that the rankings serve no purpose isn't without some validity. The fights that are made don't often adhere to the rankings. In many cases, the higher ranked fighter can be leapfrogged by a lower one for a title shot.
The reasons for this are pretty simple. The UFC is not nearly as established as the larger sporting organizations in the US like the NFL and NBA. While the NBA may dread seeing the small-market San Antonio Spurs make it to the NBA Finals, the lower TV ratings isn't going to put them in any type of financial danger. The UFC has great financial resources; the sport is still growing and fighting for a fan base. This creates a very "strike while the iron is hot" mentality that leads to more popular fighters getting bumped in front of more deserving ones.
Aldo's not exactly correct that the rankings serve no purposes whatsoever, though. Although subjective, the rankings attempt to provide some sort of apparently objective criteria by which to view a fighter's standing in their division. There's merit here, both for the sheer entertainment value as well as providing a somewhat general idea of who should be fighting whom. The UFC has also grabbed the fighters' attention with the rankings by tying some of their new uniform endorsement compensation to it. While this may seem unfair due to the subjective nature of how these rankings are obtained (media polling), it's hardly without precedent. The NCAA has been using polls to rank college teams with varying degrees of success for years.
This fight will be an amusing sideshow spectacle, which is really no different than what it was going to be in 2008. What has changed over the last seven years is that the fighters are seven years older. Shamrock was old (for an MMA fighter) in 2008, and at 51 now, he's well past his physical prime. Slice is no spring chicken either, as he's recently turned 41. Many athletic commissions require additional testing for fighters who want to compete over the age of 40. Fighting is a dangerous proposition for anyone, and the danger grows as one ages. Additional testing of individuals trying to gain fighting licenses at a more advanced age is just a safeguard to avoid potential liability for a commission/organization, and a way to help protect fighters from themselves.
Michael Bane is an attorney and MMA enthusiast working out of Chicago, Illinois.
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