Protect Yourself at All Times

by Hauser, Thomas

  Matthew Ryder of Bleacher Report added, “What it does illuminate is a degree of concern surrounding the New York State Athletic Commission and its capacity to regulate MMA to an adequate standard. It’s apparent the NYSAC is as much a kangaroo court as it is a governing body.”

  UFC agreed to promote five shows within one year in the State of New York as part of a package of quid pro quos that led to the legalization of mixed martial arts in New York. The last of these five shows will take place at the Nassau Coliseum on July 22. After that, who knows?

  The list of embarrassing—and potentially dangerous—problems that have undermined the New York State Athletic Commission in recent months goes on.

  Last year, the NYSAC made a good decision when it relieved referees of the responsibility for picking up the judges’ scorecards between rounds. That decision was made to enable the referee to more closely observe the fighters and communicate with the ring doctors during these sixty-second periods.

  Fast forward to January 14, 2017, when James DeGale and Badou Jack fought to a draw in their 168-pound title-unification bout at Barclays Center. There were several instances during the fight when DeGale lost his mouthpiece and the referee waited until long after a lull in the action to have the mouthpiece put back in. At the post-fight press conference, Jack told the media that the referee had threatened to disqualify DeGale for repeatedly losing his mouthpiece.

  But the reason DeGale kept losing his mouthpiece was that the dental bridge had been knocked out of his mouth early in the fight. He was not purposely spitting out his mouthpiece or losing it due to negligence. That being the case, the ring doctor in DeGale’s corner should have been aware of the situation and communicated the information to the referee.

  In the fifth bout on the March 17 card at Madison Square Garden, Brazilian Olympic gold medalist Robson Conceicao made short work of Aaron Hollis, stopping him in the second round. Following the stoppage, the NYSAC inspectors and ring doctor assigned to Hollis’s corner let him stand there even though he was obviously on shaky legs. It was left to an inspector in Conceicao’s corner to bring Conceicao’s stool across the ring and place it Hollis’s corner, enabling a grateful Hollis to sit.

  The lead inspector assigned to Hollis said afterward that she thought the ring doctor was supposed to put the stool in the ring if it was necessary. The ring doctor said he thought the stool was necessary if there was a knockout but not a TKO.

  Meanwhile, the New York State Athletic Commission (which is trying to justify its budget while presiding over the elimination of club fights and ruination of small promoters in New York because of ill-considered insurance requirements) is over-staffing big fights at taxpayer expense.

  Greg Sirb (executive director of the Pennsylvania State Athletic Commission) says that, for its biggest events, the Pennsylvania commission has twenty-five to thirty people on site. Bob Bennett, who oversees the Nevada commission, says that, for a big card (e.g. ten fights including three twelve-round championship fights), the NSAC has up to forty-five people on site.

  By contrast, the New York State Athletic Commission had more than sixty people on site for the January 14 (DeGale–Jack) and March 4 (Thurman–Garcia) boxing cards at Barclays Center and the March 18 (Golovkin–Jacobs) boxing card at Madison Square Garden.

  More than sixty NYSAC personnel were also assigned to work the ten-bout February 11, 2017, UFC 208 card at Barclays Center in Brooklyn.

  Were all these employees (most of whom are paid on a per diem basis) necessary? Let’s look at the numbers. Roughly twenty fewer NYSAC personnel were assigned to UFC 210 on April 8 in Buffalo.

  One might divine from these numbers that assignments are made (and taxpayer dollars are unnecessarily spent on transportation, hotel, meals and salary) so some NYSAC personnel can travel from upstate New York to New York City and have a good time. After all, if more than sixty NYSAC employees are necessary to properly regulate a ten-fight card in Brooklyn, shouldn’t the same number be necessary to properly regulate a thirteen-fight card in Buffalo?

  And by the way . . . Isn’t it time that the New York State Athletic Commission stopped wasting taxpayer dollars by “regulating” professional wrestling? In February 2017, Anthony Bazzoffi was named deputy director of upstate athletics. According to an NYSAC memorandum, Bazzoffi’s responsibilities include, among other things, “overseeing all activity regarding professional wrestling.” The NYSAC could just as appropriately regulate theatrical performances on Broadway.

  There have been several welcome additions to the New York State Athletic Commission in recent months. In that regard, newly appointed deputy commissioners Ed Kunkle and Tom Aceto come to mind.

  But Kim Sumbler, who was installed last year as MMA project coordinator, has failed to coordinate.

  Jim Leary (who developed considerable expertise in recent years while serving as counsel to the NYSAC) is moving on to another assignment.

  And the departure of Eric Bentley is a body blow to the commission. Bentley will go to work for Evander Holyfield’s new promotional company (Evander Holyfield Real Deal Promotions), where he’s expected to oversee boxing-related activity on a daily basis. Bentley was one of the few bright spots at a commission that has institutionalized mediocrity in the appointment and assignment of personnel and is laden with political appointees of limited ability who know next to nothing about the sport and business of boxing.

  How can the problems be fixed?

  It starts at the top. Under New York law, the NYSAC is supposed to be overseen by five commissioners. At present, there are three commissioners, two of whom are serving as holdover appointees pursuant to terms that have expired. This means that New York governor Andrew Cuomo has four seats to fill.

  In autumn 2016, multiple people were told that the governor would announce his choices to fill the four commissioner seats by the end of the year. Then they were told that the governor was holding the positions as bargaining chips for use in negotiating with state legislators. It’s now expected that the nominees for the commissioner positions will be named and voted upon before the state legislature adjourns at the end of June 2017.

  It’s essential that Governor Cuomo appoint qualified men and women with a history of excellence and a working knowledge of combat sports to these positions. If history is any guide, he won’t.

  Interim NYSAC chairperson Ndidi Massay (who has been serving on a per diem basis since July 2016) is said to be lobbying for the chair on a permanent fulltime basis now that the state legislature has decided to retain the six-figure salary for the position. The chaos at the commission that has accompanied Ms. Massay’s stewardship to date speaks for itself.

  Acting executive director Tony Giardina has said that he would like to leave the commission in the not-too-distant future. In replacing Giardina, the powers that be should keep in mind that administrative ability is just one prerequisite. Here too, a working knowledge of combat sports is required.

  The New York State Athletic Commission isn’t unique among government agencies in New York or elsewhere. We live in an age when not enough qualified people opt for government service. Too often, political considerations take precedence over good performance. But what’s particularly troubling here is that lives are at stake. The Keystone Cops were funny. No one will be laughing if a fighter is killed or damaged for life.

  Tragedies happen in boxing, sometimes even when everyone does their job properly. What’s happening now at the New York State Athletic Commission makes a tragedy inevitable.

  The NYSAC is Still Courting Disaster

  There will always be tragedies in boxing. That grim reality is ingrained in the nature of the sport. But lax oversight makes it more likely that a tragedy will happen.

  As the parties involved work to settle the various legal claims arising out of the horrific injuries suffered by Magomed Abdusalamov at Madison Square Garden on November 2, 2013, the New York State Athletic Commission is still playing Russian roulette with fighter safety.
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  Medical procedures and protocols have improved since the Abdusalamov tragedy. But there are still instances where the NYSAC is turning a blind eye toward the health and safety of fighters.

  On April 14, 2016, governor Andrew Cuomo’s office issued a press release heralding the return of mixed martial arts to New York. In part, the press release read, “Mixed martial arts contests will be supervised either directly by the New York State Athletic Commission or by a sanctioning entity approved by the Commission.”

  On August 31, 2016, Jim Leary (counsel for the NYSAC at that time) elaborated on this third-party supervision of MMA, saying that it would apply only to certain amateur cards. In response, promoter Lou DiBella noted, “Right now, you have a situation where some small promoters are putting on MMA shows using unknown fighters, paying them under the table, and calling them amateur shows. That way, they can get around the state insurance regulations and a whole lot more.”

  Is this situation a cause for concern? Absolutely.

  The case of Gabriella Gulfin is in point. Gulfin is listed by Tapology.com as having had five MMA fights dating back to March 14, 2015, when she was placed on indefinite medical suspension by the New Jersey State Athletic Control Board after being knocked out by a punch on an amateur MMA card in Rahway. In mid-July 2017, the Pennsylvania State Athletic Commission (which regulates both amateur and professional MMA bouts) refused to license Gulfin for an August 19 MMA card in Pennsylvania.

  “I won’t touch her unless she gets off medical suspension in New Jersey,” Greg Sirb (executive director of the Pennsylvania State Athletic Commission) told this writer.

  Here’s the problem. While on medical suspension, Gulfin has fought four times on unregulated “amateur” MMA cards in New York. These fights were contested in 2016, on July 18 and July 30 in Astoria, September 24 in Corona, and December 16 in Westbury.

  So much for the high priority that the New York State Athletic Commission places on the health and safety of fighters.

  On July 5, 2017, it was announced that NYSAC acting executive director Tony Giardina (who had served in that role since August 31, 2016) was leaving the commission to become one of three commissioners on the New York State Tax Appeals Tribunal.

  Giardina leaves a mixed legacy. To his credit, he worked to improve medical procedures and protocols at the NYSAC. But by his own admission, he knew little about combat sports. And he helped lock in a system where political considerations take priority over performance, and employees who perform in mediocre fashion are given as much responsibility (sometimes more) as employees who are competent. He had an opportunity to change the culture at the NYSAC for the better and failed to do so.

  Too many commission employees seem more concerned with moving into position to get their faces on television on fight night than in doing their job.

  MMA project coordinator Kim Sumbler has succeeded Giardina as interim executive director and is likely to be given the job on a fulltime basis. Sources say that, with Giardina’s departure, political directives are likely to be funneled to the NYSAC through Brendan Fitzgerald (first deputy secretary of state at the New York State Department of State).

  Sumbler is entitled to a grace period to show what she can do in the job. Meanwhile, the best procedures and protocols in the world are of limited value if they’re not properly implemented.

  On May 13, 2017, the NYSAC held a training seminar for inspectors that focused on handwraps and the taking of urine samples. There was a time when trainers like Emanuel Steward were brought in to lecture commission personnel on handwraps. This year, recently appointed deputy commissioner Tony Careccia did the job. Dr. Louis Rotkowitz gave the lecture on the collection of urine samples and was corrected by Dr. Angela Gagliardi when he confused a woman’s urethra with a woman’s vagina.

  More recently, on July 29, 2017, Sebastian Heiland fought Jermall Charlo at Barclays Center in Brooklyn.

  Heiland is a southpaw. That means he plants his left foot to throw punches. Shortly before the fight, a commission employee (deputy commissioner Robert Orlando) noticed that Heiland’s left knee was heavily taped, which is a violation of NYSAC rules. The matter was brought to Kim Sumbler’s attention, and the Heiland camp was ordered to remove the tape.

  In round one, Heiland’s footwork, to be polite, was “awkward.” Commentating for Showtime, Paulie Malignaggi observed, “It’s strange footwork. It’s like his legs are too straight.” In round two, Malignaggi added, “It’s almost like his knees aren’t bending at all.”

  Midway through the second stanza, Heiland’s knee gave way and he slipped. As he was falling to the canvas, Charlo landed a solid right uppercut. The punch was legal since Heiland was not yet on the canvas. Referee Benjy Esteves, who had seen the slip but apparently not the uppercut, waved off the knockdown. Then, realizing that Heiland was hurt, he picked up the count at “five.”

  Put the puzzle pieces together. The commission had reason to believe before the fight began that Heiland’s left knee was injured. He was obviously having trouble moving and planting his left foot to punch. He was being pounded around the ring like a one-legged punching bag. But Benjy Esteves, who also refereed Magomed Abdusalamov vs. Mike Perez and Arturo Gatti’s brutal beatdown Joey Gamache (two bouts that resulted in brain bleeds), let Heiland take a beating for two more rounds.

  Things were worse in round three. Showtime blow-by-blow commentator Mauro Ranallo noted, “There appears to be something wrong with [Heiland’s] left leg, although the doctors are allowing him to continue.”

  “It’s weird,” Malignaggi responded. “I don’t know if he came into the fight like this. It’s so strange. There’s something wrong with this guy’s leg.”

  “There’s no question about that,” veteran Showtime analyst Al Bernstein said.

  The fight ended in round four when Heiland was knocked down again and his knee couldn’t support his weight anymore.

  Where was the New York State Athletic Commission inspector assigned to Heiland’s dressing room when Sebastian’s knee was being illegally taped? What sort of pre-fight physicals did the NYSAC medical staff administer to Heiland at the weigh-in and in the dressing room prior to the fight? What did NYSAC commissioner Ndidi Massay, who was sitting in the first row at ringside during the fight, think she was watching?

  Suppose Heiland had suffered a subdural hematoma as a consequence of the beating he endured against Charlo? The New York State Athletic Commission would be right back where it was with Magomed Abdusalamov.

  Let’s repeat that point so no one misses it. Suppose Sebastian Heiland suffered a subdural hematoma after being pounded in the head again and again by Jermall Charlo? The result could have been a tragedy on the order of Magomed Abdusalamov.

  Meanwhile, the NYSAC is in turmoil at the commissioner level.

  Legislation enacted in April 2016 increased the number of NYSAC commissioners from three to five. However, at present, there are only three commissioners: Ndidi Massay, John Signorile, and Edwin Torres. Massay’s term runs through January 1, 2019. Torres’s term expired on January 1, 2014. Signorile’s term expired on January 1, 2015. Both Signorile and Torres have been serving on a holdover basis.

  It’s not often that more than one NYSAC commissioner attends a commission seminar or fight card in New York. Too often, there are none.

  On June 30, 2017, Michelle Nicoli-Rosales (Andrew Cuomo’s deputy director of communications for economic development) confirmed that the governor had nominated three new NYSAC commissioners subject to approval by the State Senate. The nominees are (1) Dr. Philip Stieg, a New York City neurosurgeon; (2) Dr. James Vosswinkel, an East Setauket critical care surgeon; and (3) Donald Patterson, a Buffalo resident who has been involved with amateur boxing. None of the three has extensive experience in the world of professional combat sports. Moreover, the new commissioners can’t be confirmed until the state legislature returns to Albany, most likely after January 1, 2018.

  So the New York State Athletic Commiss
ion keeps lurching along.

  The commission’s July 11 open meeting was instructive. It began with a review of revised medical protocols formulated by the NYSAC’s Medical Advisory Board under the leadership of Dr. Nitin Sethi.

  Sethi, who is widely respected within the boxing community, presented the revised protocols to the commissioners. But the protocols are in a lengthy document that hadn’t been sent to the commissioners until the previous night. It appeared as though none of the commissioners had read the revised protocols, let alone reflected on them.

  The commissioners approved the revised protocols. But the discussion that preceded their vote did little to build confidence in the commission.

  There was a discussion of whether fighters who are colorblind should be allowed to fight because, it was theorized, they might have trouble distinguishing between the red and blue corners. Sethi explained that colorblindness in and of itself should not disqualify a fighter from fighting.

  In the past, fighters with breast implants have been barred from fighting in New York. But that policy was undermined when the NYSAC bowed to pressure and reinterpreted the rule, saying it applied only to boxing, not MMA. This allowed a fighter with breast implants to compete on a UFC card in Buffalo on April 8.

  At the July 11 NYSAC meeting, it was announced that the Medical Advisory Board had determined that a ruptured breast implant is not life-threatening. Henceforth, breast implants will be allowed in all combat sports competitions in New York as long as the combatant signs a form acknowledging and accepting the risk of a rupture. In addition, there was discussion of the difference between saline and silicone breast implants (saline is safer) and how large an implant has to be in order to pose a health risk in the event of rupture.

  The commissioners also agreed to consider a suggestion that the ring doctor be allowed to interrupt a fight in the middle of a round to determine if a fighter is concussed. As John McEnroe once raged, “You cannot be serious!”