NSAC administratively rejects Alex Oliveira's appeal of no-contest vs. Tim Means at UFC 207

UFC welterweight Alex Oliveira settled some unfinished business with Tim Means in the cage this past Saturday at UFC Fight Night 106. But he has been denied a victory in their first ill-fated meeting.

The Nevada State Athletic Commission has upheld the “no decision” resulting from an illegal knee Means (26-8-1 MMA, 8-5 UFC) landed on Oliveira at UFC 207, ruling Oliveira (17-3-1 MMA, 6-2 UFC) didn’t provide “adequate grounds” for a reversal.

“The contest decision will stand and the matter will not be presented to the commission for hearing,” wrote NSAC Executive Director Bob Bennett in a letter to Oliveira’s longtime manager Alex Davis, which was obtained today by MMAjunkie. The letter can be read here.

The first fight was called off in the first round after Oliveira was unable to recover from the knee. Oliveira submitted Means in the second round of a rematch this past Saturday in Brazil.

Davis argued Oliveira should get the win at UFC 207 after Means admitted to intentionally throwing the knee, incorrectly believing the Brazilian wasn’t a downed opponent according to the new unified rules. The rules, approved this past August, clarify that a fighter is not grounded with two feet on the canvas and a single hand. To be considered grounded, a fighter needs to have both hands – or a palm and fist – and feet on the mat.

The new rules, however, weren’t in effect at the time of the fight, and Oliveira still was a downed opponent because he was on one knee.

Davis claimed referee Dan Miragliotta was prevented from reviewing the blow that ended the fight and the no decision was prematurely declared. He appealed the decision in January, but waited two months for a response.

According to NSAC statutes, the result of a bout can only be overturned if there was collusion, a scoring error, or the referee incorrectly interpreted the rules. Davis’ appeal hinged on the last of those clauses, because if Miragliotta had ruled Means’ knee intentional, he would have been disqualified, which meant Oliveira would have won and received his win bonus for the fight.

Bennett, however, argued that despite Means’ admission, referee Miragliotta ruled the illegal knee was an “accidental, rather than intentional” foul, “because Means misunderstood the rules for a grounded opponent and believed that his knee strikes were legal once Oliveira lifted his hands off of the mat,” wrote Bennett.

“The determination of whether a foul is accidental or intentional falls to the referee who is the sole arbiter of the contest,” Bennett continued. “Referee Miragliotta subsequently determined that Means’ accidental foul caused an injury to Oliveira that prevented Oliveira from continuing in the contest. Based upon his findings and the requirements of NAC 467.7966(2)(a), referee Miragliotta correctly ruled the contest a ‘no decision.'”

Davis provided a statement to MMAjunkie on the decision.

“I’d like to praise Tim Means for admitting his own error and pointing out that we all have to follow the rules, and he accepts responsibility,” the manager said. “Second, I’d like to state that the NSAC is in error on this, because even what they’re saying in their response is not reflective of the truth.

“We, the athletes, the managers, everybody on this side of the fence, have to follow the rules, and the commission has to follow the rules. To make an error is human. But when the commission makes an error, nobody is obliging them to admit their mistake.”

Davis said he is unlikely to petition a higher court to review the NSAC’s administrative decision, as former UFC fighter Wanderlei Silva and current UFC lightweight champ Conor McGregor have done after unfavorable outcomes.

For complete coverage of UFC 207 and UFC Fight Night 106, check out the UFC Events section of the site.