New UFC background checks ask fighters for criminal history, release of medical records

It appears the UFC is trying to avoid future surprises with fighters’ pasts.

A questionnaire circulated this past week to managers asks UFC contractees to release personal information for background checks, according to a copy of the document obtained by MMAjunkie. Fighters are asked to detail their medical history, as well as educational and criminal backgrounds.

Notably, they are also asked to waive doctor/patient confidentiality, which would allow them to discuss any potential medical issues directly with healthcare providers.

Both new and existing fighters are required to fill out the questionnaire, according to multiple managers, who spoke on the condition of anonymity because they were not allowed to discuss the UFC’s internal policies.

“Zuffa LLC requires its contracted fighters to act in a legal and responsible manner and avoid conduct detrimental to the integrity of the UFC organization,” wrote Michael Mersch, UFC senior vice president of business and legal Affairs and assistant general counsel, in a letter attached to the document. “As the UFC’s highest profile independent contractors and as ambassadors of the sport of mixed martial arts, UFC fighters are held to a high standard by Zuffa, the media and the public.

“It is important for Zuffa to be fully informed of your background in order to evaluate and potentially assist on matter that may be detrimental to the integrity of the UFC organization.”

A UFC representative told MMAjunkie the information covered in the document has been collected by the promotion for several years, but the new form simply consolidates the permissions into a single location.

Zuffa, which owns the UFC, has been caught unaware on several occasions when fighters’ unsavory pasts were revealed. In March 2012, Strikeforce fighter Brandon Saling’s alleged neo-Nazi ties were revealed during an event, which led to an investigation that stripped him of fight licenses in multiple states.

This past fall, German welterweight Benjamin Brinsa was released by the company after alleged neo-Nazi ties surfaced. And just just two months ago, featherweight Will Chope was released prior to his second UFC fight when a report detailed his discharge from the Air Force due to domestic violence.

Following Chope’s release, MMAjunkie made multiple inquiries to UFC executives about the promotion’s background-check policy. In one response, a UFC executive stated the promotion was “discussing the situation and reviewing our procedures internally.” No formal changes were announced, however.

While potential contestants on “The Ultimate Fighter” reality series are thoroughly screened, it’s unknown whether the same safeguards exist for rank-and-file fighters. The UFC does, however, require medical information – eye exams, blood tests and MRI/CAT Scan results, for example – and routes it to state athletic commissions prior to events.

Standard practice for independent contractors

The managers MMAjunkie spoke to expressed reservations about the amount of information requested by the promotion, but one labor expert who reviewed the questionnaire said they are standard practice when independent contractors are employed. In the UFC’s case, the promotion also hedges against future embarrassments and could discourage misbehavior while under contract.

“Companies ask independent contractors to sign all sorts of documents regarding their backgrounds, waivers of liability, (and) background checks, which is certainly very common for many firms,” said Warren Zola, a professor of sports law at Boston College. “You’re asking an independent contractor who is going to perform a physical task to provide medical information and to waive background checks. It’s certainly more than many employers would ask, but it’s certainly not illegal.

“If I were going to become a public figure of some kind, I would have the same level of background check,” he added. “If I had misled or lied about my background, it would reflect negatively upon my new employer, even if I was an independent contractor. I would expect them to a) ask the questions, and b) terminate me if there was something in there.”

UFC officials did not respond to MMAjunkie when asked if any competitors have declined to complete the questionnaire, but Zola said that fighters’ non-employee status means any resistance to the inquiry could be stratified by star power.

“That’s the beauty for their league,” he said. “If you want to get paid a lot money to fight, this is the way to do it. They have close to a monopoly in doing this, and you can either abide by this private association’s request for information or not, and sign these waivers and give up these rights that maybe others wouldn’t. But the flip side is, you’re now using this industry to pay you a lot of money in a way that no one else would.

“I think it depends on the individual’s leverage, and that’s why I think a union would be helpful, because a union could advocate on behalf of everybody to ensure that everyone has the same rights and they negotiate the items they think are reasonable versus those that aren’t. But since there is no union, the UFC can do this on an individual basis.

“An individual who is a top-ranked fighter who gets a ton of money, that individual might have enough leverage to say, ‘I’m not consenting to X, Y or Z stipulation.’ Whereas somebody who’s looking to get paid whatever the minimum appearance fee is, well, if you don’t sign this, you have no leverage. You will not get paid to do this, and we can replace you with virtually anybody and the public won’t care or notice.”

‘They can sort of do whatever they want’

In Chope’s case, the fighter’s transgression took place five years prior to signing with the UFC and was not pursued in civil or criminal court following his military conviction and discharge. After a media frenzy and ensuing release from the industry-leader, Chope appeared with his ex-wife in a video and asked for a second chance, saying he had avoided any trouble with the law for the past five years.

The UFC has made it clear that situations involving fighters and domestic violence are viewed in the harshest light, but the standards for enforcement are unclear and likely to remain so despite the implementation of a code of conduct. UFC President Dana White has said the promotion evaluates problems on a case-by-case basis.

A fighter who feels he’s been wrongly terminated has little recourse but to seek an audience with the promotion. But in an age when the UFC is trying to solidify and expand its reach, protecting the brand is sure to lead the conversation.

“A private association has their own constitution, bylaws and rules,” Zola said. “They can apply or impose whatever they think those rules are, and there is no claim for due process because they’re not a state actor, and as long as they’re following their own rules, they can sort of do whatever they want.

“This fighter can either abide by them or not, but they can’t really contest them, if you will.”

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