February29,2016

MassachusettsStateAthleticCommission
50MapleStreet,Suite1
Milford,MA01757

Re:MattMitrionevs.TravisBrowne,UFCUFN81

Please allow this complaint to serve as Matt Mitriones protest and appeal of the decision awarding
TravisBrowneaTKOvictoryonthemaincardheavyweightboutatUFCUFN81.Theeventtookplace
onJanuary17th,2016attheTDGardeninBoston,Massachusetts.Belowisalinktothefullfightvideo
andaudio.
[VIDEOLINKINCLUDEDHERE]

Round1andFirstFoul
523CMR16.05:ActsConstitutingFouls
Thefollowingactsconstitutefoulsinacontestorexhibitionofmixedmartialarts:
(2)Eyegougingofanykind.
UnifiedRule15A:Thefollowingactsconstitutefouls
(2)Eyegougingofanykind
At4:49ofRound1,TravisBrowne(Browne)fouledMattMitrione(Mitrione)withaneyegougeto
the right eye. Immediately following the eye gouge inflicted on Mitrione, Referee Gary Forman (the
Referee) called a timeout as he is mandated to do per 15E(i) of the Unified Rules If a foul is
committedtherefereeshallcalltimeout.
UnifiedRules15E(ii)mandatesthatafterafouloccursandtimeoutiscalledthatTherefereeshallorder
theoffendingcontestanttoaneutralcorner.
TheRefereecommittedanerrorsubsequenttocallingtimeoutwhenhefailedtoaddressBrowneand
directhimintoaneutralcorner.Thirtyfivesecondsintothefoultimeout,theRefereeaddressedthe
injuredMitrione(whowasattemptingtorecoverfromtheinflictedeyegougefoul)andinstructshim,
You have to get out of your corner. The Referee never addresses Browne during the timeout and
failed to direct him into a neutral corner. Browne, the offending contestant, thus gained an unfair
advantage from his illegal blow by having the improper opportunity to receive coaching in his corner
duringthetimeout.

523CMR15E(iv)statestherefereeshallthenassessthefoultotheoffendingcontestantandnotify
thecommission,thecorners,theofficialscorekeeperofhisdecisiononwhetherthefoulwasaccidental
orintentional.
Unified Rule 15H(i) States Immediately after separating the unarmed combatants the referee shall
informthecommissionsrepresentativeofhisdeterminationthatthefoulwasaccidental
TheRefereecommittedanerrorbyfailingtoassessthefoul,byfailingtoassertwhetherthefoulwas
accidentalorintentionalasrequiredundertheUnifiedRulesandbyfailingtonotifythecorners.There
isafinelinebetweenaccidentalandintentional.Intentionalconductcanbeinstinctiveorafunctionof
tactics employed, and need not be obviously malicious to be intentional. At the time Mitrione was
fouledbyBrownesfirstillegalblow,Brownewasattemptingtodefendhimselffromacombinationof
fairblowsbyMitrione.MitrionewasabouttostrikeBrownewithanundefendedrighthooktothehead
followingastraightleftlead.AsaresultofBrownespositioninreactiontoMitrionesfaircombination
of strikes, Browne was able to defend being struck by Mitriones legal attack only by employing the
illegalblow.Accordingly,thefoulshouldhavebeenjudgedintentionalandBrowneshouldhavebeen
disqualified.

Round2and2ndFOUL
At4:28ofRound2,BrowneagainfouledMitrionewithasecondeyegougetorighteye(thesameeye
thatwasinjuredviathefirstfoul).Atthatpoint,Browneshouldhavebeendisqualifiedunder15(B)of
theUnifiedRules.UnifiedRule15(B):Disqualificationmayoccurafteranycombinationoffoulsorafter
a flagrant foul. MerriamWebster defines flagrant as conspicuously offensive <flagrant errors>;
especially:soobviouslyinconsistentwithwhatisrightorproperastoappeartobeafloutingoflawor
morality.TheillegaleyegougefromBrowneslefthandtoMitrionesrighteyewasthesamefoulthat
occurredinRound1(whichbyruleshouldhavebeenassessedtoBrowne).Thesecondillegalblowfrom
Browne,whichoccurredwithintheRefereesdirectlineofsight,injuredMitrioneandcompoundedthe
injuryMitrioneincurredasaresultoftheBrownesfirstillegalblow.Inaddition,justaswasthecase
with the first illegal blow, Browne again effectively used the eye gouge to blunt a fair attack from
Mitrione. The illegal blow resulted specifically from Brownes willful defensive tactics, which he used
repetitivelyasalastlineofdefenseagainstthelefthandedMitrione.Brownessecondeyegougefoul
to Mitriones right eye was flagrant and blatant. This time Browne again defended himself from the
exact same straight leftright hook combination by employing essentially the same manner of illegal
blowtodefend,foulandincapacitateMitrione.Itwasobvioustoallinthearenaandallwatchingthe
FoxnationalbroadcastthatMitrionehadbeenfouled,andthathewasinjuredandincapacitatedbythe
foul.ItisanobjectivefactthatBrowneseyegougecompromisedMitrionesvision,hisabilitytodefend
himself and seriously jeopardized Mitriones chance of winning (see 523CMR 16.07(1) & Unified Rule
15H(i)).TheRefereecommittedaninexplicableerrorbyfailingtocalltimeout,byfailingtoassessthe
foul from the second illegal blow at the earliest opportunity, and by failing to disqualify Browne.
Brownethensoughttoexploithisillegalblow(andtheRefereescompoundingerrors)bypressingthe
fight harder and by attempting to finish the fight while Mitrione was injured from the foul and
attemptingtorecover.

523CMR15E(i)statesIfafouliscommittedtherefereeshallcalltimeout.523CMR16.06(iii)states
TheRefereeshall,assoonasispracticalafterthefoul,notifythejudgesandbothunarmedcombatants
At 3:58 of Round 2 (as Mitrione struggled to recover from the second foul) the Referee instructed
BrowneTravis,youhavetowatchyourfingersbud.TheReferee,byhiswarningtoBrowne,thereby
acknowledgedthathehadwitnessedthe second illegal eye gouge foultoMitrionesrighteye,which
had occurred more than half a minute prior to time being called. It is fundamental that a referee is
requiredtostopafightorcalltimeoutafterwitnessingafoul.Arefereedoesnothavediscretionto
choosewhichfoulstoassessorwhentoassessthem.Similarly,arefereedoesnothavediscretionto
make up new rules that are not embodied in either the Unified Rules or 523 CMR. Accordingly, the
Refereeeitherwillfullydisregardedtherulesorwasignorantastohisbasicduties.
Pleasenotewellthatat10:58oftheVideo,andimmediatelybeforeimproperlyrestartingthefightin
thesecondround,RefereeFormanadmonishedMitrioneYouvegottobecarefulaboutjumpinginto
hisfingers.
Section 14 C of the Unified Rules directs judges to evaluate the contest based, in part, on effective
aggressivenessUnifiedRules14Hdefineseffectiveaggressivenessasmovingforwardandlandinga
legalstrike.
Mitrionewasfouled,injuredandincapacitatedtwicebyeyegougesBrowneemployedtodefendsimilar
fairattacksbyMitrione.ItisanaffronttotherulesthattheRefereewouldinstructafouledcombatant
nottomoveforwardinanattempttolandlegalstrikes.ThisoutrageousinstructionbytheRefereeonce
again demonstrated either a complete lack of knowledge or, alternatively, a willful disregard for the
rules. On information and belief, after the fight Referee Forman went so far as to post on his social
media that Mitrione asked for it by jumping in aggressively towards Browne. Forman subsequently
removedthatsocialmediapostspecificallyanderasedmuchofhisothersocialmedia,aswell.
RefereeFormanknowinglyendangeredMitrione,afouledcombatant,byimproperlyforcinghimtofight
for an additional 33 seconds while obviously injured and compromised. At 3:55 of the second round
MitrioneunambiguouslytoldtheRefereethatBrownessecondeyegougefoulhadinflictedinjuryand
thathecouldnotcontinuethecontestwithoutseriouslyjeopardizingbothhissafetyandhischanceto
win.MitrionetoldtheReferee,Icantfuckingsee,Imseeingdouble,bud.
TheRefereestoppedthecontest.Thereisnoauthorityintherulesthatallowsarefereetocalltimeout
undersuchcircumstances.
523CMR16.07:Fouls:Accidental
(1)Ifacontestorexhibitionofmixedmartialartsisstoppedbecauseofanaccidentalfoul,thereferee
shall determine whether the unarmed combatant who has been fouled can continue or not. If the
unarmedcombatantschanceofwinninghasnotbeenseriouslyjeopardizedasaresultofthefoul

(2)Iftherefereedeterminesthatacontestorexhibitionofmixedmartialartsmaynotcontinuebecause
ofaninjurysufferedastheresultofanaccidentalfoul,thecontestorexhibitionmustbedeclaredano
decisionifthefouloccursduring:
(a)Thefirsttworoundsofacontestorexhibitionthatisscheduledforthreeroundsorless;

UnifiedRulesection16
16B If an injury sustained during competition as a result of an intentional foul, as determined by the
referee, is severe enough to terminate a bout, the contestant causing the injury loses by
disqualification.
16CIfaninjuryissustainedduringcompetitionasaresultofanintentionalfoul,asdeterminedbythe
referee, and the bout is allowed to continue, the referee shall notify the scorekeeper to automatically
deducttwopointsfromthecontestantwhocommittedthefoul.
16D If an injury sustained during competition as a result of an intentional foul, as determined by the
referee,causestheinjuredcontestanttobeunabletocontinueatasubsequentpointinthecontest,the
injuredcontestantshallwinbytechnicaldecision,ifheorsheisaheadonthescorecards.Iftheinjured
contestantisevenorbehindonthescorecardsatthetimeofstoppage,theoutcomeoftheboutshallbe
declaredatechnicaldraw
Accordingly, whether Browne injured Mitrione by accidental or intentional foul, when the referee
stoppedthefightat3:55ofRound2thecontestshouldhavebeenoverbyrule.TheRefereesonly
options were immediately calling nocontest, disqualifying Browne for the two (intentional) fouls, or
declaringaTKO,submissionortap.
The Referee again acted outside the rules when he ordered the contest restarted. The fight was
already over by rule and the Referee had no authority to restart the fight after the second round
stoppage.Accordingly,Round3didnotoccurduringproperlysanctionedcompetition.Round3thus
becameanexhibition(ofincompetence)andnotacompetitionasprovidedbytherules.
Notwithstanding that the fight should have been ended at 3:55 of Round 2, the Referee improperly
calledtimeoutsideofhis authorityanddid notendthe contest. Thereisnorulethat empowersthe
refereetostopafightabsentafoul,TKOorsubmission. Thiswasnotatimeoutrelated toafighter
safety issue such as replacement of a mouthpiece or mending a hand wrap or other intervening
circumstance that could potentially injure a combatant. See Unified Rules 7(C) which states If the
mouthpiece is involuntarily dislodged during competition, the referee shall call time, clean the
mouthpiece, and reinsert the mouthpiece at the first opportune moment without interfering with the
immediateaction.
PerUnifiedRules15E(ii)afterafouloccursandtimeoutiscalledTherefereeshallordertheoffending
contestanttoaneutralcorner.
GiventhattheReferee(improperly)calledatimeoutat3:55ofRound2,hewasobligatedtoorderthe
offendingopponent,Browne,toaneutralcornerafterhecalledtimeout.Onceagain,therefereefailed
todirectBrownetoaneutralcorner,andonceagainBrownehadaccesstohiscornerandcoaches.

IfMitrionewasnotfouled,onwhatauthoritydidtheRefereecalltimeandbywhatauthoritywasthe
ringside doctor consulted? If Mitrione was fouled then why did Referee Forman not call time
contemporaneous with the foul and assess the foul as soon as is practical as required by 523 CMR
16.06(3).Iftherewasnofoul,theRefereehadnoauthoritytocalltimeoutinthemannerinwhichhe
did.Iftherewasafoul,theRefereewasrequiredtocalltimeandproperlyassessthefoulatthetimeit
wascommitted.Inthepresent case,RefereeFormandid neither.Accordingly,the Referees actions
wereoutsideofanypossibleinterpretationoftherules.
UnifiedRule15H(ii)Ifafighterisfouledbyblowthattherefereedeemsillegal,therefereeshouldstop
theactionandcallfortime.Therefereemaytaketheinjuredfightertotheringsidedoctorandhavethe
ringsidedoctorexaminethefighterastotheirabilitytocontinueoninthecontest.Theringsidedoctor
hasupto5minutestomaketheirdetermination.Iftheringsidedoctordeterminesthatthefightercan
continueinthecontest,therefereeshallassoonaspracticalrestartthefight.Unlikethelowblowfoul
rule,thefighterdoesnothaveupto5minutesoftimetouse,attheirdiscretion,andmustcontinuethe
fightwheninstructedtobythereferee.
During the Round 2 (foul?) timeout at 9:09 of the video, Mitrione tells the ringside doctor, I cant
fuckingsee.Theringsidedoctoraudiblyproclaims,Hecantseenow.
523CMR 7.01 It is a paramount duty of the Commission and its licensees, the Ringside Doctors and
Referee,toacknowledgethediversehealthandsafetyissuessurroundingunarmedcombativesports
[andto]enhancethesafetyofallparticipants
Once the Referee makes the decision to take the injured fighter to the Ringside Doctor, ONLY the
RingsideDoctorcandetermineifthefightercancontinue.See15H(ii),above.
If the Ringside Doctor determines the combatant cant see then the combatant MUST NOT BE
ALLOWED TO CONTINUE as it is clearly impossible for a fouled combatant injured in this manner to
defend himself safely. Moreover, if an injured combatant cannot see then it is axiomatic that the
combatantschanceofwinninghasbeenseriouslyjeopardizedasaresultofthefoul.Itisimpossible
andthereforeimpropererrorforalicenseetoreachanyotherconclusion.15H(i)statesIfacontestof
mixed martial arts is stopped because of an accidental foul, the referee shall determine whether the
unarmed combatant who has been fouled can continue or not. If the unarmed combatant's chance of
winning has not been seriously jeopardized as a result of the foul and if the foul did not involve a
concussiveimpacttotheheadoftheunarmedcombatantwhohasbeenfouled,therefereemayorder
the contest or exhibition continued after a recuperative interval of not more than 5 minutes.
Immediately after separating the unarmed combatants, the referee shall inform the Commission's
representativeofhisdeterminationthatthefoulwasaccidental.
Uponinformationandbelief,theRefereedidnotproperlyassessthefoulanddidnotproperlyapprise
theCommissionrepresentative,thecombatantsorthecornersofhisdeterminationregardingthefoul.

Round3
WereassertthatRound3wasnotalegalroundandthattheentireroundwastaintedandoutsideof
thesanctionedcompetition.Notwithstandingthatassertion,RefereeFormancommittedfurthererror
bynotstoppingthecontestinRound3pursuantto523CMR16.07(4).
523CMR16.07(4)Ifaninjuryinflictedbyanaccidentalfoullaterbecomesaggravatedbyfairblowsand
the referee orders the contest or exhibition stopped because of the injury, the outcome must be
determinedbyscoringthecompletedroundsandtheroundduringwhichtherefereestopsthecontestor
exhibition.
ItisclearthatBrownesfoulsofMitrionewereaggravatedinRound3andthatthecontestshouldhave
been halted. It is hard to fathom how anyone, especially the Referee, could not see that Mitriones
twicefouled right eye was sustaining grotesque damage. In fact Referee Formans negligence and
dereliction of his duty resulted in Mitriones suffering serious injuries to his eye (and shoulder)
requiringsurgery.Mitrionesinjuriesincludedablowoutfractureofhisrightorbitalbone.Belowisa
photoofhowMitrioneappearedduringRound3.


LicensingandConflictofInterest
WerespectfullyassertthattheMassachusettsStateCommissioncommittederrorbygrantingFormana
licenseasaReferee,byrenewingFormanslicensethathehadonlyrecentlyrelinquishedtobecomea
LicensedMatchmakerorPromoter,andbyassigningForman,arefereewithlimitedexperience(anda
history of controversy) to referee a contest at the sports highest level in the states largest indoor
arena. Formans assignment to the main card UFC heavyweight contest between world ranked
combatantsistantamounttoassigningalittleleagueumpiretohomeplateforaRedSoxplayoffgame
at Fenway Park or assigning a high school referee to protect Tom Brady in an NFL game at Gillette
Stadium. Simply put, Forman had not demonstrated the competence, experience or temperament
necessary to be given such a crucial responsibility. In no other professional sport is an inexperienced
and nonvetted official (with a dubious track record) elevated to oversee a contest at the highest
professionallevel.ItwasforeseeablethatFormanwouldcommiterrorsandpotentiallyriskthesafety
ofthecombatants.Infact,thisiswhatoccurred.523CMR6.10statesthattoqualifyforalicenseasa
referee the applicant must demonstrate they possess the background and experience necessary to
performthefunctionsoftheirpositionandthattheyhavedemonstratedatrackrecordofcompetent
work..

523 CMR 6.10 To qualify for a license as a referee, judge, timekeeper, or ringside physician, a
person must submit an application on a form provided by the Commission demonstrating the
following:
(1) They possess the background and experience necessary to perform the functions of the respective
position; and
(2) (for judges and referees only) They are either certified to perform their respective duty by either
the Commission or other organization approved by the Commission, or that they hold the same
license in good standing in another jurisdiction and have a demonstrated track record of competent
work;

Prior to UFC Fight Night 81, Forman had served as a referee in 3 shows and 9 contests over the
previous6years:

BFCBellatorFightingChampionships17
May6,2010GaryForman3fights,2,6&8

TitanFC32TitanFightingChampionship32
Dec19,2014GaryForman4fights2,4,6&7

UFCFightNight59McGregorvs.Siver
Jan18,2015GaryForman2fights2&5

AtUFCUFN81RefereeFormanconclusivelydemonstratedthathedidnotpossessthebackgroundand
experience required to be licensed as a referee under 523CMR 6.1. We respectfully note that the
CommissionwasputonwrittennoticeandmadeawareofFormansappearanceofconflict.
In addition, the Commission was put on written notice of alleged deficiencies and errors in Formans
previousworkasarefereeinMassachusetts.TheCommissionacknowledgedreceiptofandresponded
to a letter that set forth several concerns regarding Formans competence. Unfortunately, the
Commission erred in overlooking those concerns as Forman emphatically demonstrated his utter and
completelackofcompetenceatUFCUFN81.
http://www.massmma.com/2015/01/14/anopenlettertothemassstateathleticcommission/
ManyweresurprisedthatRefereeFormanwasassignedtheprofessionalMMAboutbetweenMitrione
andBrowne,andfewweresurprisedwhenhelostcontrolofthefightviaaseriesofimproperrulings
inconsistent with or outside of the rules. Tragically, Mitrione was badly injured as a direct result of
licenseeFormansnegligenceandincompetence.

TheabovechartistheConflictofInterestGridpublishedbytheMSAConitswebsite.

The following is an excerpt from Paragraph 6 Approve Applications of the published Minutes of the
February11,2014meetingoftheMassachusettsStateAthleticCommission:

6. Approve Applications:
Motion to approve Linda Shields-Forman, April 12, 2014 event application for a pro/am
MMA event was made by Commissioner Krowski Jr, seconded by Commissioner
Litchfield.
Motion passed by unanimous vote.
Motion to approve Linda Shields-Forman, April 18, 2014 event application for a pro/am
boxing event was made by Commissioner Krowski Jr, seconded by Commissioner
Litchfield. Motion passed by unanimous vote.

Motion to approve Linda Shields-Forman Boxing/MMA Matchmaker application was

made by Commissioner Krowski Jr, seconded by Commissioner Licciardi. Motion
passed by unanimous vote.
Motion to approve Gary Forman MMA Referee application was made by Commissioner
Krowski Jr, seconded by Commissioner Litchfield. Motion passed by unanimous vote.
Commissioner Licciardi stated that Gary Forman will no longer be a match maker.

WeassertthattheCommissionerredininterpretingandimplementingitsownrulesbygrantingShields
Forman a license to promote and a license to be a Matchmaker, while simultaneously approving
Formans reinstatement as a Referee. We believe that Formans claim that he would no longer be a
Matchmaker was false and that he continued all his previous activities utilizing his wife as a proxy.
Alternatively, this coordinated arrangement between Forman with ShieldsForman at a minimum
violates the spirit (and letter) of the MSAC Conflict of Interest guidelines, gives a clear appearance of
conflictandimpropriety,andthusshouldhavebeendisallowedbytheCommission.
InFACT,RefereeFormanusedhisplatformasastatelicensedrefereeatthenationallybroadcastUFC
eventtopromotethefightpromotionownedbyFormanandShieldsForman. PleasenotethatReferee
FormanusedhisTwitteraccountat7:02PMonJanuary17th,wellafterthestartoftheUFCFightNight
81, to promote and advertise CageFX which is the fight promotion he and his wife (Linda Shields
Forman) produce together. This advertisement, which was delivered to more than 17,000 people,
sought to capitalize on Formans participation as a referee in the UFC event by directing people to a
websitepromotingtheshowsproducedbyFormanandhiswife.
https://twitter.com/cagefx/status/688919455229964288

WealsofinditunusualthatRefereeFormanbeganfollowingbothBrowneandMitrionessocialmedia
onJanuary17,2016.Woulditbeproperforacircuitcourtjudgetosendafriendrequesttoalawyer
thatwastoappearbeforehimlaterthatday?IsthissimilaractionbyFormanconsistentwithbeingan
unbiasedreferee?ThesequestionableactionsbyFormanonlyservetoreinforcewhytheCMRconflict
rulesareinplaceandwhyitwasanerrorthattheyweredisregardedinthiscase.

Accordingly,inlightofmultipleandcompoundingerrorscommittedbytheRefereeandotherlicensees
andofficials,itisimpossibletoconcludethattheMMAcontestbetweenMitrioneandBrowneatUFC
UFN 81 was conducted fairly. We hereby appeal the decision of this contest and request that the
Commission overturn the decision and declare Mitrione the winner by disqualifying Browne.
Alternatively,theboutmustbedeclaredanocontest.
WealsourgetheCommissiontoprotecttheintegrityoffutureMMAeventsanduseitsbesteffortsto
ensurefightersafetybydiscipliningRefereeFormanpursuanttoCMR20.03

CMR 20.03 The Commission may suspend or revoke the license of, otherwise discipline or take any
combination of such actions against a licensee who has, in the judgment of the Commission:
(5) Conducted themselves at any time or place in a manner which is deemed by the Commission to
reflect discredit to unarmed combat;
(7) Failed to execute the duties of their position in a skillful, professional manner generally expected
of an individual holding that position.

Respectfullysubmitted,
MatthewMitrione,LicensedCombatant