If you miss the command time you use struggle instead or something.
Ok, I know Monbrey said it wasn't going to be implemented, but if it ever was, then please not this. The fairest thing is for the mon to do nothing. I can just see somebody having some advantage of being able to KO their own mon in a battle instead of switching (for the next mon to KO with Retaliate, or something), so deliberately not sending and pretty much demeaning the point of the Clause.
And as far as I knew, refs didn't have 'rights' :3