Ah well, after doing some math [s]checking every possibility[/s] it turns out that in the 4 outcomes from a level 2 pokemon using 6 EP on the first turn the defender wins 2 and ties 1 and loses 1. After another look [s]spending way to much time calculating possibilities[/s] I'm not entirely sure I like it still but I'm not gonna say it's inherently flawed until I do something a bit less lazy and actually work it out every outcome, plus I haven't figured out how stratgey changes at higher levels. Which I'm actually avoiding kind of because its getting into hardcore metagaming but I also don't like losing. Very conflict. Though it is a bit disheartening to know that there's no way to beat someone higher level than you with equal elements, but somewhat reasonable.

Also relavant question. 1 hp. Can use struggle? 2hp. Can use struggle and deal dmg but still self KO, opening up room for ties?