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Cornwell sounds off on release of Scouting Combine drug tests

Though most of his time of late has been devoted to cleaning up the legal mess created by a five-foot bathroom in a Milledgeville, Georgia nightclub, sports lawyer and NFLPA Executive Director finalist David Cornwell has noticed that the positive drug tests from the Scouting Combine have been leaked to the media.

And Cornwell doesn’t like it.

“It is outrageous that nobody is outraged that Combine drug test results were leaked again his year,” Cornwell said via e-mail.  “It is almost cruel that [Georgia Tech running back] Jonathan Dwyer has to endure public discussion about private medical information.  This is not a case where there are multiple, potential sources for the leak. The Combine drug test results are released to NFL teams only.  Therefore, it is beyond reasonable doubt that the results were leaked by an NFL team.  If teams cannot limit the use of confidential information to its intended purpose — to inform internal draft decisions– then the NFL should stop testing draft eligible players.”

As reported by FOX last night, Dwyer and USC tight end Anthony McCoy tested positive.  Dwyer tested positive for a prescription medication; McCoy tested positive for marijuana.

And Cornwell is right.  Though we don’t fault Alex Marvez and Jay Glazer for reporting information to which they became privy, it’s our understanding that the data is given to one person per team.  The StarCaps case features an allegation that the league leaked, to Glazer among others, information regarding the positive drug tests of Vikings defensive tackles Kevin and Pat Williams.  The StarCaps case currently is awaiting a post-trial ruling from Judge Gary Larson.  The mere fact that the Scouting Combine drug results were leaked by a team to the media is the kind of thing that could prompt Larson to conclude that the league will truly tighten up these leaks only after being forced to write a large check.

UPDATE:  This could be, ultimately, a “no harm, no foul” situation.  A league source points out that the agents for Dwyer and McCoy have been “doing damage control since before the teams got the results.”  Though that doesn’t excuse a team from leaking the list to the media, it definitely cuts against the notion that Dwyer and McCoy have been wronged in some way.

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26 Responses to “Cornwell sounds off on release of Scouting Combine drug tests”
  1. TylerDurden says: Apr 19, 2010 11:51 AM

    The Patriots did it…afterall, they are cheaters.

  2. texasPHINSfan says: Apr 19, 2010 11:59 AM

    “Though we don’t fault Alex Marvez and Jay Glazer for reporting information to which they became privy, it’s our understanding that the data is given to one person per team. ”
    why NOT fault these guys? these guys are the bankers that launder the money for the drug lords, essentially.
    sharing of private information is bad, but being the people that print it for millions to see is worse. I think the NFL should stop testing rookies since the teams can’t respect privacy. Glazer & Marvez should be looked down upon for this.
    i remember back in high school when a fellow student had done something very embarassing. while what they did was bad, the two people that told the ENTIRE school about it were a lot worse.

  3. FreeAgentPro says: Apr 19, 2010 12:01 PM

    MArvez and Gloazer are quickly becoming bottom feeders in the sports media. There is no need for the public to know this information. We do not use this information for any purpose. There individuals are not yet celebrities – they are just college kids. I hope someday information about Glazer and Marvez private lives is leaked to the media as well. Payback is a muthuh.

  4. YP2K says: Apr 19, 2010 12:03 PM

    I definitely agree on Dwyer, as I stated in the other post. There is no way he should have been in the headlines. I could maybe see him as a footnote in the story, but not as one of the main names of drug testing failures . . .

  5. robert ethan says: Apr 19, 2010 12:04 PM

    After seeing the pictures of Glazer, I think I know how he gets his info. He polishes up that dome, puts on a pair of light green pyjamas, and sets a portable strobe light outside of whichever institution contains the information. Then he boldy walks into the compound.
    Security flees (they’ve seen the Roswell movie and read enough books to know what is happening), and he can take his sweet time accessing the information. Once he leaves and picks up the strobe light, no one believes the guards anyway. If they bother to report it.

  6. IKnowEverything says: Apr 19, 2010 12:07 PM

    Snitches

  7. downwithdansnyder says: Apr 19, 2010 12:08 PM

    People like to “feel” powerfull, and having information that no on else has often leads to that feeling. It’s why 99% of people can not keep a secret. Perhaps the NFL should float some “incorrect” information and BAM they would be able to ID the source of the leak.

  8. FireJerryJones says: Apr 19, 2010 12:16 PM

    It’s outrageous to pay a kid $40 million when he hasn’t done a thing to earn it.
    All the drama and feigned indignation…
    These lawyers all have minored in liberal arts and the theater.

  9. Omega says: Apr 19, 2010 12:19 PM

    If the NFL finds out who leaked the information they should fine the team and fire the offender.

  10. FreeAgentPro says: Apr 19, 2010 12:21 PM

    How is the UPDATE = no harm, no foul? Forcing a kid to reveal his personal medical condition ( ADD) as defense against irresponsible reporting is a huge foul. I hope there are grounds for a lawsuit against either Glazier or the NFL. If Dwyer had a medical exemption for ADD medication, then it wasn’t a failed drug test. The NFL needs to announce their mistake. Legal question, Florio: If Dwyer sues Glazer/Marvez for defamation, will they have to either reveal their source or go to jail?

  11. dafish says: Apr 19, 2010 12:30 PM

    hell, we find out the Wunderlich scores so it’s only reasonable to assume we’ll find out the drug test results.
    I bet next year on NFL Network, they’ll televise the urinalysis. With play by play commentary from Deion, Mooch, and Marshall Faulk

  12. GoBrowns19 says: Apr 19, 2010 12:36 PM

    If someone tests positive for cocaine or meth or another harmful drug, I can see how it could negatively affect his career, but not pot. If anything, pot could prolong his career by cutting out some stress.

  13. Veritas Amber says: Apr 19, 2010 12:47 PM

    What I don’t understand is why information like this ever gets out to the media beyond generalities. Isn’t it a HIPAA Violation?

  14. dlmcc0909 says: Apr 19, 2010 12:52 PM

    I am sorry but I have no sympathy for athletes feeling embaressed when they test positive for drugs. They should feel ashamed. It should get leaked so that we could see what kind of imbeciles they are. I know we all have our feelings on whether marijuana should or should not be illegal. Its still considered illegal.
    If you had millions of dollars coming your way, you have to truly suck at life to throw that opportunity away by getting high right near draft time. that kind of thing is beyond immature. I dont make anywhere near as much as the league minimum, and if I had the opportunity in this economy to make these kinds of salaries, I wouldnt do anything to blow that chance. Im definitely not alone in feeling that way

  15. Get A Job says: Apr 19, 2010 12:58 PM

    Working as intended.
    NFL Draft teams manipulate the draft market with both true and false information. No one can blame a reporter for reporting.
    Shame on McCoy for getting high shortly before the combine. I feel no sympathy for his news leaking. And frankly, Dwyer has nothing to be ashamed of in his report, as he did nothing wrong.

  16. brownsfn says: Apr 19, 2010 1:29 PM

    I have a solution smart guy….DON’T DO DRUGS!!!!
    See how easy that is…

  17. Munze Konza says: Apr 19, 2010 1:55 PM

    It could be the person who told the NFL teams the test results. The doctor or testing agency that is. They could be leaking the information.

  18. CT Stiller says: Apr 19, 2010 2:18 PM

    It was definitely Michael Irvin. The Roethlisberger story is beginning to die down and he needs everyone distracted while his rape case is being “settled.”

  19. BigBear123 says: Apr 19, 2010 2:25 PM

    Cornhole is sounding off and becoming more vocal to position himself as top guy when DeSmith gets the boot.

  20. chickenragnarpartdeux says: Apr 19, 2010 2:35 PM

    Veritas Amber says:
    April 19, 2010 12:47 PM
    What I don’t understand is why information like this ever gets out to the media beyond generalities. Isn’t it a HIPAA Violation?
    ==============================
    It isn’t a “hospital setting” technically, so , no, it isn’t a HIPPAA violation.

  21. chickenragnarpartdeux says: Apr 19, 2010 2:43 PM

    Veritas Amber says:
    April 19, 2010 12:47 PM
    What I don’t understand is why information like this ever gets out to the media beyond generalities. Isn’t it a HIPAA Violation?
    ==============================
    If you care to read the document……
    Its a little more in depth, but from what I have read I don’t think the NFL falls into any of the categories listed.
    I’m positive the teams do not, although the team doctors may, once the tests leave the facilities they are no longer in the loop.
    http://www.hhs.gov/ocr/privacy/hipaa/understanding/summary/privacysummary.pdf

  22. Ambrose says: Apr 19, 2010 2:55 PM

    Veritas Amber says:
    April 19, 2010 12:47 PM
    Isn’t it a HIPAA Violation?
    ———————————————————————————————
    It most definitely is a HIPAA violation and somebody somewhere on an NFL team needs to lose a job and get a huge fine.

  23. chickenragnarpartdeux says: Apr 19, 2010 3:35 PM

    Ambrose says:
    April 19, 2010 2:55 PM
    Veritas Amber says:
    April 19, 2010 12:47 PM
    Isn’t it a HIPAA Violation?
    ———————————————————————————————
    It most definitely is a HIPAA violation and somebody somewhere on an NFL team needs to lose a job and get a huge fine.
    =============================
    Ambrose, I hate to come down on the opposite side of the fence on this but it is NOT a violation.
    ———————————–
    HIPAA and drug test results
    (May 25, 2009) Drug testing and HIPAA. There seems to be lots of confusion recently on this subject. Does HIPAA apply to workplace drug or alcohol test results? Most would answer no. But, there is still fear out there that it does and we in the drug testing world run into it when we seek the cooperation of a medical practicioner for proof of a prescription or sometimes in a response to a bid. (As one subscriber described to me this week).
    HIPAA protects the confidentiality of “medical records” of a “patient”. None of those terms apply in drug testing. First, there is no patient. Many state drug test laws state so. There is only a donor. Second, there is no record of a “medical” examination. A drug test is not conducted to “diagnose” or “treat” a “patient”. It is a forensic safety exam to determine if an “employee” or “prospective employee” meets the “employer’s” work qualifications. In fact it’s not even a “fitness for duty” exam.
    Addressing this issue, the Americans with Disabilities Act states as follows:
    “TITLE III–PUBLIC ACCOMMODATIONS AND SERVICES OPERATED BY PRIVATE ENTITIES
    * * *
    (SEC. 104. ILLEGAL USE OF DRUGS AND ALCOHOL.
    * * *
    d) Drug Testing.–
    (1) In general.–For purposes of this title, a test to determine the illegal use of drugs shall not be considered a medical examination.”
    DOT has also published its position on this subject, which can be found on this site under the “Compliance Information Overview” page.
    Found at:
    http://centerfordrugtestinformation.com/content/hippa-and-drug-test-results

  24. Ambrose says: Apr 19, 2010 4:59 PM

    chickenragnarpartdeux says:
    April 19, 2010 3:35 PM
    Ambrose, I hate to come down on the opposite side of the fence on this but it is NOT a violation.
    —————————————————————–
    I stand corrected (and impressed.) That was the best reply I think I have ever seen you submit. But if it were my records released, I’d still be looking for somebody to sue.

  25. chickenragnarpartdeux says: Apr 19, 2010 5:58 PM

    I actually work in a hospital, so I know a little about it.
    I’m not an asshole all of the time, just most of it…lol.
    I’m sure Jimicos will “prove me wrong’ somehow though…lol

  26. Bob Nelson says: Apr 19, 2010 10:26 PM

    If you don’t like having names leaked…..DON’T BE A CRIMMINAL DRUGGIE!!
    The invitees are all advised that testing will take place.
    If 40 times and bench presses are public knowledge why shouldn’t drug testing and Wonderlic scores??

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