Gordon, NFLPA could seek investigation regarding confidentiality breach

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On multiple occasions over the last 24 hours, someone has violated the confidentiality provisions of the substance abuse policy in relation to Browns receiver Josh Gordon.

The first came when someone leaked to FOX Sports, the Associated Press, and NFL Media that Gordon had failed a drug test last month. The second came when someone leaked to Adam Schefter of ESPN that the NFL wants to see Gordon stay clean over the next two or three months before reinstating him.

It’s clear that a violation of the broad confidentiality requirement occurred. Consider Section 1.2.1 of the substance abuse policy: “The Medical Advisor, Medical Director, Program Administrator, Team Substance Abuse Physician, Chief Forensic Toxicologist and all employees and consultants of the NFL, NFL Management Council, NFLPA (including its employees, members and Certified Contract Advisors), Evaluating Clinicians, Treating Clinicians and NFL Clubs (‘Interested Parties’) shall take all reasonable steps to protect the confidentiality of information acquired in accordance with the provisions of this Policy, including but not limited to the history, diagnosis, treatment, prognosis, test results, or the fact of participation in the Intervention Program of any Player or the Club(s) employing or having employed the Player (‘Intervention Program Information’).”

Even if the information leaked about Gordon is accurate, the policy prevents dissemination before the official announcement of disciplinary action. Considering the pair of confidentiality breaches in this case, it can be inferred that someone wanted to provide an explanation for the ongoing failure of the league to reinstate Gordon. Absent official disciplinary action, the situation would have lingered without explanation (and with ongoing criticism of the league), possibly for two or three more months.

Still, absent authorization from the player, the confidentiality provision was violated. And the policy calls for fines and/or termination of employment when that occurs.

The real question is whether anything will be done about the fairly obvious breaches of Gordon’s confidentiality rights. Per a league source, discussions between Gordon and the NFL Players Association regarding potential recourse have commenced. Section 1.2.3 of the policy provides that the NFL and NFLPA may agree to retain an independent investigator to explore the situation.

Arguably, the league itself committed a per se violation of the confidentiality provision via the report of the failed test from the league’s in-house media conglomerate. Since NFL Media is the NFL, anything reported by NFL Media is reported by the NFL. And the NFL, in theory, has the ability to request that its employees identify the sources of the information that resulted in the breach.

Before it ever comes to that, the NFL and NFLPA would have to agree to do something about it. At this point, there’s no reason to think that the confidentiality provision will be treated any differently than it ever has been — as words on paper that potentially have some sort of deterrent effect but that ultimately have no teeth because the rule is rarely if ever enforced.

52 responses to “Gordon, NFLPA could seek investigation regarding confidentiality breach

  1. Investigation will never happen. Doesn’t benefit anyone and Gordon sure doesn’t want anymore information out there.

  2. You mean Goodell and the rest of the NFL front office lack integrity and can’t keep a secret?! I, for one, am completely and 100% shocked, I say, just SHOCKED!

  3. What does this achieve for Gordon? Is he magically not going to have to face discipline now? The guy has bigger things to focus on. Such as staying away from the bong+bottle.

  4. OR – you could, you know, just get help with your substance abuse/addiction problem!

  5. Why do they give a $hit about pot? Honestly, in this day and age, who cares? I can see testing airline pilots, police officers, firefighters and other people who have jobs where lives are at stake, but people who play a little ball-game for a living? WHO CARES.

    I know several people who smoke pot on a regular basis and they are upstanding citizens and successful employees at their respective jobs.

  6. we can’t stop with just the person that leaked the info. Anyone that was more likely than not to be generally aware that someone else likely leaked the info has to be disciplined too.

    That is the precedent that has been established.

    Of course the league, holder of that huge cache of integrity, will probably cut a deal in order to sidewind an investigation.

  7. Doubtful Gordon is the leak since he was on Twitter commenting on the leak itself.

    Who knows who leaked it, but this is what Goodell does.

    He leaks it into the press to test public reaction.

    See the Deflategate and Spygate lies as an example.

    He judges based on traditional marketing metrics and analytics, which is ok to use, but not for all judgements.

    He is a terrible leader with ZERO principle.

    Obviously.

  8. @CHawk12thman

    1. Your fanbase is only considered passionate and loud since Allen had that stadium designed to trap noise and push it down to field level with those large, industrial awnings. You’re not fooling anyone. Front running fanbase in Seattle. Everyone knows it.

    2. You have no idea what you’re talking about here. It’s not so much more info on Gordon, it;s that the leak by Goodell to gauge how he should lead, as pathetic as he is with that approach, is a breach of the CBA.

  9. Don’t complain about confidentiality breaches when this site reports on the information that was leaked. You are doing that for profit and as such you are a being a hypocrite.

    Saying he failed a test is likely a breach (assuming his agent is not the source) but saying the NFL wants clean tests for x months is not. He is suspended and it was announced. There is no pending discipline, just a determination on whether to reinstate him or not.

  10. This is why Goodell needs to get out from under the shield and hiding behind this idea that he can do whatever he wants.

    The bottom line is, the NFL is not above US law and if the guy constantly violates the CBA, while leaning on it every time he’s called to the carpet, like it’s some bible ONLY to him, then his contradictions needs to be dealt with.

    He’s destroying the league.

    Brady needs to sue. It’s the only way to get to their phones and emails/texts.

    Once you get them all on the stand, it will be beyond eye opening to see the corruption and manipulation all in the name of money.

  11. Goodell’s corrupt mob is above the CBA, contracts, laws…everything. They pay no attention to all that frivolous stuff. They can do anything they want without repercussions. Didn’t we already know that?

  12. Of all the ‘leaks’ that could be chosen to track down and hold someone accountable this wouldn’t seem to be the best choice. The player is a screw up, albeit a talented one, 345 Park Ave has zero credibility, the agent is the ‘estimable’ (cough) Drew Rosenhaus and one of the ‘journalists’ is Shifty Schefter. Add in the league’s track record with ‘independent’ investigations and this has all the makings of a Mel Brooks or Farrelly Brothers production

  13. of course, the accuracy of the report on the drug test may be dependent on whether they tested the sample that was in the container with the NFL Logo, per Walt Anderson’s best recollection, or if it was in a non-Logo container.

  14. Goodell lies and his henchmen use the media as their vehicle of destruction when it suits their needs. And accomplices like ESPN willingly comply at the beckon of their master.
    The NFL is a cartel that patterns itself after the image of FIFA….with the sole intention of extracting maximum dollars to line the pockets of the Full 32 and their lucky spawn born into unearned wealth and privilege. Amazing that in this day in age, grown men slam into each others head in order to enrich their master.

  15. The NFL and Goodell and the League Office and their attorneys only follow the rules when it suits their objectives. Otherwise they dont follow their own rules they agreed to.

    The NFL and Goodell are nothing but criminals. Its time for an FBI Raid of every owners homes, goodells offices and homes, NFL attorneys homes and offices. Its time to clean house and bring the corrupt NFL to its knees. They obliterate laws and common decency of every facet of their operation.

  16. Turns out Johnny Football leaked it during a drunken bar video…

    Tom didn’t hand over his phone because the League would have had evidence against Belichick as well. They already knew about the texts to the equipment guys.

  17. plum54 says:
    Apr 12, 2016 12:02 PM

    Yet people still question why Tom did not hand over his phone, the phone Wells had already admitted he did NOT need.
    ===============

    I am going to give the benefit of the doubt to those people that they aren’t that stooooopid, and they just use the phone as a way to instigate. Nope, most of those people know the truth. They are just playing games. Although, I suspect that there is probably a percentage that really are that stooooopid. I wouldn’t post comments that would make it difficult to know if I should be part of that group, but if that’s your bag then go for it…

  18. RegisHawk says:
    Apr 12, 2016 12:20 PM

    Tom didn’t hand over his phone because the League would have had evidence against Belichick as well. They already knew about the texts to the equipment guys.

    ——–

    they had Belichick’s phone, in case you didn’t know.

  19. Perhaps Merton Hanks spoke his mind about the Josh Gordon situation, among others, and the NFL suggested that now is a good time for him to resign from a vice president position at the ripe old age of 48.

  20. @tylawspicksix

    Seattle Seahawks fan since 1976. Jim Zorn, Steve Largent, Efren Hererra….

    So, at least when, according to you, all the “frontrunner” 12th Man fans abandon ship, I’ll be able to stand underneath that magically engineered roof and create that deafening roar by myself…..

    Thanks, Paul Allen 😉

  21. NFLPA eventually has to stop supporting morons like Gordon. When is enough enough. I understand they are a union but it’s hard to Support bad multiple offenders. Right??

  22. If Manziel and Gordon are living together, that makes for a great pair. Reported by TMZ. Way to go guys, obviously drinking etc is more for you two, than playing NFL football. Just go away both of you, no one cares.

  23. @(.Y.)

    Well, if that is true, why do people choose to look stupid over and over, while ignoring the facts?

    Is it because they’re hidden behind keyboards and anonymous, as gutless humans like Goodell?

  24. Gordon’s lawyers and the NFLPA are just trying to distract everyone from the fact that he failed ANOTHER test. No one has a right to play in the NFL. It’s a privilege.

  25. Well its good to see that Schefter has learned his lesson and now refuses to be a pawn intentionally leaking classified documents.

  26. Unfortunately, this will damage Gordon’s chances at reinstatement. If there were no leak, this probably would’ve stayed wrapped up and he could have been reinstated in 2-3 months time as it seems was intended. However, now that everyone knows he’s failed a drug test in recent history (and that he apparently tried to cover it up with dilute) the NFL is between a rock and a hard place on reinstatement.

    Everyone knows he’s failed a drug test, but everyone knows that he was basically cheated out of a shot at playing this year because of some squeaky wheel.

    If he’s lucky he might be able to leverage it into getting back on the field sooner rather than later. If the NFL decides it wants to save face (which it always does), his best hope is to get some sort of big monetary compensation while they ban him for another season if not life.

    I read his piece a while ago about his season-long ban and think Gordon’s probably a good kid with a little bit of a bad habit that the NFL is overstating. I mean, come on, let’s not forget that it wasn’t even marijuana that triggered this suspension, it was *gasp* ALCOHOL.

  27. chino1985 says:
    Apr 12, 2016 12:36 PM

    NFLPA eventually has to stop supporting morons like Gordon. When is enough enough. I understand they are a union but it’s hard to Support bad multiple offenders. Right??
    ————————————————————-

    Considering the NFLPA has yet to lose when it comes to defending Josh Gordon sounds like they’re doing their job and they’re doing it very well. It would be different if this was a Justin Blackmon or Titus Young situation where he’s just a bonehead criminal with an NFL contract but every substance abuse infraction of Gordons always has an asterisk next to it with the NFL doing something really shady during the investigation. Are we forgetting that two of his suspensions were reduced due to proof that he had committed no wrong doing?

  28. NFLPA should request an investigation into this but they won’t. NFL leaks information to control the story. It’s a fact.

    While I’d never defend any man for striking/abusing a woman those Hardy photo’s were leaked from the NFL. That’s a fact. The exhibit labels on those photo’s were not from the DA’s office nor the PD, that’s been verified. The only other people who has access to them was the NFL and those exhibit numbers were from Hardy’s appeal hearing.

    The NFL is a dirty organization and the players are just used like cattle. They’re effectively in a slaughter house every time they take the field.

  29. they had Belichick’s phone, in case you didn’t know.

    They had Belichick’s Patriots-issued phone…not the one he uses.

  30. horaceivory says:
    Apr 12, 2016 11:58 AM
    And people wonder why Tom Brady didn’t want to turn over his phone to the NFL clowns.
    ———————–
    And after Goodell leaked private info from Brady’s private emails (that Brady had already handed over), in a blatant attempt to smear – if you recall, Brady then apologized to Peyton for mild email comments made by his friends. Enough was leaked of his contact details that Brady had to change his email address.

  31. And think of all the terrible things that could come from him smoking that kind herb. Oh wait.

  32. RegisHawk says:
    Apr 12, 2016 1:25 PM

    They had Belichick’s Patriots-issued phone…not the one he uses.

    ———

    okay, so if Belichick had a personal phone, and they wanted to see what was on it, why did they not ask for it?

  33. RegisHawk says:
    Apr 12, 2016 1:25 PM
    they had Belichick’s phone, in case you didn’t know.

    They had Belichick’s Patriots-issued phone…not the one he uses.
    —————-

    Which is the ONLY phone the NFL had the right to access. Since the NFL has no subpoena power, they have no right to ask for Belichick’s (and Brady’s) personal phone. Both of them are in their right to refuse access to their personal phone.

  34. RegisHawk says:
    Apr 12, 2016 12:20 PM

    Tom didn’t hand over his phone because the League would have had evidence against Belichick as well. They already knew about the texts to the equipment guys.
    ***************************
    Psst. Belichick turned over his phone because it was a league phone. He was cleared in the Wells Report you didn’t bother to read.

  35. At this point, there’s no reason to think that the confidentiality provision will be treated any differently than it ever has been — as words on paper that potentially have some sort of deterrent effect but that ultimately have no teeth because the rule is rarely if ever enforced.

    Just like air pressure in footballs… Ideal Gas Law!!!

  36. goodell and his front office of incompetents haven’t created any major controversies during this offseason

    this one isn’t “the bomb” but a frail try…

    could we have an offseason without a major controversy that goodell usually starts?

    could the NFL not have egg on it’s face for one offseason?

    We’ll see…

  37. What would you feel like if your Employer asked you to turn over your personal cell phone and e-mail records for a minor infraction that they think one or two of your fellow employees may or may not have committed and they think you knew about it and even worse may have instructed them to do it, even if they have no proof you did.

    You give them your e-mail records and they leak personal information to the public to such a degree that you have to change your e-mail address. Do you think it’s logical that you would be reluctant to hand over your personal cell phone when there is a good chance that your employer would leak personal information from it?

    The NFL has shown in multiple cases that it can’t keep their trap shut and will leak any information be it wrong or right that they feel will benefit their cause. This current NFL under Goodell is on the par with WWE Wrestling and the corrupt FIFA.

  38. It is funny how many people think their enjoyment of football is somehow lessened because there is a rule that players can’t smoke pot, do heroin, crack, HGH, Quaaludes, and whatever else.

    If pot is taken off the banned substance list it becomes acceptable. At least now, kids see there are consequences to breaking the rules. All a player has to do is never get caught. The NFL tells the players when the testing will take place. Can’t quit smoking pot long enough to pass a urine test once per year? They can smoke until they choke after that. If anyone wants to complain, complain about how stupid a person would have to be to get pinched on the test.

  39. shlort says:

    If pot is taken off the banned substance list it becomes acceptable. At least now, kids see there are consequences to breaking the rules.
    —————————————————————
    Your argument is we should just create (or uphold) a bunch of arbitrary rules so that we can punish people who break them in an attempt to teach kids a “lesson?” Should we ban alcohol too so that we can punish anyone who wants to relax on their day off just so kids can see the cause and effect relationship of being punished for breaking a dumb rule?

    My kids will be taught to think critically. By me. I won’t rely on the NFL to teach them morality.

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