Plain language of PED policy cuts against NFL’s attempt to interview players

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With the NFL and the NFL Players Association squaring off over whether and to what extent five players implicated by an Al Jazeera documentary featuring since-recanted allegations of PED use, it makes sense to retreat to square one and determine when and how an investigation regarding PED use based on media reports can even happen.

Arguably, it can’t happen at all, in the absence of “credible evidence” that would justify discipline of Clay Matthews, Julius Peppers, Mike Neal, and/or James Harrison. (Peyton Manning was implicated, but he has retired and is apparently not subject to discipline.)

Most PED violations occur when a player submits a urine sample that reveals a banned substance. Under the PED policy, discipline also may be imposed for (as the title of Section 5 of the policy states) “violations of law and other documented evidence-based violations.”

With no alleged violation of the law happening in the case of the players implicated by the Al Jazeera report, the question becomes whether the Al Jazeera report and any ensuing investigation by the league permits discipline based on “other documented evidence-based violations.”

Under the policy, that clause specifically is triggered when players “are found through sufficient credible documented evidence (see footnote 4) to have used, possessed or distributed performance-enhancing substances.” At footnote 4, the policy defines “credible documented evidence” as “criminal convictions or plea arrangements; admissions, declarations, affidavits, authenticated witness statements, corroborated law enforcement reports or testimony in legal proceedings; authenticated banking, telephone, medical or pharmacy records; or credible information obtained from Players who provide assistance pursuant to Section 10 of the Policy.”

Footnote 4 at no point includes “media reports” or anything remotely close to it, making the Al Jazeera report an insufficient basis for imposing discipline. At most, it can be the starting point for an investigation.

But what is the ending point? According to the policy, a violation can be based only on “criminal convictions or plea arrangements; admissions, declarations, affidavits, authenticated witness statements, corroborated law enforcement reports or testimony in legal proceedings; authenticated banking, telephone, medical or pharmacy records; or credible information obtained from Players who provide assistance pursuant to Section 10 of the Policy.”

Setting aside for now the question of what that laundry list of potential pieces of evidence does and doesn’t include, the structure of the policy indicates that the league must determine that a violation has occurred based on “credible evidence,” impose discipline, and allow the appeal process to unfold.

As crafted, the policy doesn’t contemplate a “probable cause”-type determination of a potential violation that then justifies interrogating players under a proverbial or actual hot light. Instead, the policy requires the league to first find “credible evidence” of a violation, impose discipline for the violation, share the “credible evidence” with the players, and then hear from the players as part of the appeal process.

In other words, there’s no language in the policy requiring the players to provide any information before the NFL concludes based on the information it already has developed that a violation occurred.

The league is blurring the lines in this case, possibly for fear of creating the impression that it regards the Al Jazeera report to be “credible evidence” without having a chance to directly assess the credibility of the players who were implicated. Still, the policy as negotiated by the NFL and the NFLPA requires the league to make an assessment based on “credible evidence,” impose discipline, and then allow the players to defend themselves against the allegedly “credible evidence.”

If the NFL is sufficiently concerned that the players in this case would be able to successfully defend themselves in front of a neutral arbitrator, then maybe the “credible evidence” isn’t.

Critics of the NFLPA routinely blame the union for not doing enough at the bargaining table to, for example, compel the Commissioner to surrender final say over matters like the Personal Conduct Policy or threats to the integrity of the game. In this case, it’s fair to point out that the league signed off on a procedure that requires it to develop and identify “credible evidence” of a violation before the player must potentially implicate himself by answering questions at a hearing.

That seems to be the crux of the problem. Given the relevant language of the policy, the NFLPA’s best approach could be to say, “Impose discipline if you believe you have ‘credible evidence’ of a violation. Until that happens, the players have no obligation to do anything.”

52 responses to “Plain language of PED policy cuts against NFL’s attempt to interview players

  1. After the 64+ lies that BSPN and the Park Ave Goon Squad told regarding Deflategate…

    After the NFL’s adamant and continued insistence that the violent collisions in football have absolutely nothing to do with concussions…(Even though they’ve changed kickoff rules to avoid such collisions…)

    It’s safe to say that Al Jazeera is a much more credible source than either BSPN or the NFL.

    If ANY member of the Patriots would have been on that list, the investigation would have started immediately! Millions of dollars would have been spent, suspensions and fines for many.

    The real hold up here is that PEDton Manning is on that list. We all know it, so don’t even try to lie! The only reason the source recanted was that Manning sent those 2 enforcers pretending to be police/FBI to the source’s house to intimidate his parents and sister. The sister was so terrified she called 911!

  2. Two bribed Federal judges said that Roger Goodell could do whatever he wanted, whenever he wanted.

    Get used to it.

  3. What’s to stop the commissioner from deciding that failure to assist the league in whitewashing…er protecting…the ‘integrity of the shield’ is conduct detrimental? The crooked king has shown on more than one occasion he is willing to move the goalposts.
    I understand the union’s position, 345 Park Ave can’t be trusted and the league has no one to blame but themselves. Yet in this instance the union might be better served to ‘assist’ the league’s investigation by having the players sit for an hour or 2 of “Hi how you dong, please have a cup of coffee and stay long enough to make it look good.” After all neither side is interested in anything but making this go away anyhow. It’s just a PR campaign to make it look good

  4. If the NFL were serious about PED’s, it could make it a plain and clear term of the CBA that it could test any player anytime, instead of this worthless set-up it has now

  5. Allowing Goodel to abuse his seat and freely violate Due Process for select Teams/Players/Coaches in order to satisfy the ‘PARITY’ agenda is equivalent to US Citizens surrendering their 1st & 2nd Amendments to the Socialist Agenda.

  6. The Al Jazeera report is sufficient to warrant an investigation. If during that investigation the league finds pharmacy records or anything on the players medical records in regards to banned substances that becomes evidence to warrant discipline. Failure to provide complete and suffecient records to the satisfaction of the league office would constitute obstructing a league investigation in which that is its own punishable offense.

  7. as if Goodell and their cronies care the slightest what the CBA says.

    Even if they did they’d just lie their way around it like they have on all their other “scandals”

  8. I will be so glad when football starts back up.
    These “stories” are so not anything to do with the game we love.
    Sheesh already.

  9. The word “agreement” only applies if it’s agreed upon by the NFL. Otherwise, it’s Roger’s world and everyone else is just living in it. I still can’t believe all but one franchise approved this CBA.

  10. It doesn’t make any difference because a Pat’s fan will somehow claim its related to the ideal gas law/free Brady law….etc. everything is related to the Pat’s …..that’s why the sun rises and sets….right?

  11. Patriot fans whining comparing apples and oranges. Supreme Court already ruled – Brady is out 4 games for cheating.

    The “source” recanted the story and Al Jazeera went ahead with it anyway.

  12. Nofoolnodrool says:
    Jun 28, 2016 6:27 PM

    It doesn’t make any difference because a Pat’s fan will somehow claim its related to the ideal gas law/free Brady law….etc. everything is related to the Pat’s …..that’s why the sun rises and sets….right?
    ———————–

    Everything is related to the Pat’s what?

    I love how you bozos cry and moan about Patriots fans, and then all you do is whine about the Patriots.

  13. They didn’t have any evidence against Brady and the Patriots, and we all saw what happened there. Belechick and the Pats were exonerated by the Wells report, yet they took away two draft picks and a $1m fine. It appears Roger does whatever Roger wants.

  14. Everything is related to the Pat’s what?

    I love how you bozos cry and moan about Patriots fans, and then all you do is whine about the Patriots.

    A classic example of Pat’s fans rule #1 in how to deflect a true statement. Come on Mack you Bozo’s think everything done by the NFL is specifically design to hurt the Pat’s. True ply delusional and juvenile….but funny as hell.

  15. Supreme Court already ruled – Brady is out 4 games for cheating.

    __________________________________

    Wow, I’ve been on vacation, guess I missed something! Can anyone get me caught up on this development?

  16. The NFL has lousy lawyers. You’d think they’d and THE Commissioner would be well versed in their own CBA, bylaws and regulations, but they instead just submit issues and deal with the wording later.

  17. thebirdofprey says:
    Jun 28, 2016 6:35 PM
    Supreme Court already ruled – Brady is out 4 games for cheating.
    ===================

    That will come as surprising news to the US 2nd Circuit.
    And to the Supreme Court for that matter.

  18. Nofoolnodrool says:
    Jun 28, 2016 6:50 PM

    A classic example of Pat’s fans rule #1 in how to deflect a true statement. Come on Mack you Bozo’s think everything done by the NFL is specifically design to hurt the Pat’s. True ply delusional and juvenile….but funny as hell.
    ——————–

    Not a Patriots fan, and the next time you type a true statement will be the first time.

    “True ply” Now that is funny.

  19. So let’s say I own a hardware store and have a no drug policy. An article appears in the paper saying that 4 of my employees have been using.

    Most of you guys are saying I shouldn’t even be allowed to ask them about it?

  20. thebirdofprey says:
    Jun 28, 2016 6:35 PM
    Patriot fans whining comparing apples and oranges. Supreme Court already ruled – Brady is out 4 games for cheating.

    The “source” recanted the story and Al Jazeera went ahead with it anyway.
    _____________________
    Here we are folks!

    Since most of us have been paying attention…

    It was Bill Polian, the guy who shoved rule changes down the Competition Committee’s throat year after year because his “anointed chosen messiah” couldn’t beat the Patriots, declared that the natural deflation of footballs is as egregious as PED use. There are your apples and oranges.

    Supreme Court? That statement proves that you are simply a hater who should be banned from all football related talk until you actually have watched an American football game.

    The source recanted because PEDton sent two goons to the home of the source’s parents to intimidate them. His sister called 911 in a panic because they refused to identify themselves!

    BSPN and the NFL lied 64+times regarding Deflategate. The NFL continues to deny violent collisions cause concussions, even though they have changed kickoff rules.

    Al Jazeera, while catering to a despicable cause, is infinitely more honest that BSPN and the Park Ave Goon Squad!

  21. Who needs proof of anything?

    The Internet decides who’s guilty and who isn’t.

    Don’t believe me? Just ask them. The same multi-profile chuckleheads post the same 3rd grade level reading nonsense over and over and over again to defame the last NFL Dynasty, the NE Patriots.

    They hate us, cuz they ain’t us

  22. Not a Patriots fan, and the next time you type a true statement will be the first time.

    “True ply” Now that is funny.

    7 0

    What is funny is you never state what team you are a bandwagon fan of……?

    Trying to say you are not a Pat’s fan ? Please you truly need help?

  23. The NFL does NOT want to find anything here(golden boy rule) you know.

    Already foot dragging is apparent.

    An investigation uncovers facts, not, without facts they cannot start an investigation.

    The chase here is going to be more fun to watch than the outcome.

  24. mmack66 says:
    Jun 28, 2016 5:40 PM

    Two bribed Federal judges said that Roger Goodell could do whatever he wanted, whenever he wanted.

    Get used to it.
    _ _ _ _ _ _ _ _
    Please! Nobody bribed a judge.

  25. mmack66 says:
    Jun 28, 2016 7:10 PM
    Not a Patriots fan, and the next time you type a true statement will be the first time.

    “True ply” Now that is funny.
    —————–

    Nofoolnodrool says:
    Jun 28, 2016 7:42 PM

    Trying to say you are not a Pat’s fan ? Please you truly need help?
    _________________

    mmack66 you are in good company. Many fans of other teams have been defamed as Pats fans by drool and others simply for calling out 345 Park Ave for framegate. Interestingly no one called me a Chiefs fan, a Whodat warrior or a Boys/Skins fanboy when I slammed the league for those over the top manufactured beat downs. But then if it’s one thing this Giants guy has learned in following framegate it’s that patsanoia runs deep among the under educated. Another reason it’s great to be a Giants fan, NE has and never will be the monster in our psychological sports closet.

  26. mmack666 says:
    Jun 28, 2016 8:05 PM

    Please! Nobody bribed a judge.
    ————————

    I know. Goodell bribed two of them!

  27. mmack66 says:
    Jun 28, 2016 7:10 PM

    Nofoolnodrool says:
    Jun 28, 2016 6:50 PM

    A classic example of Pat’s fans rule #1 in how to deflect a true statement. Come on Mack you Bozo’s think everything done by the NFL is specifically design to hurt the Pat’s. True ply delusional and juvenile….but funny as hell.
    ——————–

    Not a Patriots fan, and the next time you type a true statement will be the first time.

    “True ply” Now that is funny.
    _ _ _ _ _ _ _
    Next time mmack66 types an original post it will be the first!

  28. Nofoolnodrool says:
    Jun 28, 2016 7:42 PM

    What is funny is you never state what team you are a bandwagon fan of……?

    Trying to say you are not a Pat’s fan ? Please you truly need help?
    —————————-

    I’ve stated several times that I am a Chiefs fan.

    To answer your last question, no I don’t, but thanks for asking.

  29. mmack66 says:
    Jun 28, 2016 8:13 PM

    mmack666 says:
    Jun 28, 2016 8:05 PM

    Please! Nobody bribed a judge.
    ————————

    I know. Goodell bribed two of them!
    _ _ _ _ _ _ _ _
    No you don’t. This another of your “court of public opinion” statements. However, if you offer irrefutable proof we might believe you.

  30. jag1959 says:
    Jun 28, 2016 8:11 PM
    mmack66 says:
    Jun 28, 2016 7:10 PM
    Not a Patriots fan, and the next time you type a true statement will be the first time.

    “True ply” Now that is funny.
    —————–

    Nofoolnodrool says:
    Jun 28, 2016 7:42 PM

    Trying to say you are not a Pat’s fan ? Please you truly need help?
    _________________

    mmack66 you are in good company. Many fans of other teams have been defamed as Pats fans by drool and others simply for calling out 345 Park Ave for framegate. Interestingly no one called me a Chiefs fan, a Whodat warrior or a Boys/Skins fanboy when I slammed the league for those over the top manufactured beat downs. But then if it’s one thing this Giants guy has learned in following framegate it’s that patsanoia runs deep among the under educated. Another reason it’s great to be a Giants fan, NE has and never will be the monster in our psychological sports closet.

    0 0
    Report comment

    Love the undereducated reference used by someone who thinks he is but his actions and words prove he isn’t. As a Steeler fan I don’t blame the NFL for punishing our players for what they”appear” to have done, but then again we haven’t lost any draft picks for cheating. And to being a New Yorker….just think of the jerk Trump is…….. Nuff said.

  31. mmack666 says:
    Jun 28, 2016 8:21 PM

    No you don’t. This another of your “court of public opinion” statements. However, if you offer irrefutable proof we might believe you.
    ————————–

    The evidence of bribery is compelling, if not overwhelming.

  32. Nofoolnodrool says:
    Jun 28, 2016 8:26 PM
    Love the undereducated reference used by someone who thinks he is but his actions and words prove he isn’t. As a Steeler fan I don’t blame the NFL for punishing our players for what they”appear” to have done, but then again we haven’t lost any draft picks for cheating. And to being a New Yorker….just think of the jerk Trump is…….. Nuff said.
    ________________-

    Thank you for proving my point.

  33. 2nd try posting this…

    thebirdofprey says:
    Jun 28, 2016 6:35 PM
    Patriot fans whining comparing apples and oranges. Supreme Court already ruled – Brady is out 4 games for cheating.

    The “source” recanted the story and Al Jazeera went ahead with it anyway.
    _____________________
    Here we are folks!

    Since most of us have been paying attention…

    It was Bill Polian, the guy who shoved rule changes down the Competition Committee’s throat year after year because his “anointed chosen messiah” couldn’t beat the Patriots, declared that the natural deflation of footballs is as egregious as PED use. There are your apples and oranges.

    Supreme Court? That statement proves that you are simply a hater who should be banned from all football related talk until you actually have watched an American football game.

    The source recanted because PEDton sent two goons to the home of the source’s parents to intimidate them. His sister called 911 in a panic because they refused to identify themselves!

    BSPN and the NFL lied 64+times regarding Deflategate. The NFL continues to deny violent collisions cause concussions, even though they have changed kickoff rules.

    Al Jazeera, while catering to a despicable cause, is infinitely more honest that BSPN and the Park Ave Goon Squad!

  34. The NFL lawyers and owners really do think the CBA allows Goodell do absolutely anything he wants just as long as it’s prefaced by “it involves the integrity of the game…article 46 na na na na naaanaa.

    I’m not so sure they ever re-visited that belief.
    Hopefully a certain N.Y court does address that notion so we can have some answers on several fronts.

  35. Steelers never cheated? Maybe you weren’t alive in the 70s when the whole team was on peds. Then in the mid 2000s the team dr was guilty of administering peds and the current head coach literally went on the field to tackle a runner. All of these infractions are FAR worse than anything the pats have done to influence the outcome of a game.

  36. thebirdofprey says:
    Jun 28, 2016 6:35 PM
    Patriot fans whining comparing apples and oranges. Supreme Court already ruled – Brady is out 4 games for cheating.
    ***********************
    And when did SCOTUS rule on this issue which has never come before it?

  37. theashleyguy says:
    Jun 28, 2016 7:27 PM
    So let’s say I own a hardware store and have a no drug policy. An article appears in the paper saying that 4 of my employees have been using.

    Most of you guys are saying I shouldn’t even be allowed to ask them about it?
    ——————-
    I think it’s reasonably safe to assume that your hardware store employees wouldn’t be unionized and working under a collectively bargained labor agreement.

  38. Goodell can do anything he wants when it comes to the “Integrity of the League”.

    Framed for being a bully?.. integrity of the league
    Equipment violation?…. integrity of the league
    PEDs?… integrity of the league

  39. campcouch says:Jun 28, 2016 6:58 PM

    The NFL has lousy lawyers. You’d think they’d and THE Commissioner would be well versed in their own CBA, bylaws and regulations, but they instead just submit issues and deal with the wording later.
    .
    .
    .
    Vice president of American Postal Workers Union of northwestern Washington here, management bends the contract ALL the time, and it’s RARE that you find management who knows the contract really well.

    Roger Goodell probably hasn’t ever read past the cover of the contract

  40. Goodell and his mob don’t care about “credible evidence”, the CBA, by-laws, etc etc. Goodell will accuse and convict any player he wants to for any reason..no evidence is needed.

    Under Goodell’s watch the NFL has become the most corrupt organization in sports history.

  41. These “investigations” and legal maneuvers get a lot of attention because they take place in the backdrop of America’s most beloved game, but they have larger implications for all American workers due to the fact that they are part of a collectively bargained contract.

    Full disclosure: I have been on the management side of manufacturing and have worked with and often fought against unions most of my professional career. Having said that, I am shocked at the NFL’s blatant disregard of labor laws and following what is actually in the contract.

    In the Framegate case, an employee was disciplined despite the preponderance of the evidence showing no violation occurred. And the arbitration process violated labor law as it was one-sided and did not provide data to both sides to make their argument (i.e. it was a capricious and arbitrary manner).

    In this case, there is clear language in the contract of what constitutes grounds for an investigation, and despite not meeting any of the criteria, the NFL is pursuing an investigation.

    I guess when a President can choose which laws to uphold and which ones he can ignore, this is par for the course. Facism is a term that really isn’t used any more, but it sure seems that is where we are headed.

  42. @thebirdofprey says:
    Jun 28, 2016 6:35 PM
    Patriot fans whining comparing apples and oranges. Supreme Court already ruled – Brady is out 4 games for cheating.
    ***********************

    You should know that the appeals court decision basically gives Goodell the power to give any punishment, to any NFL player, for any reason.

    So if you were rooting for Goodell in that case, that’s what you are rooting for.

  43. Sounds like the NFL has those 3 people from “Minority Report” floating in a pool somewhere at 345 Park Avenue.

  44. If I’m head of the NFLPA at the end of this contract I’d encourage the player to strike. You keep the work stoppage going until these billionaire owners cave on the discipline front of this. Also on player safety. The players got 2 huge issue in front of them that need addressing in a major way. Bigger than a paycheck.

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