Josh Gordon???

[dejeanneret]

I can see this happening, but I can't understand why they wouldn't have just delayed the Gordon and Welker decisions until the new policy was announced. Even if it meant Welker played Sunday and Gordon didn't, they could then decide based on the NEW policy for the rest of the year.

Allow me to play the role of resident cynic for a moment:

They absolutely had to uphold his suspension to save face. For all of Gordon's hemming and hawing, the rules are the rules and he broke them (as did Welker, apparently). They couldn't possibly change the rules while decision on a year long suspension to a marquee player with a well known track record was pending. What kind of message would that send?

What they COULD do, however, was save a little face by sticking to their guns on "enforcing" the existing rules. Then, on arguably the second most anticipated football night of the year, leak (announce?) that changes were in the works such that said marquee player might be seen yet this season. And wouldn't you know it, doing so gets people all the more interested, puts the NFL right back at the top of the sporting headlines, and placates the droves of fans and casual observers who have been bashing the NFL given the apparent backwardness with how the league viewed issues of domestic violence versus comparatively minor substance abuse issues.

Mind you, a total conspiracy theory on my part. But doesn't the timeline, nature and relative severity (or lack thereof) of recent suspension activity, the bad publicity surrounding it, and the breaking of this story during the NFL kick off show of all things make this seem more like a calculated business decision/marketing strategy than merely an odd coincidence??

[Bomm Bastic]

It gets better...

Apparently (according to rotoworld) the NFL and NFLPA have been trying to hammer out a deal re HGH testing. As a concession, the NFL would then raise the threshold for a positive pot test and...move amphetamines from the PED list to the substance abuse list.

That's where Welker comes into play

[Axeman33]

It gets better...

Apparently (according to rotoworld) the NFL and NFLPA have been trying to hammer out a deal re HGH testing. As a concession, the NFL would then raise the threshold for a positive pot test and...move amphetamines from the PED list to the substance abuse list.

That's where Welker comes into play

Interesting. This is going to be a fun story to follow.

[2014olympicgold]

Best kicker, best receiver, and best slot receiver in the league get hit with drug suspensions and all of a sudden they think about changing it…. strangeeeee.

[ross10019]

Allow me to play the role of resident cynic for a moment:

They absolutely had to uphold his suspension to save face. For all of Gordon's hemming and hawing, the rules are the rules and he broke them (as did Welker, apparently). They couldn't possibly change the rules while decision on a year long suspension to a marquee player with a well known track record was pending. What kind of message would that send?

What they COULD do, however, was save a little face by sticking to their guns on "enforcing" the existing rules. Then, on arguably the second most anticipated football night of the year, leak (announce?) that changes were in the works such that said marquee player might be seen yet this season. And wouldn't you know it, doing so gets people all the more interested, puts the NFL right back at the top of the sporting headlines, and placates the droves of fans and casual observers who have been bashing the NFL given the apparent backwardness with how the league viewed issues of domestic violence versus comparatively minor substance abuse issues.

Mind you, a total conspiracy theory on my part. But doesn't the timeline, nature and relative severity (or lack thereof) of recent suspension activity, the bad publicity surrounding it, and the breaking of this story during the NFL kick off show of all things make this seem more like a calculated business decision/marketing strategy than merely an odd coincidence??

It's a logical theory. So do you think they announce the new policy and then rescind Gordon's suspension, since under the new policy the threshold increases to 150 nmg (which is the Olympic Committee threshold) from the current 15nmg, since Gordon tested postiive at 16mng? Even though he was suspended for activity in 2013 when the policy was still 15nmg, I cannot imagine that they would maintain his year-long suspension for that small over a limit that was crazy to begin with.

[Bomm Bastic]

Here's more... http://profootballtalk.nbcsports.com...welker-gordon/

...and Welker really needs to ditch the comb-over. Jeebus,

[Pengwin7]

The NFL is fugging with our fantasy football leagues.
Come on Gaddell!

[dejeanneret]

Interesting. Apparently, one of the sticking points in the negotiations about the revamped drug policy relates precisely to the Gordon and Welker suspensions. The league is like a soap opera these days.

ESPN's Chris Mortensen reports the NFLPA will have its 32 player reps vote on a proposed overhauled drug policy on Tuesday.
The NFL and NFLPA have yet to reach an agreement on all issues, but it's close enough for a vote. The proposed policy will include HGH testing for the first time in league history, in addition to raising limits for marijuana testing. One sticking point apparently remains, as owners across the league are complaining about the league potentially reducing the Josh Gordon and Wes Welker suspensions. All we can do is keep our fingers crossed re: Gordon and Welker.

http://www.rotoworld.com/player/nfl/8369/roger-goodell

[2014olympicgold]

Interesting. Apparently, one of the sticking points in the negotiations about the revamped drug policy relates precisely to the Gordon and Welker suspensions. The league is like a soap opera these days.



http://www.rotoworld.com/player/nfl/8369/roger-goodell

If I was an owner I would be sticking by these two should be suspended for the original length. If you get a speeding ticket Monday for going 100km over a 60 limit, then the next day it switches to 70, your ticket doesn’t change. I am glad tho this is getting changed.

Other side of the coin tho, if he does get a reduced penalty (let’s say 6 games) are we just going to ignore the DUI?

[dejeanneret]

If I was an owner I would be sticking by these two should be suspended for the original length. If you get a speeding ticket Monday for going 100km over a 60 limit, then the next day it switches to 70, your ticket doesn’t change. I am glad tho this is getting changed.

Other side of the coin tho, if he does get a reduced penalty (let’s say 6 games) are we just going to ignore the DUI?

Will be interesting to see how it plays out. The DUI won't be ignored. But he hasn't been convicted of it yet either. That's one of those things, I think, where the NFL waits until the legal process plays out and a guilty conviction is rendered before handing down any of its own discipline. So I think that's a 2015 issue, if it becomes one at all.

[ross10019]

Will be interesting to see how it plays out. The DUI won't be ignored. But he hasn't been convicted of it yet either. That's one of those things, I think, where the NFL waits until the legal process plays out and a guilty conviction is rendered before handing down any of its own discipline. So I think that's a 2015 issue, if it becomes one at all.

Speculation is that even if Gordon is reinstated, he'll end up serving a game in November because of the DUI. Here's an excerpt from a Cleveland Plain Dealer article:

"Even if Gordon's drug ban is rescinded, he might still be suspended for his pending DWI charge in Raleigh, N.C.

According to profootballtalk.com, the NFL is seeking a minimum two-game suspension for a first-time DWI conviction. Gordon's hearing in Raleigh for the July 5 DWI was postponed from Aug. 26 to November while he went through the appeals process.

In addition, the league wants players to be de-activated with pay for the game following any DUI arrest -- before due process.

So as it stands, Gordon might make it back as early this week's game against the Saints, but could miss two games in November for the DWI."

[rataylor22]

Best kicker, best receiver, and best slot receiver in the league get hit with drug suspensions and all of a sudden they think about changing it…. strangeeeee.

Gordon isn't the best receiver and Welker isn't the best slot receiver in the NFL lol. They are very good fantasy-wise, but real life, no.

The NFL and NFLPA have been working on a new-drug policy for a long time. They agreed to "change it" with the new CBA, and they have been working on the specifics of that since that time (about 2 years).

[dejeanneret]

Everyone probably has been following along and knows by now, but in case not, it's looking more and more likely that Gordon's suspension will be reduced to eight games.

That would mean he'd be eligible to play in either week 9 or 10 (I see some places reporting that he could be back in Week 9, but given that the Browns are on bye in Week 4, eight "games" would actually take Gordon through week 9 and he'd be back from Week 10 -- I don't know how it works).

In any event, if he's available in your league, now might be the last chance to scoop him up before an "official" announcement:

ESPN's Adam Schefter reports Josh Gordon's suspension is expected to be reduced to eight games once the new drug policy is approved as easily as Friday afternoon.
It's exactly what FOX Sports' Mike Garafolo reported Thursday evening. We'd obviously expect Gordon to qualify for time already served, so he'd likely be back for Week 9 against the Bucs. Owners who can afford to stash Gordon at the end of their bench would have him in time for a few weeks of the regular season and the fantasy playoffs. We hope to have final word sometime Friday.
Source: Adam Schefter on Twitter Sep 12 - 10:34 AM

http://www.rotoworld.com/player/nfl/8282/josh-gordon

[ross10019]

Everyone probably has been following along and knows by now, but in case not, it's looking more and more likely that Gordon's suspension will be reduced to eight games.

That would mean he'd be eligible to play in either week 9 or 10 (I see some places reporting that he could be back in Week 9, but given that the Browns are on bye in Week 4, eight "games" would actually take Gordon through week 9 and he'd be back from Week 10 -- I don't know how it works).

In any event, if he's available in your league, now might be the last chance to scoop him up before an "official" announcement:



http://www.rotoworld.com/player/nfl/8282/josh-gordon

How can they suspend him for 8 games, if the drug policy is going to result in a 50nml standard, and he was suspended due to being only at 16 (one over the current limit of 15)? The only way is if they claim that because the offense happened before March 2014, but there are solid grounds for him to maintain that the date of the notice and/or the appeal determination should rule, and that is past March 2014, and if that’s the case he should get 0 games because he didn’t violate the new policy as applied retroactive to March 2014. Check out the awesome analysis by Cedric Hopkins @fieldandcourt. My guess is you’ll see Gordon file a lawsuit if he gets 8 games, and it ends up getting reduced or lifted altogether.

As an aside, this Schefter guy reported that Gordon’s suspension was lifted way early (a week or so ago) and then deleted the twitter posting. Seems like one of those guys who will rush a story just be the first to have reported.

[ross10019]

Check this out:


Which Date Will Control Josh Gordon's Fate?

Written by Cedric Hopkins September 11, 2014 Print

By now you've heard that the NFL & NFLPA are working to finalize a revamped Substance Abuse Policy and Josh Gordon and other players' suspensions may or may not be lifted, reduced, vacated, whatever. In Gordon's case the new, higher (see that?) 50 ng/ml marijuana level would allow him to play immediately, if the new policy applies to him.

First of all, I should disclose that I am selfishly coveting Gordon v. NFL. I’m especially curious to see how Gordon’s lawyer will challenge the ambiguous and arbitrary drug testing protocol. But that's for another day. Maybe.

In an earlier article I detailed how notice of the suspension, in the legal sense, applies to Gordon’s case. The notice argument alone should allow Gordon to be included in the new substance abuse policy. [Read that argument here.]

Having said that, I wanted to provide one more basis that will support Gordon being included in the new, revamped substance abuse policy.

The second legal concept that could apply to Gordon’s case is one involving retroactive application of a new law that comes into effect while a criminal case is active.

Here’s a hypothetical: You were charged and convicted of a crime in the Winter of 2013 and immediately filed an appeal after the conviction. Sometime in 2014, the Court of Appeals affirms your conviction.

In the above hypothetical, your conviction does not become final until the Court of Appeals affirms your conviction. So if a new law is enacted while your case is on appeal, you get the benefit of that law.

How does this apply to Gordon? In a legal sense, I would argue (and believe) that Gordon’s suspension didn’t become final until his appeal was decided. Harold Henderson decided Gordon’s appeal on August 27.

But then I see tweets like this:



The new policy shouldn’t reassess based on when the drug violations occurred, as Rosenthal suggests, but rather when the suspensions occurred.

There are three reasons why the NFL and NFLPA will look at when the suspensions occurred and not when the drug violations occurred.

First, the drug violations (assuming Rosenthal means the positive drug test) encompass drug use that could have occurred over multiple unknown days. It’s too speculative to say which day the actual violation (use of marijuana) took place.



Secondly, the NFL didn’t issue Gordon’s suspension until the new league year. That’s the notice issue.

Finally, and perhaps most importantly, Gordon’s suspension didn’t become final until the completion of his appellate process with the NFL, which was also in the new league year.

There is no question in my mind that Gordon is going to play this year. There are too many legal arguments he can make that will allow him to do so.

The “public policy” argument also works in his favor: The NFL suspended Gordon on August 27, 2014 and Wes Welker on September 3, 2014. That’s exactly one week apart from one another.

It’s unimaginable for these two guys to be treated differently simply because they got high at different times. When the dust finally settles, the suspension dates (or when the appeals were finally decided) will be the deciding factor, not when they toked up.