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Josh Gordon suspend for the 2014-2015 NFL Season


TKnight24

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His only hope is to file an injuction which puts the suspension on hold til a judge decides.  So he plays this season anyways, the judge will rule like typical US courts do in these drug cases and rule in favor of Gordon.  He fails test A, if test B passes, retest it, if it passes then its a passed test and he wins.

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I don't feel bad or sorry for him at all.  He brought this on himself and the only person he can blame is himself

Dude it was second hand smoke it is really his posse's fault for smoking so much when they knew he was around..... if they league bought the second hand story that would have been almost as bad as letting Ray Rice beat a women and be allowed to represent the league

 

Of course I had Gordon on my fantasy team last year makes picking my keepers easier and I am thankful they finally made it official draft Sunday.

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Dude it was second hand smoke it is really his posse's fault for smoking so much when they knew he was around..... if they league bought the second hand story that would have been almost as bad as letting Ray Rice beat a women and be allowed to represent the league

Of course I had Gordon on my fantasy team last year makes picking my keepers easier and I am thankful they finally made it official draft Sunday.

I think its pretty safe to say it wasn't second hand smoke

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I think his NFL career is over. There's no way he stays sober for an entire year. Too much idle time. A better way would be to mandate that he go to drug classes and such while letting him play. And then give him random tests during the season. I think there's a better chance he would have success that way. With the way they're doing it, he's probably depressed and maybe kind of hopeless. He needs discipline in his life, but it needs to be constructive and regimented.

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His only hope is to file an injuction which puts the suspension on hold til a judge decides.  So he plays this season anyways, the judge will rule like typical US courts do in these drug cases and rule in favor of Gordon.  He fails test A, if test B passes, retest it, if it passes then its a passed test and he wins.

 

It could go that way, but it is a big step to override private arbitration.  Then again, the NFL has handled their end poorly and slowly all along.  So it may give reason to circumvent the ruling a the court issue a new stance.  We'll have to see.  And will Gordon even file?   Hmmmm...

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I think his NFL career is over. There's no way he stays sober for an entire year. Too much idle time. A better way would be to mandate that he go to drug classes and such while letting him play. And then give him random tests during the season. I think there's a better chance he would have success that way. With the way they're doing it, he's probably depressed and maybe kind of hopeless. He needs discipline in his life, but it needs to be constructive and regimented.

He'll most likely be done in short order.  Being a level 3 offender (as of this moment anyway) of the substance abuse policy, he could (nd might) be tested for THC every other day or sooner for a year, especially if he gets an injunction and can play while case awaits hearing by a judge.  This guy can't lay off the Ganja and Incognito can't stay un-mad on a football team.

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His only hope is to file an injuction which puts the suspension on hold til a judge decides.  So he plays this season anyways, the judge will rule like typical US courts do in these drug cases and rule in favor of Gordon.  He fails test A, if test B passes, retest it, if it passes then its a passed test and he wins.

He has to demonstrate liklihood of success on the merits to get the injunction.  A federal court will only vacate the arbitation decision for a handful of reasons - fraud, corruption, or prejudicing the rights of the appellant by refusing to hear evidence or something like that.  They don't look at the evidence a new as if it were a new trial court.  I just don't see Gordon winning anything based on the available information.

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It could go that way, but it is a big step to override private arbitration.  Then again, the NFL has handled their end poorly and slowly all along.  So it may give reason to circumvent the ruling a the court issue a new stance.  We'll have to see.  And will Gordon even file?   Hmmmm...

That would only be possible if Gordon can show damages.  But he's been going about his business as if he wasn't suspended, so I don't see what he's lost by reason of having the ruling take so long. 

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He has to demonstrate liklihood of success on the merits to get the injunction.  A federal court will only vacate the arbitation decision for a handful of reasons - fraud, corruption, or prejudicing the rights of the appellant by refusing to hear evidence or something like that.  They don't look at the evidence a new as if it were a new trial court.  I just don't see Gordon winning anything based on the available information.

 

I trust your statement on the federal matter. But, what if Gordon files a lawsuit with the clerk of the Cuyahoga County Court of Common Pleas, the state court in Cleveland, Ohio and simultaneously asks to file suit for a temporary restraining order against the NFL; a-la Star-caps style?  Here's a guy that thinks that will happen, and what can and might go down from there-

 

http://fieldandcourt.com/component/k2/item/246-what-to-expect-if-josh-gordon-loses-his-appeal.html

 

So I'm not clear what will happen.  Just see both sides, and don't which way the pendulum will swing here.

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Dude it was second hand smoke it is really his posse's fault for smoking so much when they knew he was around..... if they league bought the second hand story that would have been almost as bad as letting Ray Rice beat a women and be allowed to represent the league

 

Of course I had Gordon on my fantasy team last year makes picking my keepers easier and I am thankful they finally made it official draft Sunday.

You could flip that and say its his own fault for being around his posse while he knew they were smoking.

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He'll most likely be done in short order.  Being a level 3 offender (as of this moment anyway) of the substance abuse policy, he could (nd might) be tested for THC every other day or sooner for a year, especially if he gets an injunction and can play while case awaits hearing by a judge.  This guy can't lay off the Ganja and Incognito can't stay un-mad on a football team.

 

I thought it was up to ten times a month...

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I trust your statement on the federal matter. But, what if Gordon files a lawsuit with the clerk of the Cuyahoga County Court of Common Pleas, the state court in Cleveland, Ohio and simultaneously asks to file suit for a temporary restraining order against the NFL; a-la Star-caps style?  Here's a guy that thinks that will happen, and what can and might go down from there-

 

http://fieldandcourt.com/component/k2/item/246-what-to-expect-if-josh-gordon-loses-his-appeal.html

 

So I'm not clear what will happen.  Just see both sides, and don't which way the pendulum will swing here.

Interesting.  That was under the old CBA, and I'd have to dig into OH law a little more to really give a decent analysis. 

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I don't feel bad or sorry for him at all.  He brought this on himself and the only person he can blame is himself

Agreed. I'm tired of everyone wanting to crucify celebrities when they get in trouble with the law, but then when its an athlete its always "lets get this guy some help" or "it was out of his character". I hope he and Blackmon never see another snap in the NFL. I'd love to say the same for Ray Rice but he's safe for now.

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I trust your statement on the federal matter. But, what if Gordon files a lawsuit with the clerk of the Cuyahoga County Court of Common Pleas, the state court in Cleveland, Ohio and simultaneously asks to file suit for a temporary restraining order against the NFL; a-la Star-caps style? Here that thinks that will happen, and what can and

http://fieldandcourt.com/component/k2/item/246-what-to-expect-if-josh-gordon-loses-his-appeal.html

So I'm not clear what will happen. Just see both sides, and don't which way the pendulum will swing here.

ok after doing some diggin...and for the record, I'm no expert on OH law, but the author of the article you posted appears to have a decent argument. That being said, I don't think it helps Gordon.

remember that the wiiliams bros both ultimately lost. So at best, the starcaps defense is a delay tactic...and it works against Gordon, really. He has 2 years left on his deal and has the DWI case pending, which will put him in the same position as the positive test. So I think he reallystands nothing to gain. Get a year in nNovember for dwi, or take your year now and the DWI doesn't really add much as far as your nfl ban because you have to apply for reinstatement either way.

That being said...the starcaps issue does work in his favor, but only if they apply Ohio law, which could happen I suppose. Its difficult to know how a judge will rule based on a Minnesota lawsuit. If I'm his lawyer, I say take the suspension now and live to play in your ccontract year. Better than dragging it out and find yourself with noteam to play for because no onewould sign you as a free agent for fear that youd be suspended while under contract. He will either get a crap deal wghile waiting for resolution or he will get cut for being overpaid on a 3 year deal that's effectually 2 years.

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You could flip that and say its his own fault for being around his posse while he knew they were smoking.

I was being sarcastic you don't test positive for weed from second hand smoke who's buying that?  What was it at least his 4th failed for him to get a yr? This time it was second hand smoke sounds like some nonsense a teenager would come up with.

 

It sucks because he put up the points with crap at QB for most of the year but with Hoyer he was good for a 100 and a score every week. He put me over the top last year. Now I won't be able to keep him probably resulting in someone else getting the player I found in next years draft. I hate that I prefer dynasty leagues or 3 keepers at least not a fan of redrafts. Anyone with $5 or internet access can draft a good team. End fantasy rant sorry I know you didn't want all that but thanks for letting me vent. Are you or have you ever considered counseling? I feel a lot better.

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I think his NFL career is over. There's no way he stays sober for an entire year. Too much idle time. A better way would be to mandate that he go to drug classes and such while letting him play. And then give him random tests during the season. I think there's a better chance he would have success that way. With the way they're doing it, he's probably depressed and maybe kind of hopeless. He needs discipline in his life, but it needs to be constructive and regimented.

No. Absoluetly not. He needs to be out of the NFL for awhile..

...Playing football may be part of his problem..he has to be removed from the life pattern he's in

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I thought it was up to ten times a month...

 

No, I don't think so... not for substance abuse.  This is where it gets tricky, once you test positively for any of the recreational substances, it's game over—effective immediately. That player needs to basically be ready to pee in any cup, any time, anywhere as mandated by the NFL's medical officers. Period, end.

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I trust your statement on the federal matter. But, what if Gordon files a lawsuit with the clerk of the Cuyahoga County Court of Common Pleas, the state court in Cleveland, Ohio and simultaneously asks to file suit for a temporary restraining order against the NFL; a-la Star-caps style?  Here's a guy that thinks that will happen, and what can and might go down from there-

 

http://fieldandcourt.com/component/k2/item/246-what-to-expect-if-josh-gordon-loses-his-appeal.html

 

So I'm not clear what will happen.  Just see both sides, and don't which way the pendulum will swing here.

Thanks for the article CBFL. It was a good read BTW. 

 

I learned more about NFL urine samples than I ever wanted to know, but so be it.

 

Favorite parts of the article are as follows: 

 

"Gordon will file a request for a temporary restraining order against the NFL. No, this isn’t what your crazy ex-girlfriend filed against you for calling her too much...Gordon isn’t asserting he is immune from the NFL’s discipline for violations of the policy. He’s arguing (or should be) there simply was no violation." 

 

Thanks again for the easy to follow breakdown of the Josh Gordon situation. I appreciate it CBFL.  :thmup:

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No, I don't think so... not for substance abuse.  This is where it gets tricky, once you test positively for any of the recreational substances, it's game over—effective immediately. That player needs to basically be ready to pee in any cup, any time, anywhere as mandated by the NFL's medical officers. Period, end.

 

http://images.nflplayers.com/mediaResources/files/PDFs/PlayerDevelopment/2010%20Drug%20Policy.pdf

 

On page 14, it states a player in Stage One can be tested as many times as the discretion of the Medical Director calls for. But as you read the testing policy in Stages Two and Three, it states that a player can only be tested up to 10 times per calender month. I'm not sure what I'm missing, but it wouldn't seem like Stage One participants would be tested more often than more advanced stage participants. But if Gordon is Stage Three, he can only be tested 10 times a month. Again, I'm missing something, so maybe my interpretation is wrong...

 

However, 10 times a month is basically every third day, if the Medical Director says so. Or 10 days in a row, if he says so. Or 20 days in a row, the last 10 days in one month and the first 10 days in the next month. That might qualify as "any time, anywhere," depending on how you look at it. (It also doesn't say anything about testing only once per day. Could have him tested at 5PM, and again at 9PM.

 

Doesn't say "random" drug testing, either. So maybe McAfee's test after laying out Trindon Holliday last year was more than a coincidence...

 

If this is accurate, I don't understand why a player would risk it, after already having been busted and being subject to testing at any moment.

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No, I don't think so... not for substance abuse.  This is where it gets tricky, once you test positively for any of the recreational substances, it's game over—effective immediately. That player needs to basically be ready to pee in any cup, any time, anywhere as mandated by the NFL's medical officers. Period, end.

I'd love to see the Commissioner's face if you said "Roger, how can you discipline any player if we have no idea that nothing illegal is floating around in your bloodstream right now? What's good for the goose is good for the gander man. Equal standards for everybody. You follow me Mr. Goodell.

 

He'd never agree to it nor is he obligated to do so, but I'd still love to gage his bewildered & dumbfounded reaction in person though.  haha

 

I just like throwing people a surprise ball completely out of left field I guess. I've always been that way. It's in my own DNA/personality.

 

Chalk it up to how to make friends & influence people. Hey, I never said that SW1 was a good influence on people. Just kidding! 

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http://images.nflplayers.com/mediaResources/files/PDFs/PlayerDevelopment/2010%20Drug%20Policy.pdf

 

On page 14, it states a player in Stage One can be tested as many times as the discretion of the Medical Director calls for. But as you read the testing policy in Stages Two and Three, it states that a player can only be tested up to 10 times per calender month. I'm not sure what I'm missing, but it wouldn't seem like Stage One participants would be tested more often than more advanced stage participants. But if Gordon is Stage Three, he can only be tested 10 times a month. Again, I'm missing something, so maybe my interpretation is wrong...

 

However, 10 times a month is basically every third day, if the Medical Director says so. Or 10 days in a row, if he says so. Or 20 days in a row, the last 10 days in one month and the first 10 days in the next month. That might qualify as "any time, anywhere," depending on how you look at it. (It also doesn't say anything about testing only once per day. Could have him tested at 5PM, and again at 9PM.

 

Doesn't say "random" drug testing, either. So maybe McAfee's test after laying out Trindon Holliday last year was more than a coincidence...

 

If this is accurate, I don't understand why a player would risk it, after already having been busted and being subject to testing at any moment.

 

You're right.  Level 1 is anytime, anywhere.  Level 2 and 3 the person is in treatment, and should not need more than 10 tests /month. Those can be done on any day(s) as seen fit the Med director.

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Superman is always good at backing up his claims with factual evidence or relevant documents. I respect that about him. Plus, he gives you his thesis & then let's the audience read the document or article & confirm that point of view on the audience's members own time or leisure. 

 

I may joke around a lot but at the end of the day I respect Superman because he doesn't preach or brag. He just guides you to the independent evidence, meaning he didn't create it himself, & he allows the viewer to draw their own conclusions. Your PDF article & balanced commentary on this page illustrate's that very point as a matter of fact. 

 

That empirical approach leads to a honorable following & trust among your countless readers on the forum. Well done Superman! I'm a firm believer in telling individuals what they do exceptionally well. 

 

No, I am not seeking accolades or praise myself. I just prefer acknowledging good writers & good thinkers out in a positive public way that's all. Nothing more; nothing less. 

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Dude it was second hand smoke it is really his posse's fault for smoking so much when they knew he was around..... if they league bought the second hand story that would have been almost as bad as letting Ray Rice beat a women and be allowed to represent the league

 

Of course I had Gordon on my fantasy team last year makes picking my keepers easier and I am thankful they finally made it official draft Sunday.

Are you serious? Second hand smoke does not come up with a high saturation.

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Are you serious? Second hand smoke does not come up with a high saturation.

of course I am not serious it was sarcasm dude has been popped at least 3x this time it was second hand smoke this time  yeah blowing shotguns with joint is his definition of second hand smoke

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Superman is always good at backing up his claims with factual evidence or relevant documents. I respect that about him. Plus, he gives you his thesis & then let's the audience read the document or article & confirm that point of view on the audience's members own time or leisure. 

 

I may joke around a lot but at the end of the day I respect Superman because he doesn't preach or brag. He just guides you to the independent evidence, meaning he didn't create it himself, & he allows the viewer to draw their own conclusions. Your PDF article & balanced commentary on this page illustrate's that very point as a matter of fact. 

 

That empirical approach leads to a honorable following & trust among your countless readers on the forum. Well done Superman! I'm a firm believer in telling individuals what they do exceptionally well. 

 

No, I am not seeking accolades or praise myself. I just prefer acknowledging good writers & good thinkers out in a positive public way that's all. Nothing more; nothing less. 

 

Yes he does, as do I typically.  We both use the NFLPA copies of the Steroid and Substance abuse policies when we address items of this nature. But I just did not remember from memory the testing frequency changed once a player was caught and entered into an intervention program. It does make sense, to a degree, and Superman does describe the potential for a level2 or level 3 player to be tested up to 20 days in a row if necessary, without violating the 10/month stipulation.

 

BTW, the other policy is-

 

http://images.nflplayers.com/mediaResources/files/PDFs/PlayerDevelopment/2010%20Steroid%20Policy.pdf

 

And the banned substances list is appendix A of it-

 

http://images.nflplayers.com/mediaResources/files/Banned%20Substance%20List.pdf

 

The interesting fact is, once the season begins, only ten players off each teams roster of 53 will be tested per week.  And then, only for PED's, not recreational substances listed in the policy that Superman gave a link to.  Unless, you have already test positive previously for substance abuse (like THC, etc...).  Then those offenders are on a list get the anytime, anywhere treatment (1st offense). Even during the season,  unlike the other players above. Once caught again, suspension and intervention comes into play.  That's when the 10/month max comes into play.  But after that very first positive test, that player is forever on the 'list' and can be tested for anything and anytime, within the limits Superman pointed out in the policy.  Moral of story, don't ever do recreation drugs at all from March until the end of training camp and stay off the 'List'.  Once the season begins, you can smoke as you see fit, because you will only be tested for PED's.  Once you're on the 'list' you are skating on thin ice the rest of you career.

 

But I do see changes to the weed policy imminent and HGH testing to be incorporated somehow.

 

http://www.si.com/si-wire/2014/05/13/nfl-drug-policy-change-regarding-marijuana

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I was being sarcastic you don't test positive for weed from second hand smoke who's buying that?  What was it at least his 4th failed for him to get a yr? This time it was second hand smoke sounds like some nonsense a teenager would come up with.

 

It sucks because he put up the points with crap at QB for most of the year but with Hoyer he was good for a 100 and a score every week. He put me over the top last year. Now I won't be able to keep him probably resulting in someone else getting the player I found in next years draft. I hate that I prefer dynasty leagues or 3 keepers at least not a fan of redrafts. Anyone with $5 or internet access can draft a good team. End fantasy rant sorry I know you didn't want all that but thanks for letting me vent. Are you or have you ever considered counseling? I feel a lot better.

haha my bad, missed the sarcasm. 

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Not intending to derail this conversation in anyway, but this country's laws in regards to cannabis, its benfit/detriment to society, and levied punishment is as out of whack as nearly any law that is out there. And no, I don't get high.

But they allow doctors and pharmaceutical companies to push vicodin and oxy to people like it's free candy

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