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It is more likely it will be a difficult appeal and reversal (or reduction) of the suspension. Any standard business policy for drug and/or substance abuse establishes the individual as guilty until proven innocent. In the NFL's case, a player is automatically guilty if a prohibited substance is found in a positive test.but if hes been taking it since TB and KC why would he get suspended for taking it in Dallas?
there are league wide policies in reference to PEDs not team by team policies
thats an easy appeal and win....and soon as i win my appeal i'd call the league a bunch of goof balls on air and take the fine
The league's PES policy can be reviewed at this link. Here is a relevant passage found on page 17:
A Player is not in violation of the Policy if the presence of the Prohibited Substance in his test result was due to no fault or negligence on his part (e.g., despite all due care, he was sabotaged by a competitor or was administered a Prohibited Substance during an emergency procedure without the opportunity to give consent). The Player has the burden of establishing this defense and must offer objective evidence in support of his claim. For example, a Player cannot satisfy his burden merely by arguing that he: (i) did not intentionally use a Prohibited Substance; (ii) was given the substance by a Player, doctor, trainer, family member or other representative; (iii) took a mislabeled or contaminated product; or (iv) took steps to investigate whether a product contained a Prohibited Substance.
Ronald Jones has already stated publicly that he takes heart medication. The policy immediately judged him as guilty if the medication is listed as a prohibited substance. The policy does not care if a prohibited substance is prescribed by a medical professional, with the lone exception of a single stimulant, Pseudoephedrine. Even that lone exception has an added stipulation that it must be prescribed by a team doctor.
Jones' alleged medication is listed in the policy as a masking agent/diuretic, not a stimulant.
This is just my opinion. Jones' best defense will be that he voluntarily disclosed his medically prescribed substance to either his previous teams' doctors or the Cowboys' doctor. Those physicians would have entered that information into his medical records owned by those franchises. That would establish the medical necessity of the prohibited substance officially. The official entry is evidence Jones can argue the prohibited substance was for medically necessary reasons and not for performance enhancing purposes.
Even that will not shorten the arbitration and appeals process much but maybe by a little. He is still guilty according to the policy but his argument is strengthened by proving his health was the only mitigating factor for the positive test.
That would be an objective conclusion and not a subjective one. The league could easily find itself hit with a legal challenge if it enforced discipline or extended discipline while it was knowingly aware that the prohibited substance was approved by a medical professional for health purposes only. That is where the existence of a medical record entry comes into play.