Twitter: Update: Gregory appeal hearing is going forward in NY today - Post #135

[tyke1doe]

Are you saying Randy refused to take the drug test? They would have needed to either A) come to the facility it was in, or B) required him to come to their facility during his weekend release.

I don't know what he did. But the NFL looks and treats not taking a test the same as missing a test or refusing to take a test. That much I know based on what has occurred in the past when a player missed a test.

So the question is, WHEN AND WHERE was the said test scheduled.

None of us know. That's why he's appealing the test. My issue isn't that, however.

My issue is with those thinking that Gregory is going to be able to appeal to the Courts and that he's going to be successful when he appeals.

Again, the only way I see the Courts even listening to his case is if the NFL has no policy or procedure regarding a player who misses a test because he's in a drug rehab facility or for any reason.

If it has a policy governing this, no matter how silly we may think it is, the Courts aren't going to get involved and will likely refuse to hear the case or dismiss it.

In summary, if Gregory was supposed to meet with the NFL to take the test while he was in rehab per NFL policy, he's screwed and the Courts aren't going to give him much relief.

 

[Don Corleone]

Probably but there's also the possibility that they will take their time in deciding the outcome. People are assuming they decide yes or no right on the spot and they might but they could also wait and announce it after the playoffs.

Appeals are usually decided the same day...

 

[Cowboys22]

By the way, do you know if the NFL has a procedure for testing players in rehab?

If the NFL does not address this in its rules and policies, Gregory MAY have a case. But I doubt he does. The NFL has some of the best, high-priced lawyers in the country - as most multi-million dollar companies do. If the NFL is requiring a player to be tested while in a rehab facility, you can bet your bottom dollar that the NFL has a procedure which requires the player to accommodate the request.

With all due respect, Gregory's attempt (as described by some here) sounds childish, like my son who tries to get out of his chores by telling his mother and I he didn't hear us when we told him to clean his room before he leaves the house.

"I know I was supposed to take a drug test, but I was in rehab and couldn't get out to take it."

You are leaving out the important part that points to the confusion. He had permission to leave the facility for a weekend and then the NFL changed the date of his test at the last minute. If those two things are true there is room in there for confusion and mistakes in policy to have been made. It may be unlikely but it doesn't appear that he had a test scheduled and just decided to skip it. If that was the case, I doubt the nflpa would take up the appeal.

 

[YosemiteSam]

None of us know. That's why he's appealing the test. My issue isn't that, however.

My issue is with those thinking that Gregory is going to be able to appeal to the Courts and that he's going to be successful when he appeals.

Again, the only way I see the Courts even listening to his case is if the NFL has no policy or procedure regarding a player who misses a test because he's in a drug rehab facility or for any reason.

If it has a policy governing this, no matter how silly we may think it is, the Courts aren't going to get involved and will likely refuse to hear the case or dismiss it.

In summary, if Gregory was supposed to meet with the NFL to take the test while he was in rehab per NFL policy, he's screwed and the Courts aren't going to give him much relief.

The important aspects here are when and where. If those two items have a discrepancy. Then appealing to the courts will have merit.

 

[tyke1doe]

You are leaving out the important part that points to the confusion. He had permission to leave the facility for a weekend and then the NFL changed the date of his test at the last minute. If those two things are true there is room in there for confusion and mistakes in policy to have been made. It may be unlikely but it doesn't appear that he had a test scheduled and just decided to skip it. If that was the case, I doubt the nflpa would take up the appeal.

And you heard this from whom exactly?

 

[Don Corleone]

And you heard this from whom exactly?

The changing of the test date was reported by either Fisher or Archer. I don't know about the leaving the facility part.

 

[tyke1doe]

The important aspects here are when and where. If those two items have a discrepancy. Then appealing to the courts will have merit.

Not necessarily. Again, the NFL may have provisions, i.e., in the event of a missed test, a player must immediately contact the NFL and reschedule the test in X hours.

If it did set out provisions (and I've been around enough legal stuff to know that companies cover themselves pretty well), then Gregory won't have a leg to stand on legally.

But we shall see.

 

[Manwiththeplan]

You are leaving out the important part that points to the confusion. He had permission to leave the facility for a weekend and then the NFL changed the date of his test at the last minute. If those two things are true there is room in there for confusion and mistakes in policy to have been made.

I would love this to be true, but I don't think any of this stuff has been reported. Maybe you know someone, but I just don't remember any of this being reported

It may be unlikely but it doesn't appear that he had a test scheduled and just decided to skip it. If that was the case, I doubt the nflpa would take up the appeal.

The nflpa *HAS* to take up the appeal. I know Greggory's 10 game suspension was not appealed and that was because Greggory decided to drop it. Maybe he dropped it because he knew he'd lose it and thought that maybe he had a better chance to win this one, I don't know, but if Greggory is a go for fighting the nflpa has to go with it, it's how unions typically work.

 

[Cowboys22]

And you heard this from whom exactly?

I read months ago in an article that the missed test occurred on a weekend when he had permission to leave the rehab facility. The part about the date change was brought up in this thread. Not sure where that info originated and that should why I prefaced my point with if those two things are true because no one knows exactly what happened. What we do know is that there appears to have been a lot of confusion and the nflpa agreed to take up,the appeal.

 

[Manwiththeplan]

Appeals are usually decided the same day...

maybe, but typically not announced right away. I think we'll know on Monday, since teams normally start practicing on Tuesday.

 

[Joe Realist]

Gregory is as good as gone. Glad I got to see his career sack in person.

 

[drawandstrike]

Somewhere, Mara's screaming ... "Nooooooooooooooooooo!"

 

[xwalker]

I don't know what he did. But the NFL looks and treats not taking a test the same as missing a test or refusing to take a test. That much I know based on what has occurred in the past when a player missed a test.



None of us know. That's why he's appealing the test. My issue isn't that, however.

My issue is with those thinking that Gregory is going to be able to appeal to the Courts and that he's going to be successful when he appeals.

Again, the only way I see the Courts even listening to his case is if the NFL has no policy or procedure regarding a player who misses a test because he's in a drug rehab facility or for any reason.

If it has a policy governing this, no matter how silly we may think it is, the Courts aren't going to get involved and will likely refuse to hear the case or dismiss it.

In summary, if Gregory was supposed to meet with the NFL to take the test while he was in rehab per NFL policy, he's screwed and the Courts aren't going to give him much relief.

Many reports indicate that the process involved with drug testing in the NFL is not one that was well implemented.

Just use the NFL website or All-22 or ask the people that didn't get seats to the Super Bowl in Dallas and you'll know they don't always do things in an optimal way.

 

[tyke1doe]

The changing of the test date was reported by either Fisher or Archer. I don't know about the leaving the facility part.

And they likely got it from Gregory, Jones or Gregory's former legal counsel, i.e., all the parties with a vested interest in seeing Gregory not suspended for a year.

At any rate, we'll see what the deal really is shortly.

 

[LittleBoyBlue]

Probably but there's also the possibility that they will take their time in deciding the outcome. People are assuming they decide yes or no right on the spot and they might but they could also wait and announce it after the playoffs.

Thank you.

I would really like him in there with his fresh legs.
DLaw, Irving....

 

[tyke1doe]

I read months ago in an article that the missed test occurred on a weekend when he had permission to leave the rehab facility. The part about the date change was brought up in this thread. Not sure where that info originated and that should why I prefaced my point with if those two things are true because no one knows exactly what happened. What we do know is that there appears to have been a lot of confusion and the nflpa agreed to take up,the appeal.

Fair enough. I'm going to just wait and see what happens, but I don't have a good feeling about this.

 

[tyke1doe]

Probably but there's also the possibility that they will take their time in deciding the outcome. People are assuming they decide yes or no right on the spot and they might but they could also wait and announce it after the playoffs.

That would be the fairest thing to do. Why let him play then rule him ineligible for the reason of the year?
Furthermore, a one-year suspension should be served in the year of the season. If it starts this season, then it will bridge two seasons not one.

 

[Tabascocat]

So, what time do we expect to hear that he has been suspended?

 

[_sturt_]

It's 5 o'clock somewhere.

 

[Carson]

So, what time do we expect to hear that he has been suspended?

My guess is closer to when we play next week lol