News: What, Exactly, Is Going On With The Randy Gregory Suspension?

CCBoy

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What, Exactly, Is Going On With The Randy Gregory Suspension?

http://www.bloggingtheboys.com/2016...is-going-on-with-the-randy-gregory-suspension


...The Management Council may publicly announce or acknowledge disciplinary action against a Player when a suspension is upheld or if the allegations relating to a Player’s violation of the Program previously are made public through a source other than the Management Council or a Club (or their respective employees or agents).

In other words, NFL personnel can only speak towards a suspension that has already been upheld. So the four-game suspensions announcement was not a reflection of a decision by the NFL on the latest violation (reportedly a missed test because of Gregory's inpatient rehab), but rather a formal announcement of the suspension which was first reported earlier in the year. The reported ten-game suspension for a further alleged violation will not be confirmed by the NFL until the appeal process is completed. I think this policy is part of the problem. The league should formally announce that players have been charged with a violation and that the appeals process is ongoing. Allowing people to speculate about players situations does more harm than good to player privacy and reputation, both, in my opinion. Of course, I am not a lawyer, but the current situation seems bad for the player, to me.

But what is actually happening and why is Gregory where he is?

Gregory had a positive test at the Combine. That means he entered the NFL in drug treatment program stage one. According to the NFLPA policy (linked here for reference), stage one involves a medical treatment plan and testing at the determination of the medical director. Stage one last 90 days but may be extended to 180 days by the medical director, under consultation with the medical adviser. During stage one, the medical director has sole authority to determine what is a failure to comply and assess a three-week fine. Because Gregory entered due to a positive test, he immediately moves into stage two at the completion of stage one.

Stage two personnel are subject to unannounced testing not to exceed ten times a month. To put that in perspective, that's as a much as every three days, with no warning. If it was one of these tests that Gregory (reportedly) missed to earn the extended suspension by entering rehab, one would hope there will be leniency as it seems unlikely that he would've had much notice of the test. Also this test is for any substance of abuse, including alcohol if the medical director so chooses. A player's first violation while on stage two results in a four week fine if the player had successfully completed stage 1, and a four-game suspension without pay if not. It's unclear whether Gregory received a fine or if his four-game suspension was his first test violation during stage two. This is an important point, as it is unclear whether Gregory's automatic inclusion in stage two indicates a similarly automatic failure to complete stage one successfully.

This is because the second violation under stage two is a four-game suspension if he was previously fined, but a six-game suspension if he was previously suspended under stage two. With all the misunderstandings surrounding Gregory's situation, I am not at all certain whether his "ten-game suspension" is actually a result of a stage three violation and not a result of two stage two violations. In fact I am pretty sure that no one knows. Here's why:

Under the policy there is only one ten-game suspension listed: for a positive marijuana test while on stage three. If he was in stage three and missed a test (by definition, NOT a positive test for marijuana) he should be facing a minimum one-year banishment with allowed reinstatement after criteria are met. Furthermore, the policy states that if the first violation in stage two is a positive marijuana test, then the punishment is a two week fine, with subsequent stage two violations causing a four week fine,then a four-game suspension and advancement to stage three.

The narrative that has grown up around Randy Gregory is that "he just can't lay off the ganja" and has failed two tests for marijuana since the combine and then, according to David Moore of the Dallas Morning News, missed a third while in rehab causing the ten game trigger. This cannot possibly be the case as the NFLPA policy does not allow for a ten game suspension for anything other than a positive marijuana test.

Here are the possibilities:

He successfully completed stage one, tested positive for marijuana, received a two-week fine, subsequently tested positive or missed a test to receive a four-game fine and then again for the four-game suspension, and then missed the reported test. In this case he is looking at banishment.

He was considered unsuccessful in stage one for any of a variety of reasons, missed or failed a test to receive the four-game suspension, and then missed the reported test. In this case he is looking at an additional six games added to his four, which might be where the "ten game" idea is from. Indeed, Moore's piece from July reads as if this is the case, as he specifically discusses the possibility of adding six games to the four which were just confirmed.

He successfully completed stage one, was fined for either a pair of positive marijuana tests, a test for something other than marijuana, or a missed test, was suspended four games for a subsequent missed or positive test, and then tested positive for marijuana one more time. This is the ONLY possible case where he is looking at an actual ten-game suspension in addition to the four game suspension.

It's worth noting there is NO provision for a ten-game suspension for a missed test. Either the report that his latest error is a missed test or the report that he is facing a ten-game suspension must be wrong. Moore intimates that this is a matter of NFL discretion, but that is not the case. From the NFLPA policy:

(c) Ten-Game Suspension for Marijuana
If a Player’s first Positive Test Result after being advanced to Stage Three is for marijuana, the Player shall be suspended without pay for ten (10) regular season and/or postseason games (including the Pro Bowl, if selected). For any subsequent violation (i.e., failure to comply with Treatment Plan; failure to cooperate with testing, treatment, evaluation or other requirements imposed by this Policy; or a Positive Test Result for any substance), the Player shall be banished as set forth in Paragraph(b) above.

This is literally the only reference to a ten-game suspension in the entire policy apart from a legal conviction. But the stage two rules do show a "four plus six" scenario:

Second Violation:
A Player who has a second violation in Stage Two will be subject to:
1.A suspension without pay of four (4) regular and/or postseason games (including the Pro Bowl, if selected) if he was previously fined for Stage Two noncompliance;

or

2.A suspension without pay of six (6) regular and/or postseason games (including the Pro Bowl, if selected) if he was previously suspended [four games] for Stage Two noncompliance;

and

3.Advancement to Stage Three

It appears likely that this is actually where Randy Gregory is: a second suspension for noncompliance with stage two adding six games to his existing four game suspension. This additional six games is presumably what is under appeal and also presumably the result of the reported missed test during rehab.

Thanks to the clumsy attempts to protect player confidentiality, we may never know what actually happened. The NFL will not comment officially on drug testing except to say that a suspension has been imposed, after appeal. So what we *know* is that Gregory is serving a four-game suspension. What seems likely is that he missed a test immediately after entering rehab, could receive six more games because of it, and that that situation is under appeal/review by the league. Meanwhile, Gregory is cleared to report on October 3rd.

For now.

Disclosure and caveat: I am not a lawyer. This is strictly my interpretation of the NFLPA drug policy as published.
 

MileyDancer

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What exactly has Gregory done for everyone to act like him missing games is so detrimental?
 

MSCowboyFan

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What exactly has Gregory done for everyone to act like him missing games is so detrimental?

Fair question. I never wanted to draft him in the first place...NOT because he is a smoker but because he wasn't that good.
 

perrykemp

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Thanks for the writeup. While it doesn't provide concrete answers, it sure helps provide some clarity on <what> might be going on with the suspension length.

Wherever Gregory is, I hope he has access to workout facilities and a nutritionist.

Missing all of training camp is a big blow.
 
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thanks for posting but this did not really give me the clarity I was hoping on this ever convoluted topic. What I did gather....I think.....he failed a drug test at the combine, we drafted him in the 2nd round and he entered the NFL at stage 1 and suspended the first 4 games...hmmm

The rest is just as ambiguous as always other than it looks like his suspension is 4-10 games, NOT 14 and that the additional 6 games is currently being appealed.
 

Nightman

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Option1- he was in Stage 2 and missed/failed a test and had 6 games added to his original 4 games and is appealing

Option2- he was in Stage 3 and failed a test and got 10 more games in addition to the original 4 and is appealing

Option3- he was Stage 2 and went to rehab on advice of the counselor and won any appeal and will only receive the original 4 game suspension
 

CCBoy

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Don't know what is easier to interpret...Gregory suspension, or the tax laws....I'll take my chances on the tax laws to figure out...

At least with tax laws, one can call the IRS...not with NFL problems.
 

CCBoy

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Dallas Cowboys owner Jerry Jones said there is a chance suspended defensive end Randy Gregory could be available after Week 4 if he wins his appeal of an additional 10-game suspension.

The appeal of the 10-game suspension has not yet been heard by the NFL. Gregory is already suspended for the first four games of 2016 for violating the league’s substance abuse policy.

"Yes. That's the reason for the appeal process without sounding curt here,” Jones said Tuesday on his radio show on 105.3 The Fan. “Absolutely. Now, I don't want to get out and sound in any way that might influence his ability to appeal it. But he's doing the things he should be doing as of right now. And that gives him a chance."

Jones said the Cowboys still have Gregory in their contingency plans for this season but are hamstrung by the NFL’s slow appeals process.

The Cowboys don’t know when the appeal will be heard or if it will even come before Sunday’s season opener, let alone the fourth game of the season.

But Jones said those are things you have to deal with when you allow yourself to get into the league’s substance abuse program.

“This is a well known process,” Jones said. “It goes with the territory. If you get in, if you're a player or you're a team with a player and you get in this world of appeals and you're in the program and those things happen, then get ready for the ambiguity. You condition yourself to this and you make decisions accordingly."...



Read more here: http://www.star-telegram.com/sports...rner-blog/article100146277.html#storylink=cpy
 

Doomsday101

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All I know is the league office is not going to say anything until the appeals process is complete per CBA agreement. All reports right now seem to be premature. Just have to sit and wait. In the meantime I just hope Gregory gets help and returns afterwards
 

big dog cowboy

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CATCH17

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Yeah and that's probably more than anyone on this team not named Lawrence.


We need him.

He's not a bad person or anything.

He's just a bit selfish imo. He's got a kid now too and he's risking a multi million dollar job for some ganja.

I know he has problems but marijuana can't be the only answer.
 

TheMarathonContinues

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We need him.

He's not a bad person or anything.

He's just a bit selfish imo. He's got a kid now too and he's risking a multi million dollar job for some ganja.

I know he has problems but marijuana can't be the only answer.

I just always question someone who'd risk millions for weed. That sounds like a junky..... Someone with a real problem.
 

Aven8

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Option1- he was in Stage 2 and missed/failed a test and had 6 games added to his original 4 games and is appealing

Option2- he was in Stage 3 and failed a test and got 10 more games in addition to the original 4 and is appealing

Option3- he was Stage 2 and went to rehab on advice of the counselor and won any appeal and will only receive the original 4 game suspension

I'll take option #3 for $1,000 Alex! :)

I don't see why they can't prescribe him some meds, Xanex, etc that when he feels the need to puff up, pop the pill to help with the anxiety. Of course if it's not on the banned substances list.
 

CCBoy

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Simply stated, we all don't need to over kill magnifying what are elements of failure. Especially when the bridge of value might additionally be rewalked at a later date.
 
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