Edelman Suspension Appeal

[supafly]

???

I was answering the questions by another poster. Is something unclear?

Nerd.

 

[Uptown]

 

[goheels22002]

This might be one of those cases where it's better to take the punishment.
The NFL and Goodell probably don't like to be embarassed or made to look like the idiots they are.
On the other had Edleman has a reputation to protect and may not want it tarnished by something the NFL has no clue as to what spiked the reading.

 

[KDPPatsfan85]

 

[DarrylS]

Generally I'm pretty cynical ( no shock to those who read my posts) and pretty much feel it's a done deal in Roger's kangaroo court that the appeal is just a formality and regardless of the evidence, he's suspended for 4 games...Article 46 and all
However, the PED rules are different and codified in the CBA or IIRC in an agreement between the NFLPA and the league leading to a requirement of real due process, not the Commissioner's version. So if Edelman can show that there lapses in chain of custody or the "unknown substance" is just unknown... he may have a chance, but it also depends on the language of the agreement between league and NFLPA regarding " unknown substances"... We'll see,,,,,

One of the things I read is that there have been other less publicized or not publicized appeals of suspensions in the past, in Edelman's case the info should have been kept confidential as well as the subsequent proceedings.. there have been reversals of suspensions that only a small circle know about.

 

[LaterGator]

Could the lack of confidentiality be part of the mishandling aspect?

 

[Mike the Brit]

I was just kidding. Your answers were very thorough and interesting... just very complicated stuff.

I thought @Palm Beach Pats Fan was dead clear. It's @Joker I have trouble understanding.

 

[Tunescribe]

It says his kodachrome was refracted by a themistular googoxboxlox and this lead to the heartbreak of guiltinosis.

The googoxboxlox is a misunderstood/errantly applied misnomer. In fact, it's irrelevant to effluent analysis overall. I believe a more pragmatic approach is called for.

 

[primetime]

CBA lets the NFL set the discipline. They also hear the appeals. And unless there was some procedural issue, there's no taking it to the NLRB or circuit based purely on the merits of the case. Edelman might see it reduced by a game, but he's going to be serving a suspension. He can try to argue the whole confidentiality thing but good luck.

 

[primetime]

This might be one of those cases where it's better to take the punishment.
The NFL and Goodell probably don't like to be embarassed or made to look like the idiots they are.
On the other had Edleman has a reputation to protect and may not want it tarnished by something the NFL has no clue as to what spiked the reading.

It's literally never better to take the punishment without appealing and at the very least the union is always going to have the player appeal. After that, the options become much more limited and the NFL gets to play judge, jury, and executioner. Both their discipline and their reversal or lessening of discipline on appeal has always seemed completely arbitrary.

 

[primetime]

For what it's worth, the NFL-NFLPA MOU on performance enhancing substances specifically allows only one remedy for a breach of confidentiality, a $500k fine levied against whoever caused the breach. It also allows the league office to acknowledge discipline after a breach of confidentiality has occurred. In other words, Edelman isn't going to win this on procedural grounds because this situation was accounted for in bargaining, and an appeal to the NLRB and circuit would be DOA.

 

[LaterGator]

NFL and NFPA agreed Policy on PEDs https://nflpaweb.blob.core.windows.net/media/Default/PDFs/Agents/2016PESPolicy_v2.PDF


2. ADMINISTRATION OF THE POLICY

2.1 Independent Administrator

The Policy is conducted under the auspices of the NFL Management Council. It will be directed by the Independent Administrator on Performance-Enhancing Substances.

(“Independent Administrator”), a person or entity to be jointly selected by the Parties and for whose compensation (salary) the Parties shall have equal responsibility

4. PROCEDURES IN RESPONSE TO POSITIVE TESTS OR OTHER EVALUATION


4.1 Notice to Player

Once a positive result is confirmed, the Independent Administrator will match the control identification number with the Player’s name, notify the Player in writing of the positive result and request that the Player call him to discuss the result.


9. ARBITRATION PANEL; APPEALS SETTLEMENT COMMITTEE

All appeals under Section 6 of this Policy shall be heard by third-party arbitrators not affiliated with the NFL, NFLPA or Clubs.


--------------------------------------------------
In other words the testing is independent. Only the player should be advised at first, and Roger Goodell and the NFL office would be excluded from the appeals process other than having agreed to policy including the punishments which are spelled out.

 

[ohiopatsfan]

Don't see much of a chance that Edelman gets the suspension overturned, based on Goodell's total authority on this matter. I am curious as to what the "unknown substance" was. Would be interesting if it turned out not to be a PED.

 

[LaterGator]

Don't see much of a chance that Edelman gets the suspension overturned, based on Goodell's total authority on this matter. I am curious as to what the "unknown substance" was. Would be interesting if it turned out not to be a PED.

It's independent authority.

 

[primetime]

In other words the testing is independent. Only the player should be advised at first, and Roger Goodell and the NFL office would be excluded from the appeals process other than having agreed to policy including the punishments which are spelled out.

The NFL gets a hand in choosing the arbitrator panel for appeals, and the arbitrator is going to be ruling on a decision the NFL league office already made. Usually it gets reduced by a game or something on appeal but very rarely is a suspension vacated. The NFL isn't going to let some arbitrator who's hostile to the league office sit on the panel, and they have the option to remove someone summarily.

 

[LaterGator]

The NFL gets a hand in choosing the arbitrator panel for appeals, and the arbitrator is going to be ruling on a decision the NFL league office already made. Usually it gets reduced by a game or something on appeal but very rarely is a suspension vacated. The NFL isn't going to let some arbitrator who's hostile to the league office sit on the panel, and they have the option to remove someone summarily.

Yes that's true as does the NFPA, in theory it should be a completely neutral party.

 

[XLIX]

There seems to be a great deal of confusion on this issue - including by me - so I'll just post what they are talking about on WEEI.

1) As @LaterGator writes above, the arbitrator is independent. This isn't Goodell making the decision.

2) A decision is expected by Thursday, July 5, at the latest. It could easily come sooner than that, perhaps even by the weekend.

 

[maust]

Don't see much of a chance that Edelman gets the suspension overturned, based on Goodell's total authority on this matter. .

Per the CBA Goodell has no authority in this matter. The arbitrator is supposed to be neutral and comes from a list mutually approved approved by the league and the NFLPA.

 

[SammyBlueCat]

When will Julian Edelman get ruling on 4-game suspension following appeal?

No decision was imminent and it may not come until next week.

 

[PatsWickedPissah]

The alleged "unknown substance" could very well be a substance that occurs naturally in squirrel metabolics. Just a thought.