Failure or Refusal to Test:The Medical Advisor will be responsible for scheduling all Tests and for ensuring that players are notified when individual Testing will take place. No test may be scheduled for a time that is more than 24 hours after notification. Players will have 4 hours from the time of the scheduled test to produce a specimen. A failure or refusal to appear for required Testing at the time selected by the Medical Advisor without a valid reason as approved by the Medical Advisor, or to cooperate fully in the Testing process as determined by the Medical Advisor, or to provide a dilute3 specimen (as determined in accordance with the procedures set forth in Appendix A-1), will be deemed the equivalent of a Positive Test. In addition, a deliberate effort to substitute or adulterate a specimen; or to alter a Test result;4 or to engage in prohibited doping methods5 will be treated as a Positive Test and may subject a player to additional discipline by the Commissioner.
All players in an Intervention Stage who become unavailable for Testing due to travel, temporary or permanent change of residence, prior commitments, or otherwise, are required to notify the Medical Advisor in advance of such unavailability so that the Medical Advisor can schedule accordingly if such request is reasonable. If a player fails to provide the
Medical Advisor with an address and telephone number where he can be contacted, and, as a result, such player cannot be contacted when the Medical Advisor requires that a Test be administered or the player cannot be contacted at the address and telephone number provided to the Medical Advisor, the player’s failure to notify the Medical Advisor or inability to be contacted shall be considered a Positive Test.
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Stage Three.
a. Procedures.
(1) Term: A player in Stage Three will remain in Stage Three for the remainder of his NFL career.
(2) Compliance with Treatment Plan: A player in Stage Three must comply with the terms of his Treatment Plan, as required in Stage Two and as may be developed and/or amended in Stage Three.
(3) Testing: A player in Stage Three will be subject to unannounced Testing. At the sole discretion of the Medical Advisor, a player may or may not be tested; however, if he is tested, he may be tested up to 10 times during any
calendar month. Such Testing shall include Testing for the NFL Drug Panel and alcohol, but in addition Tests for other substances of abuse will be conducted if the player’s
Treatment Plan requires abstention from and enumerates testing for such substances. After being in Stage Three for three seasons, a player may request of the Medical Advisor that the number of tests that he is subject to be reduced.
The Medical Advisor may, but is not required to, agree to the request. A player in Stage Three may not make this request more often than annually. The Medical Advisor, after consultation with the Medical Director, may extend or resume this period of Testing.
(4) Evaluation: A player, while undergoing Stage Three Testing, may be required to submit to further evaluation and subsequent treatment at the discretion of the Medical Director.
b. Discipline.
(1) Discipline for Failure to Comply in Stage Three: A player who fails to cooperate with testing, treatment, evaluation or other requirements imposed on him by this
Policy or fails to comply with his Treatment Plan, both as determined by the Medical Director, or who has a Positive Test, will be banished from the NFL for a minimum period of one calendar year.
(2) Banishment: A player banished from the NFL pursuant to subsection (1) above will be required to adhere to his Treatment Plan and the provisions of this Intervention Program during his banishment. During a player’s period of
banishment, his contract with an NFL club shall be tolled.
c. Reinstatement.
(1) Criteria: After the completion of the one-year banishment period, the Commissioner, in his sole discretion, will determine if and when the player will be allowed to return to the NFL. A player’s failure to adhere to his Treatment
Plan during his banishment will be a significant
consideration in the Commissioner’s decision of whether to reinstate a player. A player seeking reinstatement must meet certain clinical requirements as determined by the Medical Director and other requirements as set forth in
Appendix B.
(2) Procedures After Reinstatement: If a player is reinstated, he will remain in Stage Three for the remainder of his NFL career, subject to continued Testing and indefinite banishment. A player allowed to return to the NFL following a banishment must participate in continued treatment under this Intervention Program as required by the Medical Director.
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Appeal Rights.
Any dispute concerning the application, interpretation or administration of this Policy
(hereafter “grievanceâ€Â) shall be resolved exclusively and finally through the following
procedures.
A. Presentation of Grievances.
1. Disciplinary Appeals.
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Any player who is notified by the NFL Management Council that he is subject to a fine or suspension (hereafter “disciplineâ€Â) for violation of the terms of this Policy may appeal such discipline directly to the Commissioner. A player must do so in writing within five (5) days of receiving notice from the NFL that he is
subject to discipline. In his appeal, the player may not present grievances that have not been raised in a timely manner in accordance with this Article V, nor may he present defenses to the imposition of discipline that are the subject of
“Other Appeals†set forth in Section A.2., below.
2. Other Appeals.
Any player who has a grievance over any aspect of the Policy other than discipline, including but not limited to claims of disparate treatment, must present such grievance to the NFLPA (with a copy to the NFL Management Council)within five (5) days of when he knew or should have known of the grievance. The NFLPA will endeavor to resolve the grievance in consultation with the NFL
Management Council. Thereafter, the NFLPA may, if it determines the circumstances warrant, present such grievance to the Commissioner for final
resolution. Such appeal must be presented to the Commissioner no later than thirty (30) days after the player’s presentment of the grievance to the NFLPA.
3. Stays.
With the sole exception of the imposition of discipline, no other requirements of
this Policy will be stayed pending the outcome of an appeal.
B. Conduct of Appeals Before the Commissioner.
1. Hearing.
The Commissioner will designate a time and place for a hearing (either in person or by telephone), at which either he or his designee will preside. A player may be accompanied by counsel and present relevant evidence or testimony in support of his appeal.
2. Effect of Pendency of Appeal.
A fine or suspension that has been timely appealed shall not take effect until completion of the player’s appeal. However, the pendency of a grievance or appeal shall not excuse a player from compliance with any other aspect of the
Policy.
3. Discovery.
In presenting a grievance or appeal concerning this Policy, the player shall be entitled to access only the information upon which the decision to impose
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disciplinary action was based; however, in no event will a player have access to records or reports concerning the participation in or application of this Policy to any other player.
4. Procedural Disputes.
The Commissioner shall have exclusive and final authority to resolve all issues affecting the presentation of grievances and the conduct of appeals, including the timing and location of the hearing, the timeliness of grievances and appeals,
access to information, and the relevance of evidence. All issues affecting the presentation of grievances and the conduct of appeals (including disputes over discovery issues) that are known to either party to an appeal hearing must be resolved at least 48 hours prior to the commencement of the appeal hearing.
Notwithstanding the foregoing, the player or his representative may argue such other issues if they become known to him after the time for resolution set forth above.
5. Witnesses.
Any professional who interacts with a player pursuant to the terms of this Program, including, but not limited to a Treating Clinician, an Evaluating Clinician, a Drug Program Agent, or a consulting psychiatrist, may not testify at
an appeal hearing unless the professional will testify as to matters that only the professional has substantial knowledge. A player or his representative desirous of having a professional testify at a hearing must proffer to (i) the Medical Advisor in the case of a Drug Program Agent or (ii) the Medical Director in the case of
any other professional, the testimony that the professional is going to give and an explanation of why that professional is the only one who has substantial knowledge of that information. After the proffer, the Medical Advisor or the Medical Director, depending on to whom the proffer was made, shall determine whether to permit the professional to testify, but only after consulting with the Program’s counsel and the Management Council and the NFLPA. The player
and/or his representative may not communicate with any professional who interacts with the player pursuant to the terms of this program unless it is determined that the professional may testify at the appeal hearing.
6. Issues on Appeal, Witnesses, and Evidentiary Documents. At least 96 hours prior to the hearing, the player or his representatives must
present a statement of issues known to the player or his representatives at that time to be argued on appeal. Notwithstanding the foregoing, the player or his representatives may argue such other issues if they become known to him after
submission of the statement of issues. Additionally, each side must present to the other a list of witnesses who are to testify at the appeal hearing and copies of evidentiary documents that they intend to introduce at the appeal hearing at least 96 hours prior to the appeal.
7. Commissioner Determination.
Within a reasonable period of time, following the hearing, the Commissioner will issue a written decision which will constitute a full, final, and complete disposition of the appeal and which will be binding on all parties.