CBA may help Ricky

[dolphinzen]

Provision in CBA for players in intervention stage who are on vacation.
http://www.nflpa.org/Members/main.as...e=CBA+Complete

Click on the left for Drug Policy

See Section I(c)(3)(f)

I read the NFL's "Policy and Program for Substances of Abuse". There's a clause here that refers to notification of the medical advisor if a player in an intervention stage (Ricky) becomes unavailable for testing due to travel etc.,

The CBA requires the player to notify the medical advisor so that the med advisor can schedule accordingly.

**If a player fails to provide med advisor with an address and tel where he can be contacted AND AS A RESULT such a player can not be contacted...the players failure to notify the med advisor or inability to be contacted shall constitute a positive.

Now I'm not a lawyer on his day off or anything like that:wink: but Ricky certainly has a number of defenses under this rule as it is written.

There's no clause which defines how Ricky should have contacted the Medical Advisor. A simple letter or telephone call would suffice. If Ricky maintains a position that he or his agent made contact, he has a fighting chance on appeal. If he produces witnesses (1) or even better (2) a copy of the letter that tells the medical advisor that he's going on vacation his chances go up dramatically.

If Ricky shows that he reached out to the medical advisors office and he is credible he can beat this. The key is to attack the medical advisors office as there is no requirement that notice be made by certified mail or overnight mail. This seems to me upon reading the rule a way around the mandatory 1 year suspension.

 

[Cannonboy]

You know maybe Ricky just doesn't want to play anymore and this is his way of getting out of it. You get suspended but you don't look like a complete dope because you are suspended not for a drug issue but a missed test issue.

 

[jspchief]

If Ricky actually provided notice, I doubt the NFL will pursue it anyway. It's not like they're going to bust him if he wasn't in violation. Obviously a letter, witness, or any other "proof" would render the entire subject moot.

Now if you're claiming they should turn it into a "he said, she said" thing, I think that's an uphill battle.

 

[dolphinzen]

You know maybe Ricky just doesn't want to play anymore and this is his way of getting out of it. You get suspended but you don't look like a complete dope because you are suspended not for a drug issue but a missed test issue.

That is a possibility. Hopefully it's not the case.

 

[dolphinzen]

If Ricky actually provided notice, I doubt the NFL will pursue it anyway. It's not like they're going to bust him if he wasn't in violation. Obviously a letter, witness, or any other "proof" would render the entire subject moot.

Now if you're claiming they should turn it into a "he said, she said" thing, I think that's an uphill battle.

He should just provide proof that he or his agent made contact. He's been on perfect behavior since he's been back and been playing by the rules. I doubt he would want to throw away the progress he's made. He's indicated that he wants to play out his contract.

 

[jspchief]

He should just provide proof that he or his agent made contact. He's been on perfect behavior since he's been back and been playing by the rules. I doubt he would want to throw away the progress he's made. He's indicated that he wants to play out his contract.

If he actually has such proof, this wouldn't/won't be an issue.

 

[Da 'Fins]

I don't much care about trying to figure out Ricky's options or what he "might" have done or not - it will all come out and we'll know. Not worth fretting about at this point, imo. Odds are against him - knowing him and his level of responsibility.

That said, I appreciate very much the link. There's some fascinating stuff in there.

I like a lot of the stuff on player benefits. Don't let anyone fool you - it's all about the money. Especially if you are somewhat of a marginal player. As tough as it is to keep fighting for a spot, there are benefits that are just too good to pass up. Some of those include:

$100/day for participating in off-season workout program.

Though the estimates only go through 1998, I believe the figure has increased since then, the retirement package is pretty nice - if you can get on the active roster for 4+ years. You will basically get about $500/month for each year you are on the active roster when you reach age 55. So, a player who plays 6 years, will get $3000/month in retirement at age 55. That's a phenomenal package and does not include social security or his own savings.

On top of that, he can put away up to $20,000 per year for post-football career savings and the club will contribute dollar for dollar - essentially, $40,000 per year for each year he's active. NICE start to a second career! Again, if I guy makes it 5-6 years and puts away $20,000 per year (that's a no brainer and an easy thing, even if he's only making $350,000 year), he gets $200-240,000 when he's out of football. The payments start at age 35, but that's pretty cool. He can easily go back to school and get a masters/PHD and get loans if he needs to.

If you make it on an active roster in the league for 5-6 years (and, I know that's not easy, but a lot of marginal guys do that), there is no excuse for winding up the way some of these guys do.

That's not to say the NFL is as good as MLB or the NBA as far as compensation is concerned (MLB players get a lot more money and have a much longer average career), but it is still a great deal.

 

[DeDolfan]

Provision in CBA for players in intervention stage who are on vacation.
http://www.nflpa.org/Members/main.as...e=CBA+Complete

Click on the left for Drug Policy

See Section I(c)(3)(f)

I read the NFL's "Policy and Program for Substances of Abuse". There's a clause here that refers to notification of the medical advisor if a player in an intervention stage (Ricky) becomes unavailable for testing due to travel etc.,

The CBA requires the player to notify the medical advisor so that the med advisor can schedule accordingly.

**If a player fails to provide med advisor with an address and tel where he can be contacted AND AS A RESULT such a player can not be contacted...the players failure to notify the med advisor or inability to be contacted shall constitute a positive.

Now I'm not a lawyer on his day off or anything like that:wink: but Ricky certainly has a number of defenses under this rule as it is written.

There's no clause which defines how Ricky should have contacted the Medical Advisor. A simple letter or telephone call would suffice. If Ricky maintains a position that he or his agent made contact, he has a fighting chance on appeal. If he produces witnesses (1) or even better (2) a copy of the letter that tells the medical advisor that he's going on vacation his chances go up dramatically.

If Ricky shows that he reached out to the medical advisors office and he is credible he can beat this. The key is to attack the medical advisors office as there is no requirement that notice be made by certified mail or overnight mail. This seems to me upon reading the rule a way around the mandatory 1 year suspension.

IMO, the burden of proof would be on Ricky. If I were Ricky and was planning on leaving for somewhere else and knowing this, I would simply sent a certified letter [return receipt requested] with all particular info first. Pretty simple to CYA like this.