Legal stuff - The Leak & Confidentiality & Denver

[Yettyskills]

Confidentiality.​

1. Program Information.
​

The Medical Advisor, Medical Director, Administrator, Team Substance Abuse
Physician, Chief Forensic Toxicologist and all employees and consultants of theNFL, the NFL Management Council, the NFLPA (including its employees,
members and Certified Contract Advisors), the Evaluating Clinicians, the
Treating Clinicians and the NFL clubs ("Interested Parties")

shall take reasonable steps to protect the confidentiality of information acquired in accordance with the provisions of this Intervention Program,

including but not limited to the history, diagnosis, treatment, prognosis, test results, or the fact of participation in the Intervention Program of any player or the club(s) who employs or has employed such player ("Intervention Program Information").

Any Intervention Program Information which becomes public information either by authorization of the player or through release by sources other than Interested Parties will, after authorization or release, no longer be subject to the confidentiality provisions of this section.

Intervention Program Information about a player revealed by the player to an Interested Party shall not be subject to the confidentiality provisions of this section unless

(a) it was disclosed by the player in the context of a clinical
evaluation or treatment or was disclosed by the player to an Interested Party inaccordance with the terms of this Policy;

or (b) the player requests that the Intervention Program Information not be further disclosed by the Interested Party. Intervention Program Information, including but not limited to information learned on appeal, will be shared among Interested Parties (NFL Clubs) only on a need-to-know basis and only in accordance with the terms of this Intervention Program.

​

2. Program Information Provided to Clubs.​

​

An NFL club that:

a. has contacted a restricted or unrestricted free agent or that player’s
Certified Contract Advisor and is considering making an offer to
and/or signing such player; or

b. has contacted another NFL club with regard to a potential
acquisition of a player in a trade and is considering making the
club an offer for such player; or

c. is contemplating acquiring a player through the waiver system;
may be informed by the Medical Advisor or the Management Council whether
such player is subject to suspension the next time he fails to comply with anyterms of the Intervention Program and whether or not in the opinion of the Medical Advisor or the Management Council a failure to comply with the terms of the Intervention Program has occurred at the time of the inquiry that could result in suspension.

Both the Medical Advisor and the Management Council are authorized to disclose such information to the Team Substance Abuse Physician of the inquiring club or to the senior club executive responsible for signing restricted or unrestricted free agents who, in turn, shall share such information only with the club employee(s) or officer(s) who participate in the decision to sign such player.

Any club employee or officer who, by reason of such inquiry, is in receipt of the information that the Medical Advisor or the Management Council is authorized to disclose pursuant to this section will immediately become subject to and be bound by the confidentiality provisions established by this Intervention Program.

​

3. Discipline.​

a. Fines:
​

Any Interested Party who violates the confidentiality
provisions of this intervention Program may be fined a minimum
of $10,000 up to a maximum of $500,000. Fines under this section
shall be imposed by the Commissioner for individuals subject to
his disciplinary authority and by the Executive Director of the
NFLPA for individuals subject to his disciplinary authority. In the
event the current disciplinary procedures of the NFLPA would not
permit the levying of the fines prescribed herein, such procedures
will be amended as soon as possible so as to authorize the
disciplinary measures set forth in this paragraph.

​

b. Determination:​

Any player who believes that there has been a
breach of the Intervention Program’s confidentiality provisions as
set forth in this section may report such violation to the
Commissioner with respect to those individuals for whom he has
authority to levy fines and the NFLPA’s Executive Director with
respect to those individuals for whom he has authority to levy fines
to make a determination of whether a violation has occurred and
the amount of the fine. The provisions of this section shall be the
sole remedy available to a player aggrieved by an alleged violation
of the Intervention Program’s confidentiality provisions.



The Broncos were within their right to get the Failed test info, and someone from there leaked it and SHOULD be Fined to the tune of $500,000.
​

 

[byroan]

Great read. Thanks for posting it.

 

[inFINSible]

Any Intervention Program Information which becomes public information either by authorization of the player or through release by sources other than Interested Parties will, after authorization or release, no longer be subject to the confidentiality provisions of this section.

if that is true....even though it is a load of crap by itself, but, IF it's true....why won't they say what the substance is that caused the positive result?

 

[LarryFinFan]

No doubt someone should be castrated for this and I don't mean Ricky...unfortunately, the rinky-dink sportscaster on the local Denver news will cry "freedom of press" and '5th Amendment" and will not give out his source, more than likely...it's a shame this happened the way it did. While RW made his own bed, he shouldn't have been short-sheeted by the press.

 

[Yettyskills]

No doubt someone should be castrated for this and I don't mean Ricky...unfortunately, the rinky-dink sportscaster on the local Denver news will cry "freedom of press" and '5th Amendment" and will not give out his source, more than likely...it's a shame this happened the way it did. While RW made his own bed, he shouldn't have been short-sheeted by the press.

actually Larry, what it is saying is..someone from the Broncos is allowed to ask the Medical staff at the NFL about Ricky, but are told that the info they are getting is confidential.
And that they are responsible to protect that info...

Obviously someone at the Broncos failed that part...hence they should be fined.

 

[LarryFinFan]

if that is true....even though it is a load of crap by itself, but, IF it's true....why won't they say what the substance is that caused the positive result?

Interesting concept...but, if it were leaked by a league official originally, it's in his/her best interest to not draw any attention to that fact by continuing to open their trap, same with any Bronco's official. However, I would think that it's possible the leakee (is that a word ??) may not even know what the failed test referred to, just that it was failed/missed...afterall, that is what is out there right now...

The league, I would think, would continue to enforce the "privacy" issue and not release any further info until after the appeals process. At that time, it's in RW's court to release info...if he wants to....

 

[LarryFinFan]

actually Larry, what it is saying is..someone from the Broncos is allowed to ask the Medical staff at the NFL about Ricky, but are told that the info they are getting is confidential.
And that they are responsible to protect that info...

Obviously someone at the Broncos failed that part...hence they should be fined.

True, I guess it doesn't refer to the who, meaning it's the Bronco's organization responsibility to control their own people...my only other thought was that IF the info came to the Denver sportscaster via a league official...(you know, someone somebody went to school with or whatever....), then the Broncos could be off the hook...getting that proven is another issue...

 

[greatwade]

This is precisely why I am all for masking agents. Good for the masking agent makers staying 2 steps ahead of the testers.

Because it is a bull**** program. Not like it exists to HELP the athletes. Just to RUIN them.

Excuse me while I whip out my whizzinator, beotch!

 

[dolphan117]

I just wish there was some way we could get draft picks for hurting his trade value if the charges are overturned.

 

[BennyVW]

Even if the leak can't be found the Broncos organization as a whole should be fined for the leak.

Leaks like this NEVER happen in clubs with control over their staff ie: Pats, Fins, And any parcells team....

 

[stryker]

great post. thanks.

 

[inFINSible]

Interesting concept...but, if it were leaked by a league official originally, it's in his/her best interest to not draw any attention to that fact by continuing to open their trap, same with any Bronco's official. However, I would think that it's possible the leakee (is that a word ??) may not even know what the failed test referred to, just that it was failed/missed...afterall, that is what is out there right now...

The league, I would think, would continue to enforce the "privacy" issue and not release any further info until after the appeals process. At that time, it's in RW's court to release info...if he wants to....

that makes sense....thanks.

 

[LJK825]

Great read. Thanks for posting it.

Byroan,

Where are you moving to?

Are there any Phin fans in Charlotte? I may relocate there before the season begins.

*I guess we'll have to just wait and see how this whole RW situation plays out. I wish they make public this "leak" and use the Whizzinator on them.

 

[byroan]

Byroan,

Where are you moving to?

Are there any Phin fans in Charlotte? I may relocate there before the season begins.

I'm moving about an hour north of Charlotte near Winston Salem. There's a couple phin fans here, not many though.

 

[MR NFLFAN]

This is precisely why I am all for masking agents. Good for the masking agent makers staying 2 steps ahead of the testers.

Because it is a bull**** program. Not like it exists to HELP the athletes. Just to RUIN them.

Excuse me while I whip out my whizzinator, beotch!

You can't be serious? I'd say if your player has failed 4 test there is no helping that player and it is that player who has ruined his own career. How long does a person need to stand on the railroad tracks watching the train coming at them before they relize it is going to hit them? Think about this as an owner would you want to pay the kind of money some of these guys make to have a player who's abusing his body and possibly his ability to do the job you hired him to do?
To many people try to asign blame everywhere but where it belongs (i.e. the league) when the responsibility to stay straight and clean ultimately rest with the player. It is after all his career and his paycheck at steak here. I suppose I shouldn't be suprised because you seem typical of americans today, when they get caught breaking the law the problems is the law not them, and they somehow seem to think that some technicality makes them innocent. That is all a big LOAD OF BS.

Also to the original poster who took all the time to look up the league policy did you forget that Ricky also agreed to a contract that stated he would not abuse league banned substances. He has now found to have violated his contract on banned substance usage 4 friggen times...enough forgiveness by the league and team I'd say. In this respect the league and team should also therefore be allowed to sue Ricky for breach of contract. Bottom line if this hasn't sunk in to the special one yet then I don't believe it ever will. Sueing someone for leaking the truth isn't going to help old Ricky smarten up one bit.