NFL Insanity Prevails In Josh Gordon Case: Suspension Lacks Any Reasoning
The perversion that is the Josh Gordon suspension appears to finally have come to a conclusion and justice is yet to prevail. The NFLPA and NFL announced on Wednesday that they are approaching an agreement on a new substance abuse policy. The changes to the league’s policy appears to contain provisions that would allow Gordon to rejoin his team with the rest of the soon to be reinstated NFL players. However, Gordon will remain suspended for a reduced 10 games instead of the year long sentence which was initially handed down. On the surface, the reduction looks like a small win for Gordon and the Browns, but when examined with more vigor it is still wildly unrighteous. The interpretation of the new policy in Gordon’s case makes no sense at all and the fallout from the new 10 game ban could be more problematic for the Browns than the initial suspension.
Under the new policy, an NFL player would have to test above 35 nanograms per milliliter for the test to be considered a violation. The policy changes are to be applied “retroactively” which would lead those of us with common sense to believe that Gordon’s test would not be considered a violation. As in most instances with the NFL of late though, common sense is not applicable. Even more perplexing is how the 10 game ban was arrived at. Under the new policy, Gordon is being punished for a 4th violation. However, his initial yearlong suspension was called his 3rd offense. There is no explanation whatsoever from the NFL of how the test was Gordon’s 4th. Really, the most recent test should not be a violation at all under the new marijuana threshold. So, to be clear, the NFL used the old policy threshold to call his extremely low drug test result a violation but applied the new policy to that violation when deciding on his suspension. This is in addition to the fact that the blatant discrepancy in his tests should have rendered them invalid in the first place. Faced with a chance to correct an obvious injustice, the league has failed to do so on many levels.
To make matters worse, the 10 game ban really could do the Browns as an organization further disservice. If an NFL player plays in 6 full games, he is considered by the league to have accrued an NFL season. This means that Gordon can become a free agent at the end of next year’s 2015 season. Anything less than 6 full games does not count as an NFL season and the Browns would retain contractual control over Gordon until the end of the 2016 season. Gordon was able to expedite his DUI hearing in Raleigh, NC and plead guilty so it appears that he will avoid an additional 2 game suspension. The league worked out a deal with the players that as long as they have their DUI charges cleared up before the start of November, they will be punished according to the old and less strict DUI policy. NFL Commissioner Roger Goodell could still hit Gordon with an extra 2 game suspension because he has prior drug offenses. That outcome seems unlikely, but if he did then Gordon would only play 4 games and the Browns would have him under contract until 2016.
Gordon’s new punishment will not include a ban from the Brown’s facilities as it did before. He will not be able to participate in practice until the start of week 12. He can participate in preparation for the Browns game against the Atlanta Falcons on November 23 in which he will be allowed to play. In the meantime, he will be able to attend meetings as well as conditioning and workouts at the Browns facilities. This is an important change to the suspension because many believe Gordon’s proximity to the team and his football support group is key to keeping him on the right track in the future. This is a no brainier for the NFL if they care about their players at all. Forcing a man who is attempting to better the company he keeps and his decision making away from the most positive influence in his life verges on inhumanity and recklessness.
If the Browns are in playoff contention when Gordon returns on week 12, then the reduced suspension won’t seem as damaging to their future because he could have an instant impact on their chances. However, if the Browns are unable to remain relevant, then the NFL’s skewed processes will have ripped away an entire season of the league’s best wide receiver. It’s hard to imagine how Gordon is still walking away with a 10 game suspension when the “retroactive” new policy somehow moved him to a 4th violation when its very own rules make clear what was considered his 3rd violation in reality was his second since entering the NFL. After getting this all wrong, the NFL has proceeded to grossly mishandle their second chance. Both the Browns and Josh Gordon are victims of a failing system and should seek out further action to make it right, whether it’s a lawsuit or another appeal of some sort. Either way, 10 games makes no sense under the NFL’s new policy and the Browns shouldn’t have to lose a whole year of their best player both this year and potentially in the future, which is what will happen when his 6 games counts as a full season off of his rookie contract with Cleveland.
By: Brad Ward
Follow @CST_BradWard On Twitter
