The Josh Gordon Saga: Reinstated Conditionally

[Reverend]

With the things Roger Goodell and DeMaurice Smith said about medical marijuana during Super Bowl week, I wouldn't be surprised if they quietly dropped marijuana from the banned substances list the next time there are wholesale changes to the league's drug policy. This story is bad for Josh Gordon first and foremost, but it's also bad for the league -- this story is bad PR, and unlike steroid use (or even cocaine use), marijuana use doesn't call into question the integrity of the sport.

 
Hadn't heard of that so thanks for the tip. Here's the opening from the ESPNNY piece on it which came up among the first hits on the google:
 

NEW YORK -- Although the league's collective bargaining agreement with its players forbids the use of marijuana, NFL commissioner Roger Goodell said he will continue to evaluate the drug's potential as a pain reliever balanced against possible addiction issues.
 

 
That's ESPN's frame and not Goodell's, obviously, but in that frame, marijuana is way less addictive and less harmful than many of the opium based painkillers that NFL players routinely take. If a guy doesn't want to be popping pills all day and wants something safer, then I mean, geez...

 

[mascho]

Dude.  Keep your damn head down.
 

The Cleveland Browns are aware Pro Bowl receiver Josh Gordon, facing a possible NFL suspension for another failed drug test, was ticketed for speeding last weekend. A passenger in his car was cited for marijuana possession.
 
Gordon is facing a season-long suspension after another failed drug test months ago, this time for marijuana, sources told ESPN's "Outside the Lines" earlier this month. Gordon was suspended two games last season for failing a drug test.
 
Gordon was pulled over for driving 74 mph in a 60 mph zone on May 25, WKYC-TV reported Friday. According to the report, the passenger in Gordon's Mercedes was issued a citation for possession of marijuana in an amount under 200 grams. The marijuana was found in a blue bag with identification. The passenger said the marijuana was not Gordon's.

 

[dcmissle]

Now pulled over for going 74 in a 60, and a passenger in the car cited for possession of weed. This needs to be viewed in the context of what he was already facing.

No fucking judgment. But it's the League's and society's fault for being short sighted on weed, and goddamn right the Pats should have dealt for him. Because he's a phenomenal talent and will get back on the field someday. Maybe.

 

[ivanvamp]

Maybe now would be a good time to offer a little something for Gordon in a trade.  Kind of save Gordon up for the future…...

 

[Stitch01]

Gordon having horrible judgment and the NFL policy on weed being terrible aren't exclusive.  Suspending him for a year for smoking weed is really dumb and his actions, given what he is facing, show clear immaturity/lack of judgment.
 
EDIT: had worded this horribly

 

[mascho]

Guess who was arrested again last night?  DWI charges according to the twitterverse.  Here's the mugshot.
 

 

[mascho]

Now pulled over for going 74 in a 60, and a passenger in the car cited for possession of weed. This needs to be viewed in the context of what he was already facing.

No fucking judgment. But it's the League's and society's fault for being short sighted on weed, and goddamn right the Pats should have dealt for him. Because he's a phenomenal talent and will get back on the field someday. Maybe.

 
Today I'm leaning towards no.  

 

[Stitch01]

Pretty sad to see all that talent wasted.

 

[Eck'sSneakyCheese]

What an idiot. Arguably the best receiver in the league last year working with nobodies at QB and he's going to piss it all away because he likes to get wasted. Just beyond dumb.

 

[Van Everyman]

Or maybe he's just a troubled guy.

Anyway, I'd do a 5th for him right now. Get it done, Theo.

 

[dcmissle]

Awesome

Priceless really.

The twisted logic of our drug laws, which led to at least one suspension at Baylor, followed by a failed drug test at Utah -- before anything with the Browns -- finally drove him behind the wheel after 3 vodka drinks, thus imperiling the lives of innocents.

 

[dcmissle]

... And what the Pats really need right now, more than anything else, is more third-party collateral damage ... A few more folks on the wrong side of the grass connected, however tangentially, to Flying Elvis

 

[soxhop411]

Justin Quesinberry @JustinQberry · 52m


Haydn "Fats" Thomas posted the bond for Josh Gordon. He's seen here in his drivers license photo. @wncn
 

 
Justin Quesinberry ‏@JustinQberry  52m
Thomas is a convicted felon facing pending drug charges & reportedly gave a rental SUV to P.J. Hairston the night of Hairston's drug arrest.
 
Needs to hang out with better people

 

[Stitch01]

... And what the Pats really need right now, more than anything else, is more third-party collateral damage ... A few more folks on the wrong side of the grass connected, however tangentially, to Flying Elvis

This has zero to do with the Pats, he's being traded he exactly never.

 

[dcmissle]

My guess here is an indefinite suspension with a year minimum ... The point of indefinite -- don't even think about football until you're squared away. So you now have zero expectancy of when you're coming back

 

[Super Nomario]

Priceless really.

The twisted logic of our drug laws, which led to at least one suspension at Baylor, followed by a failed drug test at Utah -- before anything with the Browns -- finally drove him behind the wheel after 3 vodka drinks, thus imperiling the lives of innocents.

???

 

[dcmissle]

???

Tongue cemented in cheek.

The problem with this guy was never misguided laws about weed. It was about lack of discipline, lack of caring about his own career, or some combination.

 

[Stitch01]

He was driving PJ Hairston's car at the time of arrest.

 

[dcmissle]

This week everyone has been focused on the mini dust up between Chris Carter and Michael Irvin on this issue. CC addressed that this morning, but added points that to me were even more interesting;

1. The NFL has a not publicized program of linking ex players and others who can help with current players in trouble. CC participates in this and is trying to help Josh Gordon now.

2. Gordon appears to be waking up to his problem, but CC literally has "no idea" whether he will make it. It is a day by day struggle. Gordon now is getting the best of every kind of help, but even with every support structure in place, survival is ultimately up to the individual.

3. Gordon has, in CC's estimation, Randy Moss level talent, or at least TO level talent, but it almost doesn't matter at this point. Gordon at this point is as far removed from the young Moss as he could be. At a similar stage after struggling with weed, Randy was all about becoming the best player and earning his money.

4. People don't grasp the nature of this problem -- how can you jeopardize tens of millions?! -- but maybe they should because almost every family faces substance abuse. The huge money is irrelevant. Your team and your teammates are irrelevant. Gordon's only loyalty is to the substance and getting high. That's where he is right now.

He is not alone. See Tennard Jackson.

 

[Van Everyman]

That seems more like depression than substance abuse. Also, at what point of Randy Moss' career is he comparing this to? 2007? Because he was 30 by the time he dedicated himself to being the best and earning his money.

 

[dcmissle]

That seems more like depression than substance abuse. Also, at what point of Randy Moss' career is he comparing this to? 2007? Because he was 30 by the time he dedicated himself to being the best and earning his money.

He is comparing to early Moss, when they were on Vikings together, which is the appropriate comparison. Moss fell in the draft and weed was one of the reasons. CC's point is that Moss laid it aside and focused on football; Josh can't or won't.

 

[Royal Reader]

Tongue cemented in cheek.

The problem with this guy was never misguided laws about weed. It was about lack of discipline, lack of caring about his own career, or some combination.

Right.  The weed here is his equivalent of the blue M&Ms in the bowl.

 

[Fred in Lynn]

http://m.espn.go.com/nfl/story?storyId=11281430&src=desktop

Gordon's A and B samples were 16 ng/mL and 13.63 ng/mL. The NFL threshold is 15 ng/mL. His attorney is calling foul, and I think he may have a point. While the two results are not statistically significant, as the attorney claims (2 molecules per billion difference), the fact that the replicate sample was below 15 should cause the NFL to think twice. He should definitely appeal if he has not already. Then again, the weak-ass explanation of second-hand smoke almost makes me hope the NFL rejects any appeal. Perhaps they'd be better off not providing any explanation of what they say is going to be that stupid. Stick to the science.

In a somewhat related vein, I don't know what to make of one value at two sig figs and another at four, unless the A sample result was 16.00. Geek alert. Maybe it was how the validated data were interpreted.

 

[Stitch01]

It points out some of the idiocy of the NFLs marijuana policy, but hard to get worked up over Gordons ban. IMO this particular player deserves the year off in light of his DUI and other judgment lapses. Frankly, he's probably better off in the long run losing the appeal and taking a year off to fix his life as he's probably down to his very last off the field strike.

 

[Kenny F'ing Powers]

I agree that he needs the punishment, but you think taking him away from the one thing that requires a reql discipline is going to be good for him?

 

[soxfan121]

I agree that he needs the punishment, but you think taking him away from the one thing that requires a reql discipline is going to be good for him?

 
Probably not but what about his actions suggest he has any interest in what is good for him?

 

[mauf]

http://m.espn.go.com/nfl/story?storyId=11281430&src=desktop

Gordon's A and B samples were 16 ng/mL and 13.63 ng/mL. The NFL threshold is 15 ng/mL. His attorney is calling foul, and I think he may have a point. While the two results are not statistically significant, as the attorney claims (2 molecules per billion difference), the fact that the replicate sample was below 15 should cause the NFL to think twice. He should definitely appeal if he has not already. Then again, the weak-ass explanation of second-hand smoke almost makes me hope the NFL rejects any appeal. Perhaps they'd be better off not providing any explanation of what they say is going to be that stupid. Stick to the science.

In a somewhat related vein, I don't know what to make of one value at two sig figs and another at four, unless the A sample result was 16.00. Geek alert. Maybe it was how the validated data were interpreted.

Wow, this changes my view of this case.

Based on this limited information, I'd say Gordon has a fighting chance of avoiding a suspension. The NFLPA doesn't want players facing onerous consequences for marginal positive tests, and the league cares more about maintaining a stringent program overall than it does about punishing Gordon in this specific case. Those considerations matter much more in labor arbitration than they would in a traditional courtroom setting.

If I were in Vegas, I'd place a modest bet on the "over" for the Browns' win total this season.

 

[j44thor]

It is also worth noting that the amount he tested positive for would have been a negative in MLB, the Olympics and the Federal Gov't.
 
The NFL is already getting significant heat for their handling of the Ray Rice situation.  Imagine the PR firestorm when the mass media finds out Gordon is suspended for a year for such an insignificant amount.

 

[Tony C]

Well, they have found out -- and I haven't read/seen much of a firestorm. Though I agree it's absurd, I think most still think of pot as an illegal substance and that's that (speaking of which, just read in the Times that a guy with no prior record was found with a small amount of pot on him in New Orleans and ended up in jail with a 12-year term. Just one example of the absurdities of our drug laws, and also a "that could have been me" moment -- shit!).
 
Back to football, this could also have a bit of an impact on the Hoyer-Manziel competition. Gordon will make either a much better QB. If, say, his suspension is reduced to 8 games and his return coincides with Manziel starting to play, Manziel will be a lucky boy.

 

[Dgilpin]

http://m.espn.go.com/nfl/story?storyId=11281430&src=desktop

Gordon's A and B samples were 16 ng/mL and 13.63 ng/mL. The NFL threshold is 15 ng/mL. His attorney is calling foul, and I think he may have a point. While the two results are not statistically significant, as the attorney claims (2 molecules per billion difference), the fact that the replicate sample was below 15 should cause the NFL to think twice. He should definitely appeal if he has not already. Then again, the weak-ass explanation of second-hand smoke almost makes me hope the NFL rejects any appeal. Perhaps they'd be better off not providing any explanation of what they say is going to be that stupid. Stick to the science.

In a somewhat related vein, I don't know what to make of one value at two sig figs and another at four, unless the A sample result was 16.00. Geek alert. Maybe it was how the validated data were interpreted.

 
From an analytical testing POV there's a lot of things that don't make a ton of sense from these results. First of all I wouldn't get caught up in the with the parts per billion or ppb range, that's fairly common working range for a lot of tests. The concerning aspects are that 2 samples from the same specimen would produce an 11% RSD, that seems pretty high and I would imagine the that's well beyond the precision range produced during the validation data for this test. Second would be that of these 2 numbers one is above and one below would flag Gordon for a violation, for starters obviously the average of these 2 data points would be 14.8 or 15 which would be right at the threshold. However when you would never make a conclusion one way or another with 2 data points that straddle a particular limit. In most cases a retention sample would be used for confirmatory testing. It would also be interesting to see how many replicates make up each of these separate data points. All this being said its hard to draw too many conclusions without knowing the validated precision(in case variability of rest results within a given run) and intermediate precision (variability of the result from run to run) but these numbers seem off and Gordon's lawyers may very well have a avenue to over turn this.

 

[Kenny F'ing Powers]

Gordon is staying suspended, I'm not sure where the waffling is coming from.
 
He was arrested for a DWI in July after already being suspended and placed in the drug program. Alcohol is also banned once you've been entered into the program, so he drank (against the rules) and got the DWI to boot. Regardless of the weed, he was already facing the year long ban.
 
The two "failed" weed tests, the DWI, the drinking while in the rehab program, the Codeine in 2013, his speeding tickets (more importantly, while driving a passenger in possession of weed), two drug suspensions at Baylor, a failed drug test in Utah...
 
If this brings a focus onto the NFL's primitive drug testing standards, great. Gordon will (and should) be suspended for at least another year.

 

[Jungleland]

You make logical sense, but I'm pretty sure you're wrong. From everything I've read, the DWI has no bearing on the potential suspension for failing the drug test. At the same time, if it did, why would he still be appealing the failed test at all?
 
He very well may lose the whole year and probably deserves to. I just think there's a very real chance that he wins the appeal based on the second hand smoke argument combined with the A cup/B cup thing, and then sees no penalty for the DUI until it goes to trial.

 

[soxfan121]

The DWI may or may not be part of the drug suspension calculus but it carries its own penalty. 
 
Gordon isn't playing in 2014, and maybe never again, because of the lengthy list of behavior that demonstrates he has no interest in following rules. 

 

[mauf]

What kind of process is Gordon entitled to under the CBA for the DWI charge, and what is the timetable for that process to happen?

The criminal case certainly won't work it's way through the judicial system before the end of the 2014 season. Even then, if the prosecutor agrees to continue the case without a finding (which wouldn't surprise me), there may be no clarity forthcoming from the legal system any time soon, or perhaps ever.

I realize the league isn't bound by the same constraints as the legal system, but I don't know what facts they have that Gordon broke league rules in connection with that incident besides the fact Gordon was arrested and charged, which I presume is not sufficient.

 

[Kenny F'ing Powers]

You make logical sense, but I'm pretty sure you're wrong. From everything I've read, the DWI has no bearing on the potential suspension for failing the drug test.

The article I cited states he could be facing a year long ban for the DWI.

 

[soxfan121]

What kind of process is Gordon entitled to under the CBA for the DWI charge, and what is the timetable for that process to happen?

The criminal case certainly won't work it's way through the judicial system before the end of the 2014 season. Even then, if the prosecutor agrees to continue the case without a finding (which wouldn't surprise me), there may be no clarity forthcoming from the legal system any time soon, or perhaps ever.

I realize the league isn't bound by the same constraints as the legal system, but I don't know what facts they have that Gordon broke league rules in connection with that incident besides the fact Gordon was arrested and charged, which I presume is not sufficient.

 
mauf, here is the full lawyerly text of the drug policy. Basically, at this stage of the process, the NFL will be suspending him no matter what and his future will be left in doubt until after the legal stuff resolves. 

 

[amarshal2]

The article I cited states he could be facing a year long ban for the DWI.

 
No it doesn't.  Or at least it doesn't anymore.
 
This is also his first DWI offense which, from what I've read, may not carry a penalty.  Here's something from the Aldon Smith saga:
 

As the league's policy on alcohol-related offenses states: “Discipline for a second, or subsequent offense is likely to be a suspension, the duration of which may escalate for repeat offenses.” For instance, receiver Vincent Jackson was suspended for three games after twice pleading guilty to DUI charges.
 

http://www.cbssports.com/nfl/writer/jason-la-canfora/23783866/ers-star-aldon-smith-to-avoid-discipline-for-the-time-being
 
That seems to suggest that a suspension is not policy for a first offense.
 
It's unclear even from SF's link (though I haven't read the whole thing) if the DWI will play into the substance abuse policy suspension or not.
 
It seems highly likely that Gordon will face some sort of suspension under the conduct policy.  In the event he's able to get his drug tests thrown out or he reaches a settlement, it's very unclear to me whether he would miss the whole season.

 

[Kenny F'ing Powers]

 
No it doesn't.  Or at least it doesn't anymore.
 
This is also his first DWI offense which, from what I've read, may not carry a penalty.  Here's something from the Aldon Smith saga:
 

 
Dude.
 

"We are aware of the matter and are disappointed to learn of this situation. We will comment further at the appropriate time," Farmer said in a statement.
Gordon's agent Drew Rosenhaus said he had no comment about the arrest.
 
Gordon, 23, could be facing a one-season NFL suspension for another failed drug test.
 
According to Pro Football Talk, Gordon's appeal hearing with the NFL has been set for late July, unless the league and NFL Players Association agree on a reduced suspension before then.

 

[amarshal2]

 
Dude.
 

 
Dude, I read that as, "Gordon could be facing a one-season NFL suspension for (a different) failed drug test."  It's in the "let's recap all of Josh Gordon's problems over the years" section of the article.  Additionally, people don't read the words "failed drug test" and think they're referring to a breathalyzer test administered by a police officer instead of a drug test administered by the NFL that Gordon has publicly failed.

 

[Cellar-Door]

So another week gone (3 since the appeal was heard) and still no decision from the arbitrator on Gordon's suspension. That's pretty ridiculous.
I know it was moderately complicated but come on, it took 6 months to notify the team and player than he had failed the test another 6 weeks to schedule an appeal hearing then 3 weeks and counting to decide on the appeal.

 

[Swedgin]

So another week gone (3 since the appeal was heard) and still no decision from the arbitrator on Gordon's suspension. That's pretty ridiculous.
I know it was moderately complicated but come on, it took 6 months to notify the team and player than he had failed the test another 6 weeks to schedule an appeal hearing then 3 weeks and counting to decide on the appeal.

I practice labor law, in a normal case its 60 days post-hearing for a decision.   We get 30 days to file briefs and the arbitrator gets 30 days to rule after the briefs are in.  

 

[Cellar-Door]

I practice labor law, in a normal case its 60 days post-hearing for a decision.   We get 30 days to file briefs and the arbitrator gets 30 days to rule after the briefs are in.  

The NFL doesn't work that way, the required timetable is unclear "reasonable time period" according to Florio http://profootballtalk.nbcsports.com/2014/08/22/profootballtalk-josh-gordon-and-the-browns-continue-to-wait/, however he notes it is usually 5 days to a week. Considering league sources leaked that it should be done no later than the 15th, then pushed it to late this week, it seems to be abnormal in their experience as well.
 
The bigger problem to me is that it took over 6 months from failed test until notification, which guaranteed an appeal wouldn't even be heard until well into pre-season which meant a failed appeal costs Gordon not only a season, but the following pre-season as well.

 

[axx]

Can't imagine he'd want to but could Gordon play in the CFL if the NFL suspends him for a year?

 
IIRC fairly recently the CFL passed a rule banning that

 

[Corsi]

 

Mary Kay Cabot ‏@MaryKayCabot  6m
Hearing rumblings that the #Browns Josh Gordon decision could come down today.
 

 

[RhaegarTharen]

So Roger's Fantasy League draft must have been last night, right?  

 

[RedOctober3829]

Mike Garafolo ‏@MikeGarafolo 10s
BREAKING: Sources tell @FOXSports1 Browns WR Josh Gordon's one-year suspension has been upheld on appeal.
 

 

[dcmissle]

If true, he'll face whether to file a court challenge as the Vikings players did, and seek temporary injunctive relief that would keep him on the field.

One problem that he faces that they didn't. He is still potentially on the hook for the DUI. If convicted for that, you're looking at another lengthy suspension that the courts won't do much about.

So it may be in his best interest to take the medicine and develop some good will with the League office. There are good reasons why at least since the draft, the Browns were not including him in their plans for 14.

 

[Ed Hillel]

Remember how many of us wanted to trade the pick that turned into Jimmy Garoppolo for this guy? Makes me glad we're not in charge.

 

[Norm loves Vera]

One year upheld:
http://espn.go.com/nfl/story/_/id/11418388/josh-gordon-cleveland-browns-suspended-one-year

 

[CaptainLaddie]

Wow.  What a fucking joke.  And yes, I took Gordon in a bunch of fantasy leagues.  But this is a joke.  Guy passed SEVENTY straight drug tests and then "failed" one that was in the false positive range.