The report from NFL Network that Patriots receiver Josh Gordon committed multiple violations of the substance-abuse policy before triggering his latest suspension raises concerns beyond whether the NFL violated its own confidentiality provision.
The fact that Gordon wasn’t suspended immediately after his first violation following reinstatement underscores the reality that the NFL is exercising discretion regarding reinstated players that the letter of the policy doesn’t permit. As one league source recently explained it to PFT, this creates competitive concerns regarding the manner in which discretion is being exercised as to reinstated players.
Players who are reinstated after being suspended for more than one year revert to Stage 3 of the program, which technically means that they are one positive test away from another indefinite suspension of at least a year. While the league helps the players (and itself) by allowing talented players to continue to play, the decision to blur otherwise bright-line rules invites questions regarding whether discretion is being fairly and consistently applied.
This year, three different players who had been suspended for at least a year reportedly encountered new problems under the policy. Raiders receiver Martavis Bryant eventually was suspended again, as was Gordon. Cowboys defensive end Randy Gregory, who reportedly was facing further discipline post-reinstatement in September, continues to play.
Other teams are wondering why Bryant and Gordon are gone, but Gregory isn’t. And because there’s (selective) confidentiality and limited transparency in these cases, there’s no way to compare circumstances and decide whether the NFL has done Gregory and, in turn, the Cowboys a favor.
