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J-ALL-DAY

The Reuben Foster Legal File Thread

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On 5/23/2018 at 4:16 PM, J-ALL-DAY said:

LIS last week, will serve two games one way or another. 

 

Not sure how this works but can he contest it initially then take the suspension at a later date? And if so, can he take the suspension when he inevitably (yea it's just one year but...) gets dinged up? Or are there provisions in place to prevent this kind of shenanigan.

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1 hour ago, Psychlone said:

Not sure how this works but can he contest it initially then take the suspension at a later date? And if so, can he take the suspension when he inevitably (yea it's just one year but...) gets dinged up? Or are there provisions in place to prevent this kind of shenanigan.

So far as I know, unless he's taking to court, he's suspended when they say he's suspended. I think there is an appeal process, but I think it's pretty fast, and goodell pretty much had blanket authority

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And that charge has already been downgraded to a misdemeanor. Still getting suspended, but does the arrest for marijuana count as a strike for a failed drug test or no? Or do you just get tested more often because of it? 

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13 minutes ago, J-ALL-DAY said:

And that charge has already been downgraded to a misdemeanor. Still getting suspended, but does the arrest for marijuana count as a strike for a failed drug test or no? Or do you just get tested more often because of it? 

I believe it depends on whether or not he's still in the program (which he was initially from the diluted combine sample). After that, we don't know if anything else came up, put him in a different stage or if he got out, etc.. I feel like @Broncofan has a pretty good feel for these kind of questions and understands the policy pretty well. 

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Posted (edited)
13 minutes ago, Forge said:

I believe it depends on whether or not he's still in the program (which he was initially from the diluted combine sample). After that, we don't know if anything else came up, put him in a different stage or if he got out, etc.. I feel like @Broncofan has a pretty good feel for these kind of questions and understands the policy pretty well. 

Obviously we don’t know if there have been other strikes but we know the dilute test in the Combine counts as strike 1.   If he tested clean for 90 days he would be out of the program.   The teams and public only find out if a 4th strike (and appeal lost) is in the books.  

The 2016 policy does make it clear that participation in a diversion program to avoid conviction counts as a strike.   That’s in section 2.3 - link below: 

https://nflpaweb.blob.core.windows.net/media/Default/PDFs/Agents/2016SOAPolicy_v2.pdf

Realizing we could be missing other strikes - Foster would have 2 strikes on the book now.    Until you get 4 it’s only game fines.   Another 90 days of being clean (assuming again no other strikes came up) and he’s back to being out of the drug program. 

Edited by Broncofan

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Just now, Broncofan said:

Obviously we don’t know if there have been other strikes but we know the dilute test in the Combine counts as strike 1.   If he tested clean for 90 days he would be out of the program.   The teams and public only find out if a 4th strike (and appeal lost) is in the books.  

The 2016 policy does make it clear that participation in a diversion program to avoid conviction counts as a strike.   That’s in section 2.3 - link below: 

https://nflpaweb.blob.core.windows.net/media/Default/PDFs/Agents/2016SOAPolicy_v2.pdf

Realizing we could be missing other strikes - Foster would have 2 strikes on the book now.    Until you get 4 it’s only game fines.   Another 90 days of being clean (assuming again no other strikes came up) and he’s back to being out of the program.  

Mucho gracias, Mi amigo. 

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Posted (edited)
1 hour ago, Forge said:

Mucho gracias, Mi amigo. 

No problem - but I need to amend what I said before.   Reading at 2.3 further, it does leave the possibility of suspension.   We've been so focused on whether it counts as a strike, I missed 2.3's wiggle room for being in a diversion program (see below).    Ironically, Foster would still only be at 2 strikes, but a conviction puts him clearly for a suspension, even without 4 strikes.  Being in a diversionary program (instead of a conviction) does leave him open here (the arrest alone, as long as it proved to be legit, was enough for the 2nd strike).  

So while Foster's career isn't in doubt at all, the first 1-2, or even 4 games wouldn't be out of the Q here.    Now, the context was that the NFL didn't want to treat strikes the same, especially if there was a DUI (given the potentially tragic impact and risk it puts other ppl at, it shouldn't be treated the same), that was what drove this.   But it does leave things up to Goodell to decide.  Given the weapon-charge, and the Combine event (not the test, the MRI incident), it wouldn't shock me if Goodell gave him 1-2, or even 4 games.    I don't see more than that - given the PR turnaround that Foster has experienced, it wouldn't even surprise me if Goodell looked the other way (which no doubt would make DAL & NE fans go nuts, and rightfully so lol).

Section 2.3 as I re-read it, here's the full section, I bolded the relevant parts.   

Quote

Apart from and in addition to any other provisions of this Policy, Players convicted of or admitting to a violation of law (including, within the context of a diversionary program, deferred adjudication, disposition of supervision, or similar arrangement including but not limited to nolo contendere) relating to use, possession, acquisition, sale, or distribution of Substances of Abuse other than alcohol, or conspiring to do so, are subject to appropriate discipline as determined by the Commissioner.

The discipline for a first offense will be a suspension without pay for up to four (4) regular and/or post-season games. If the Commissioner finds that there were aggravating circumstances, including but not limited to felonious conduct or serious injury or death of third parties, and/or if the Player has had prior drug or alcohol related misconduct, increased discipline may be imposed. Discipline for a second or subsequent offense, absent aggravating circumstances, will be a suspension without pay for a minimum of six (6) up to ten (10) regular and/or post-season games. A Player’s treatment history may be considered by the Commissioner in determining the appropriate level of discipline.

Edited by Broncofan

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Foster will serve a suspension for the same reasons Brady and Zeke served suspensions. 

Emperor Goodell does whatever he wants, and Jed York likely just angered him by his blabbing to the press about abstaining from the anthem vote. When Goodell has a bone to pick with an owner, players get suspended.

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22 hours ago, Forge said:

So far as I know, unless he's taking to court, he's suspended when they say he's suspended. I think there is an appeal process, but I think it's pretty fast, and goodell pretty much had blanket authority

So as shady as it may seem, he could appeal and "take it to court", then withdraw it at a time of his choosing like Elliott did. If there is a way to time the suspension to the teams advantage, then why not utilize the loophole. Unless risking the wrath of Goodell makes it not worth it...

 

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12 hours ago, Psychlone said:

So as shady as it may seem, he could appeal and "take it to court", then withdraw it at a time of his choosing like Elliott did. If there is a way to time the suspension to the teams advantage, then why not utilize the loophole. Unless risking the wrath of Goodell makes it not worth it...

 

Just take the suspension and be done with it. Take it at the beginning of the season, and come back and end the season strong. Even if there's a possibility the appeal is won, just take it. At least, if I'm the team, that's what I hope he does. It's going to be part of his education, of his growth. Just make sure it doesn't happen again.

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Dave Lombardi said the detail of the cops saying the house smelled like marijuana is technically enough to count as another strike. Whaaaaaaaaat? I mean even if there was smell of marijuana, what if it was from his boy or his ex-girlfriend? NFL really does get to do w/e the hell they please to do huh? 

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3 hours ago, rudyZ said:

Just take the suspension and be done with it. Take it at the beginning of the season, and come back and end the season strong. Even if there's a possibility the appeal is won, just take it. At least, if I'm the team, that's what I hope he does. It's going to be part of his education, of his growth. Just make sure it doesn't happen again.

If it's a short suspension, I disagree (unless he's nursing an injury, a definite possibility). The most likely soft spot in the schedule is mid-year. Opening of the year, especially Minnesota, would be when we'll likely need him most.

If it's a longer suspension, that strategy won't matter much. 

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8 hours ago, y2lamanaki said:

If it's a short suspension, I disagree (unless he's nursing an injury, a definite possibility). The most likely soft spot in the schedule is mid-year. Opening of the year, especially Minnesota, would be when we'll likely need him most.

If it's a longer suspension, that strategy won't matter much. 

I don't care much for gaming the system. If we don't have him for a tough game, too bad. If we lose that game, too bad. If he didn't want to miss games, he should have been more careful. If we didn't want to have one of our key defensive players miss games due to a suspension, we shouldn't have drafted him. Gaming the system by delaying the suspension is a bit unsportsmanlike. Not that I really care about that either. It's more that you play the hand that's dealt. Sure, trading card is part of the game, just like appealing a suspension is, so really, it is sportsmanlike, I guess. But personally, I just prefer to do the time and get it behind me. I got a speeding ticket, once. I could have contested it, and I'm pretty sure I could have won. But I just paid it and moved on. Maybe that's just me, though. It's just my personal take.

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