Everyone who fails a test automatically enters Stage Two after their release from Stage One:
A player who is referred to Stage One by reason of a Positive Test, and who, upon evaluation in Stage One is deemed by the Medical Director not to require specific clinical intervention and/or treatment will advance to Stage Two upon notification to the player by the Medical Director, and will be subject to Stage Two Testing by the Medical Advisor but will not have a Treatment Plan. However, a player who is referred to Stage One by reason of a Positive Test and is deemed by the Medical Director to require specific clinical intervention and/or treatment, will be advanced to Stage Two upon notification to the player by the Medical Director.
You end up in Stage Two for any positive test, one way or another.
It appears that only failure to cooperate gets you suspended for a first offense:
If the Medical Director, after consultation with the Medical Advisor, determines in his discretion that a player in Stage One has failed to cooperate with the evaluation process or fails to comply with his Treatment Plan, both the NFL Management Council and the NFLPA shall be notified and the player will be subject to an immediate fine equal to three-seventeenths (3/17) of the amount in Paragraph 5 of the NFL Player Contract, and he will be placed in Stage Two upon notification by the Medical Director.
Assuming the player makes it out of Stage One without another offense, the punishment for a first offense in Stage Two is
only a fine.
Discipline for First Failure to Comply in Stage Two: A player in Stage Two who fails to comply with his Treatment Plan or fails to cooperate with testing, treatment, evaluation or other requirements imposed on him by this Policy, both as determined by the Medical Director, or has a Positive Test will be subject to: (a) A fine of four-seventeenths (4/17) of the amount in Paragraph 5 of the NFL Player Contract if the player has successfully completed Stage One; and
A suspension for the period of time to cover four consecutive regular season and post-season (including Pro Bowl, if selected) games without pay if he did not successfully complete Stage One.
So we don't know whether the first suspension was for his 1st offense in Stage Two (but before he'd been cleared out of Stage One), or his 2nd offense in Stage Two.
Basically the best case here is that Gordon's first suspension was the result of a 2nd offense (his 1st in Stage Two) that happened before he got cleared out of Stage One.
In which case this current situation would only be his 2nd offense in Stage Two. If so, he'll be suspended four or six games, and enter Stage Three.
However, if he made it out of Stage One cleanly before getting dinged again the first suspension would have been the result of two failed tests in Stage Two (his 2nd and 3rd).
If that's the case, he's already in Stage Three and facing the hammer:
(1) Term: A player in Stage Three will remain in Stage Three for the remainder of his NFL career.
(3) Testing: A player in Stage Three will be subject to unannounced Testing. At the sole discretion of the Medical Advisor, a player may or may not be tested; however, if he is tested, he may be tested up to 10 times during any calendar month.
b. Discipline.
(1) Discipline for Failure to Comply in Stage Three: A player who fails to cooperate with testing, treatment, evaluation or other requirements imposed on him by this Policy or fails to comply with his Treatment Plan, both as
So... the absolute best case for Gordon owners is:
He got kicked out of Baylor for weed.
He failed a test to get into Stage One.
He failed a 2nd test prior to leaving Stage One (i.e. within 90 days) -- his first failure in Stage Two, and was suspended.
He's now failed a 3rd test (his second in Stage Two), will be suspended, will face urine testing up to every three days for at least three years and will be suspended for a year or more if any of them are positive.
Worst case is that he's facing the year long ban right now.
Either way? Barring the availability of a "greater fool" you're most likely holding a worthless asset. There's absolutely zero reason to think he's going to be able to comply with the requirements in front of him.
