If this turns out to be some sort false positve test and the league has banned Ricky for no reason, I hope Ricky turns around and sues the NFL for damages."I'm telling you, Ricky Williams is not using drugs," Steinberg said Monday. "While no one can ever get into someone else's heart, I'm confident he's made a real turnabout in his life and is living a drug-free life. Now the hard part is that he's been re-branded because of this report." Williams will have to fend off questions, but the Dolphins attempts to deal the running back in the next month now will be thwarted. No team will be willing to trade for a running back that is facing a year-long suspension until or if he is exonerate
I highly doubt it's a false positive. Seems apparent that one of his holistic drugs contains something on the banned list. I honestly feel bad for the guy and hope he does get a fair hearing. If it's some mystery drug that doesn't belong with other controlled substances, I don't feel he should be banned like he failed a MJ test. Of course, I also didn't think Dale Carter should get a third strike for drinking a beer. I do think Ricky needs his head examined for taking anything that hasn't been ok'd in triplicate.If this turns out to be some sort false positve test and the league has banned Ricky for no reason, I hope Ricky turns around and sues the NFL for damages.
Cmon guys , dont try to protect this imbecile.If this turns out to be some sort false positve test and the league has banned Ricky for no reason, I hope Ricky turns around and sues the NFL for damages.
[.quote=saintfool,Feb 22 2006, 10:46 AM]
Does anyone think it might have something to do with the anti-anxiety medication he was taking? I don't know if he was still taking any but at one time he was. Certainly, if he changed his meds and didn't alert the testers then it might come up up.
Cmon guys , dont try to protect this imbecile.If this turns out to be some sort false positve test and the league has banned Ricky for no reason, I hope Ricky turns around and sues the NFL for damages.
[.quote=saintfool,Feb 22 2006, 10:46 AM]
Does anyone think it might have something to do with the anti-anxiety medication he was taking? I don't know if he was still taking any but at one time he was. Certainly, if he changed his meds and didn't alert the testers then it might come up up.
Highly unlikely. A drug test normally has corresponding paperwork that ask questions along the lines of....Does anyone think it might have something to do with the anti-anxiety medication he was taking?
i would think so too, which is why i thought it could have been that he switched his meds without alerting them prior to testing. i know it's highly unlikely but still...Highly unlikely. A drug test normally has corresponding paperwork that ask questions along the lines of....Does anyone think it might have something to do with the anti-anxiety medication he was taking?
Are you taking any prescribed medications? If so, what and list doctor's name and contact information? When was your last dose?
Have you had any over the counter meds today, such as cough medicine, that we should be made aware of prior to the test?
He's a smart enough guy that, if he were taking an anti-depressant, he would have checked the appropriate field and made the proper notation.
I cannot imagine someone submitting an appeal and not being confident in this situation. The only alternative is to wave the white flag.Fight the good fight Steinberg.Dolphins | Williams says test can't be accurate
Thu, 23 Feb 2006 06:26:07 -0800
Harvey Fialkov, of the Sun-Sentinel, reports despite unconfirmed reports that he tested positive on another drug test, Miami Dolphins RB Ricky Williams has told his agent that it couldn't be accurate. "First of all, he vehemently denies he used drugs," agent Leigh Steinberg said during a radio interview on ESPN-1400 (WFLL-AM) Wednesday, Feb. 22. "He's worked too hard to get back in a position where he was at one with his teammates." Steinberg wouldn't go into specifics about his reported appeal of the failed test, but he was confident that Williams would be cleared. If not, Williams, a three-time offender of the league's substance-abuse policy, faces a minimum one-year suspension.
No kidding!!!What else is going to say? You think he's going to hold a press conference and say, "My client is a hop head and he's done for the season. I'm done with him for a career because this guy is a complete moron that would rather smoke the wacky weed than get paid millions of dollars to play a game."I cannot imagine someone submitting an appeal and not being confident in this situation. The only alternative is to wave the white flag.Fight the good fight Steinberg.Dolphins | Williams says test can't be accurate
Thu, 23 Feb 2006 06:26:07 -0800
Harvey Fialkov, of the Sun-Sentinel, reports despite unconfirmed reports that he tested positive on another drug test, Miami Dolphins RB Ricky Williams has told his agent that it couldn't be accurate. "First of all, he vehemently denies he used drugs," agent Leigh Steinberg said during a radio interview on ESPN-1400 (WFLL-AM) Wednesday, Feb. 22. "He's worked too hard to get back in a position where he was at one with his teammates." Steinberg wouldn't go into specifics about his reported appeal of the failed test, but he was confident that Williams would be cleared. If not, Williams, a three-time offender of the league's substance-abuse policy, faces a minimum one-year suspension.
Why did the news that RB Ricky Williams had reportedly failed a drug test emanate from Denver? We hear it’s because the Broncos had requested information on Williams’ status in the NFL’s substance-abuse program from the league as a prelude to a trade with the Dolphins. Word is Williams’ appeal will be upheld since the substance he tested positive for was an herb, not a drug. However, the Dolphins are ticked off since the suspension scare likely lowers Williams’ trade value.
Does the fact that it got leaked have any impact on his suspension? Are they two separate items? If an herb is on the banned substance list, doesn't that still mean he violated the program and will miss the season?Thoughts?per profootball weekly...
Why did the news that RB Ricky Williams had reportedly failed a drug test emanate from Denver? We hear it’s because the Broncos had requested information on Williams’ status in the NFL’s substance-abuse program from the league as a prelude to a trade with the Dolphins. Word is Williams’ appeal will be upheld since the substance he tested positive for was an herb, not a drug. However, the Dolphins are ticked off since the suspension scare likely lowers Williams’ trade value.
This is exactly what I couldn't understand about the report. I doubt the policy bans "herbs" or else guys who ate Oregano would become banned. I would think it specifies exactly what herbs are banned and is justified in selecting them. If Ricky tested for one, I'd expect it to be a failed test. These guys came up with the exact opposite conclusion.Does the fact that it got leaked have any impact on his suspension? Are they two separate items? If an herb is on the banned substance list, doesn't that still mean he violated the program and will miss the season?Thoughts?per profootball weekly...
Why did the news that RB Ricky Williams had reportedly failed a drug test emanate from Denver? We hear it’s because the Broncos had requested information on Williams’ status in the NFL’s substance-abuse program from the league as a prelude to a trade with the Dolphins. Word is Williams’ appeal will be upheld since the substance he tested positive for was an herb, not a drug. However, the Dolphins are ticked off since the suspension scare likely lowers Williams’ trade value.
Yes, which further confuses me about the PFW report; unless they are just allowing themselves to be used as sock puppets for Ricky's people. If an herb other than marijuana is banned, my guess would be either it is another controlled herb, or alternatively it is a widely known masking agent. They would not ban a specific herb without justification.Doesn't this just scream 'masking agent' to you guys?
no, it doesn't. Evidently Ricky was taking some herbs or whatever as part of his holistic Yoga training (of which they forbid poisons in the body like Ganja). Anyhow, Evidently one of these things caused a flase positive to occur in the test and williams would most likely have won on appeal. The guy in Denver brought this to light, breaking the confidentiality agreement of the test and now putting the NFL in a Awkward position. If they say it was a false positive, Steinberg can sue the league and denver for releasing the report when it was supposed to be confidential, or the league can suspend williams where he would have gotten off before, and then get sued. No matter what the outcome, Williams and his agent have lost money because of this and a False positive is just that, FALSE, so it should not be detrimental to the player. In this case it is.
Basically the GM in Denver who leaked the story should be fired and Denver should lose a pick. Whether that pick goes to Miami is up for debate because one of their "trading chips" was tarnished because of this incident. In any case, RW has really turned himself around from the drug stuff and much like guys like Cris Carter and the like, deserves his second chance.
In the end, I am happy because I wanted Ricky to stay with the fins. Him and Brown in that backfield are the best chance Miami has for going far next year.
Well, seeing as to how if I were to fail ONE drug test, I'd be fired from my job, and not able to get a reference. So I'm not feeling much sympathy for Mr. Williams. He's been given chance, after chance, after chance, and blown them all. Not to mention quit on his teammates, who eventually welcomed him back. And he repays them with this?I feel bad for the guy, seemed like he had turned his life around and now he's going to get nailed for some medicine that he most likely didn't know was banned by the NFL.
Seems like bad luck to me. Yes he made some mistakes, but it appears as though he turned the corner on his marijuana addiction.
I wouldn't be surprised if his appeal holds some merit.
Several Natural herbs can mask the use of drugs because they "cleanse the body". Not everyone who takes them, takes them to mask drugs. People who are into natural health use them for the actual intended purpose of cleansing the body. Ricky is obviously big time into natural health and body purification. That's why he's spending all his time in NoCal and India. If the NFL banned such an herb simply because of its masking ability, I imagine Ricky could win the appeal. As it is neither illegal nor something that would give Ricky an athletic advantage.Doesn't this just scream 'masking agent' to you guys?
You don't by chance have a link for this X-Files episode you just wrote, do you? The list of banned substances is very specific. Please go here for specific banned substances. I've read nowhere else that this is a false positive situation. Even PFW admits Ricky tested positive for an "herb" which easily could be a GNC sold 'golden seal' type herb product, or of it's ilk. The NFL is not going to make certain herb products (which happen to mask) fair game to guys like Ricky. So people in india take this to herb/mask to clense their body? Tough break. Pick a clensing agent which doesn't also serve as a masking agent.no, it doesn't. Evidently Ricky was taking some herbs or whatever as part of his holistic Yoga training (of which they forbid poisons in the body like Ganja). Anyhow, Evidently one of these things caused a flase positive to occur in the test and williams would most likely have won on appeal. The guy in Denver brought this to light, breaking the confidentiality agreement of the test and now putting the NFL in a Awkward position. If they say it was a false positive, Steinberg can sue the league and denver for releasing the report when it was supposed to be confidential, or the league can suspend williams where he would have gotten off before, and then get sued. No matter what the outcome, Williams and his agent have lost money because of this and a False positive is just that, FALSE, so it should not be detrimental to the player. In this case it is.
Basically the GM in Denver who leaked the story should be fired and Denver should lose a pick. Whether that pick goes to Miami is up for debate because one of their "trading chips" was tarnished because of this incident. In any case, RW has really turned himself around from the drug stuff and much like guys like Cris Carter and the like, deserves his second chance.
In the end, I am happy because I wanted Ricky to stay with the fins. Him and Brown in that backfield are the best chance Miami has for going far next year.
This makes no sense to me. If he's taking something that has the ability to mask, he should lose his appeal. Are you suggesting he should be allowed to continue taking an herb which in fact would mask drug use? Bad idea jeans.If the NFL banned such an herb simply because of its masking ability, I imagine Ricky could win the appeal.Doesn't this just scream 'masking agent' to you guys?
Does this mean he gets to retake the test or will the original test be rescored?Its impossible to pick an herb that cleanses the body without masking drug use because cleansing the body means cleaning out all harmful substances and all drugs are harmful substances.
I personally doubt that this is even why Ricky failed the test or that the NFL would ban an herb simply because it could help mask drug use. You would have to be talking about something powerful enough to hide heavy drug use overnight which isnt so simple as taking an herb. However if it is the reason, then yes I think Ricky could win the case. Contract issues come down to intent. The intent of the testing is to prevent use of illegal drugs and physical enhancers that improve a players athletic ability. The intent is not to stop players from protecting their immune system. You are talking about something that companies executives should be supporting. You are talking about something that is good for anybody. Something that cuts down sick days and increases morale. Something that is perfectly legal, perfectly healthy, and has religious, ethnic, and expert followings. Something that is increasing its popularity here in America. Here, the intent of the contract isnt being violated.
More likely, either it was a drug, a physical enhancer, or something used in the process of makeing either a drug or enhancer. Remember he only failed one test. Which means he either then passed the next one or immediately headed off to India. Maybe formula enhancer XYZ5000 is made using some kind of natural substance also used in yoga formula ABC300. I mentioned before that the past doesnt favor Williams in such a case. NFL players dont currently win grievances because they take an over the counter performance enhancer which contains a banned performance enhanceing material. That's something that is expected to be addressed in the next contract. The current contract and NFL stance means Ricky would likely be suspended in such a scenario. The intent of the contract is violated because the substance is a performance enhancer.
I think the only case the NFL would have to enforce not using herbs that could mask drugs would be that the player isnt cooperating with the testing program. Simuliar to a player who misses a test. If Ricky is innocent of intent, then it certainly seems like he was cooperating with the program. In which case he'd have a ligitimate grievance.
Reasonable minds will have to disagree but I couldn't disagree more. Intent should have zero value when a guy is found to be taking a banned substance. Intent is presumed for non-controlled substances listed on the banned list; presumption being that he's taking it to fool tests. That's why it's banned. I mean, "cooperating with the testing program"? You realize he's already not cooperated with the program 3 times, and showed up on 60 minutes saying he didn't agree with the NFL drug testing program. I like Ricky and he was a good story last season, but he's not entitled to a little flexibility based on intent. Either he paid close attention to what he's taking or not. I really only see him getting out of this with an appeal based on scientific proof his supplements don't contain a banned substance.Its impossible to pick an herb that cleanses the body without masking drug use because cleansing the body means cleaning out all harmful substances and all drugs are harmful substances.
I personally doubt that this is even why Ricky failed the test or that the NFL would ban an herb simply because it could help mask drug use. You would have to be talking about something powerful enough to hide heavy drug use overnight which isnt so simple as taking an herb. However if it is the reason, then yes I think Ricky could win the case. Contract issues come down to intent. The intent of the testing is to prevent use of illegal drugs and physical enhancers that improve a players athletic ability. The intent is not to stop players from protecting their immune system. You are talking about something that companies executives should be supporting. You are talking about something that is good for anybody. Something that cuts down sick days and increases morale. Something that is perfectly legal, perfectly healthy, and has religious, ethnic, and expert followings. Something that is increasing its popularity here in America. Here, the intent of the contract isnt being violated.
More likely, either it was a drug, a physical enhancer, or something used in the process of makeing either a drug or enhancer. Remember he only failed one test. Which means he either then passed the next one or immediately headed off to India. Maybe formula enhancer XYZ5000 is made using some kind of natural substance also used in yoga formula ABC300. I mentioned before that the past doesnt favor Williams in such a case. NFL players dont currently win grievances because they take an over the counter performance enhancer which contains a banned performance enhanceing material. That's something that is expected to be addressed in the next contract. The current contract and NFL stance means Ricky would likely be suspended in such a scenario. The intent of the contract is violated because the substance is a performance enhancer.
I think the only case the NFL would have to enforce not using herbs that could mask drugs would be that the player isnt cooperating with the testing program. Simuliar to a player who misses a test. If Ricky is innocent of intent, then it certainly seems like he was cooperating with the program. In which case he'd have a ligitimate grievance.
no, it doesn't. Evidently Ricky was taking some herbs or whatever as part of his holistic Yoga training (of which they forbid poisons in the body like Ganja). Anyhow, Evidently one of these things caused a flase positive to occur in the test and williams would most likely have won on appeal. The guy in Denver brought this to light, breaking the confidentiality agreement of the test and now putting the NFL in a Awkward position. If they say it was a false positive, Steinberg can sue the league and denver for releasing the report when it was supposed to be confidential, or the league can suspend williams where he would have gotten off before, and then get sued. No matter what the outcome, Williams and his agent have lost money because of this and a False positive is just that, FALSE, so it should not be detrimental to the player. In this case it is.
Basically the GM in Denver who leaked the story should be fired and Denver should lose a pick. Whether that pick goes to Miami is up for debate because one of their "trading chips" was tarnished because of this incident. In any case, RW has really turned himself around from the drug stuff and much like guys like Cris Carter and the like, deserves his second chance.
In the end, I am happy because I wanted Ricky to stay with the fins. Him and Brown in that backfield are the best chance Miami has for going far next year.
All contracts are based on intent. When a contract violation is disputed in court, the intent of the contract and reason is what determines the outcome. Intent has the most value in a legal matter. Intent can differentiate between a death sentence or community service with parole. We are talking about a legal issue and intent is everything.If his supplements dont contain an illegal natural unenhancing legal substance, then Ricky has little to appeal with. That would mean he took an illegal substance knowingly.Reasonable minds will have to disagree but I couldn't disagree more. Intent should have zero value when a guy is found to be taking a banned substance. Intent is presumed for non-controlled substances listed on the banned list; presumption being that he's taking it to fool tests. That's why it's banned. I mean, "cooperating with the testing program"? You realize he's already not cooperated with the program 3 times, and showed up on 60 minutes saying he didn't agree with the NFL drug testing program. I like Ricky and he was a good story last season, but he's not entitled to a little flexibility based on intent. Either he paid close attention to what he's taking or not. I really only see him getting out of this with an appeal based on scientific proof his supplements don't contain a banned substance.
Does this banned list even exist? I seriously doubt the league gave Ricky a list all substances it is testing for. It would be like giving him an instruction manual on how to defeat the test. So I am guessing Ricky had no idea that this substance could also be used as cleaning/masking agent and they would be testing for it.Reasonable minds will have to disagree but I couldn't disagree more. Intent should have zero value when a guy is found to be taking a banned substance. Intent is presumed for non-controlled substances listed on the banned list; presumption being that he's taking it to fool tests. That's why it's banned. I mean, "cooperating with the testing program"? You realize he's already not cooperated with the program 3 times, and showed up on 60 minutes saying he didn't agree with the NFL drug testing program. I like Ricky and he was a good story last season, but he's not entitled to a little flexibility based on intent. Either he paid close attention to what he's taking or not. I really only see him getting out of this with an appeal based on scientific proof his supplements don't contain a banned substance.
Not sure where you are going with this, but...If someone turns their life around and then gets busted for an innocent mistake, you are ready to throw him under the bus again because of what he USED to do? By all accounts ricky was a model player last year, and has turned his life around. We are not talking Michael Irvin here, more like Cris Carter. However, the problem here is really that there is always an appeal process in this case and confidentiality as well. If ricky wins on appeal does that mean you were wrong? Are you going to give him the money he is owed? False positives happen all the time in testing, whether it be blood tests, urine tests, or psychological ones. That is why they retest.I am no RW fan for what he did to the dolphins before, but I watched him this past year, and while he is still aloof, he gets it now. I disagree with the NFL drug policy as well, and with the idea that Marijuana should be illegal in any case. However, that is not what we are discussing.Reasonable minds will have to disagree but I couldn't disagree more. Intent should have zero value when a guy is found to be taking a banned substance. Intent is presumed for non-controlled substances listed on the banned list; presumption being that he's taking it to fool tests. That's why it's banned. I mean, "cooperating with the testing program"? You realize he's already not cooperated with the program 3 times, and showed up on 60 minutes saying he didn't agree with the NFL drug testing program. I like Ricky and he was a good story last season, but he's not entitled to a little flexibility based on intent. Either he paid close attention to what he's taking or not. I really only see him getting out of this with an appeal based on scientific proof his supplements don't contain a banned substance.Its impossible to pick an herb that cleanses the body without masking drug use because cleansing the body means cleaning out all harmful substances and all drugs are harmful substances.
I personally doubt that this is even why Ricky failed the test or that the NFL would ban an herb simply because it could help mask drug use. You would have to be talking about something powerful enough to hide heavy drug use overnight which isnt so simple as taking an herb. However if it is the reason, then yes I think Ricky could win the case. Contract issues come down to intent. The intent of the testing is to prevent use of illegal drugs and physical enhancers that improve a players athletic ability. The intent is not to stop players from protecting their immune system. You are talking about something that companies executives should be supporting. You are talking about something that is good for anybody. Something that cuts down sick days and increases morale. Something that is perfectly legal, perfectly healthy, and has religious, ethnic, and expert followings. Something that is increasing its popularity here in America. Here, the intent of the contract isnt being violated.
More likely, either it was a drug, a physical enhancer, or something used in the process of makeing either a drug or enhancer. Remember he only failed one test. Which means he either then passed the next one or immediately headed off to India. Maybe formula enhancer XYZ5000 is made using some kind of natural substance also used in yoga formula ABC300. I mentioned before that the past doesnt favor Williams in such a case. NFL players dont currently win grievances because they take an over the counter performance enhancer which contains a banned performance enhanceing material. That's something that is expected to be addressed in the next contract. The current contract and NFL stance means Ricky would likely be suspended in such a scenario. The intent of the contract is violated because the substance is a performance enhancer.
I think the only case the NFL would have to enforce not using herbs that could mask drugs would be that the player isnt cooperating with the testing program. Simuliar to a player who misses a test. If Ricky is innocent of intent, then it certainly seems like he was cooperating with the program. In which case he'd have a ligitimate grievance.
Only a player's first violation of the NFL Substance abuse policy can be considered innocent. After which, one would expect the player to say, "whoa, I need to take this more seriously." Once a player gets to their 3rd NFL substance abuse violation, there is no way we can consider the 4th violation innocent. We can consider it ignorant or lazy but in no way innocent.Not sure where you are going with this, but...If someone turns their life around and then gets busted for an innocent mistake, you are ready to throw him under the bus again because of what he USED to do?
I am no catholic, but a person can be saved at any point. Cris Carter was a much bigger offender than RW, and he'll be in the hall of fame. The guy took a year off of football, restarted random testing EARLIER than he needed to to prove he was clean, and has stood up for his actions.Only a player's first violation of the NFL Substance abuse policy can be considered innocent. After which, one would expect the player to say, "whoa, I need to take this more seriously." Once a player gets to their 3rd NFL substance abuse violation, there is no way we can consider the 4th violation innocent. We can consider it ignorant or lazy but in no way innocent.Not sure where you are going with this, but...If someone turns their life around and then gets busted for an innocent mistake, you are ready to throw him under the bus again because of what he USED to do?
I was not disputing if RW deserves another chance. I was disputing the possibility of considering his recent violation as 'innocent'.I am no catholic, but a person can be saved at any point. Cris Carter was a much bigger offender than RW, and he'll be in the hall of fame. The guy took a year off of football, restarted random testing EARLIER than he needed to to prove he was clean, and has stood up for his actions.Only a player's first violation of the NFL Substance abuse policy can be considered innocent. After which, one would expect the player to say, "whoa, I need to take this more seriously." Once a player gets to their 3rd NFL substance abuse violation, there is no way we can consider the 4th violation innocent. We can consider it ignorant or lazy but in no way innocent.Not sure where you are going with this, but...If someone turns their life around and then gets busted for an innocent mistake, you are ready to throw him under the bus again because of what he USED to do?
With all due respect, you are talking out your behind. You are comparing a positive drug test to a criminal offense in which state of mind, or mens rea, is actually an element of the crime (such as premeditation being an element of 1st degree vs. heat of the moment being manslaughter). That intent is an element of certain criminal offenses has nothing to do with "contracts" and it certainly has nothing to do with actual violation of an agreed upon drug testing program. If he took a banned substance, his intent in doing so will be presumed. Policy and Program for Substance AbuseAll contracts are based on intent. When a contract violation is disputed in court, the intent of the contract and reason is what determines the outcome. Intent has the most value in a legal matter. Intent can differentiate between a death sentence or community service with parole. We are talking about a legal issue and intent is everything.Reasonable minds will have to disagree but I couldn't disagree more. Intent should have zero value when a guy is found to be taking a banned substance. Intent is presumed for non-controlled substances listed on the banned list; presumption being that he's taking it to fool tests. That's why it's banned. I mean, "cooperating with the testing program"? You realize he's already not cooperated with the program 3 times, and showed up on 60 minutes saying he didn't agree with the NFL drug testing program. I like Ricky and he was a good story last season, but he's not entitled to a little flexibility based on intent. Either he paid close attention to what he's taking or not. I really only see him getting out of this with an appeal based on scientific proof his supplements don't contain a banned substance.
I'm not "going anywhere with this" other than stating what a drug testing violation means under a drug testing policy. How am I throwing him under the bus? It seems to me the NFL drug Testing Program would be what's drawing assumptions, ignoring individual nuances, and stating the ramifications for transgressions to the policy. That has nothing to do with me. Had Cris Carter or Michael Irvin tested positive for banned substance while turning their lives around, they too would have been in violation of the drug policy.Not sure where you are going with this, but...If someone turns their life around and then gets busted for an innocent mistake, you are ready to throw him under the bus again because of what he USED to do? By all accounts ricky was a model player last year, and has turned his life around. We are not talking Michael Irvin here, more like Cris Carter.Reasonable minds will have to disagree but I couldn't disagree more. Intent should have zero value when a guy is found to be taking a banned substance. Intent is presumed for non-controlled substances listed on the banned list; presumption being that he's taking it to fool tests. That's why it's banned. I mean, "cooperating with the testing program"? You realize he's already not cooperated with the program 3 times, and showed up on 60 minutes saying he didn't agree with the NFL drug testing program. I like Ricky and he was a good story last season, but he's not entitled to a little flexibility based on intent. Either he paid close attention to what he's taking or not. I really only see him getting out of this with an appeal based on scientific proof his supplements don't contain a banned substance.Its impossible to pick an herb that cleanses the body without masking drug use because cleansing the body means cleaning out all harmful substances and all drugs are harmful substances.
I personally doubt that this is even why Ricky failed the test or that the NFL would ban an herb simply because it could help mask drug use. You would have to be talking about something powerful enough to hide heavy drug use overnight which isnt so simple as taking an herb. However if it is the reason, then yes I think Ricky could win the case. Contract issues come down to intent. The intent of the testing is to prevent use of illegal drugs and physical enhancers that improve a players athletic ability. The intent is not to stop players from protecting their immune system. You are talking about something that companies executives should be supporting. You are talking about something that is good for anybody. Something that cuts down sick days and increases morale. Something that is perfectly legal, perfectly healthy, and has religious, ethnic, and expert followings. Something that is increasing its popularity here in America. Here, the intent of the contract isnt being violated.
More likely, either it was a drug, a physical enhancer, or something used in the process of makeing either a drug or enhancer. Remember he only failed one test. Which means he either then passed the next one or immediately headed off to India. Maybe formula enhancer XYZ5000 is made using some kind of natural substance also used in yoga formula ABC300. I mentioned before that the past doesnt favor Williams in such a case. NFL players dont currently win grievances because they take an over the counter performance enhancer which contains a banned performance enhanceing material. That's something that is expected to be addressed in the next contract. The current contract and NFL stance means Ricky would likely be suspended in such a scenario. The intent of the contract is violated because the substance is a performance enhancer.
I think the only case the NFL would have to enforce not using herbs that could mask drugs would be that the player isnt cooperating with the testing program. Simuliar to a player who misses a test. If Ricky is innocent of intent, then it certainly seems like he was cooperating with the program. In which case he'd have a ligitimate grievance.
I am simply showing the importance of intent when it comes to contracts and legal matters. Claiming that intent shouldnt be relevant is ignorant. Whether comparing killing someone, tax fraud, business contracts, a union contract, or employee drug testing, its always relevant in legal matters. This is a legal matter. Drug testing is a part of any union contract and also involves many laws. I've had my own union business representative explain to me the importance of intent. Once again, I'm not stating that I think Ricky is innocent. I dont believe the NFL would ban an over the counter herb simply because it could potentially mask drug use.With all due respect, you are talking out your behind. You are comparing a positive drug test to a criminal offense in which state of mind, or mens rea, is actually an element of the crime (such as premeditation being an element of 1st degree vs. heat of the moment being manslaughter). That intent is an element of certain criminal offenses has nothing to do with "contracts" and it certainly has nothing to do with actual violation of an agreed upon drug testing program. If he took a banned substance, his intent in doing so will be presumed.
If you aren't paying attention to the specific provisions from the actual drug policy that I quoted, you are the one who is being ignorant. I'm not ignorant. I'm informed because I read the policy, what triggers a failure, and how a player may appeal a determination. As cited, there are 2 ways of failing at stage 3: (1) Being uncooperative in the program in the opinion of the Director; (2) actually Testing Positive. If Ricky failed because the Director made the subjective determination that he was being uncooperative, then his appeal grounds would be saying he was in fact being cooperative, which in theory would get into a lot of gray area including what his reasons for being uncoorperative were and that it was his intent to be cooperative, etc. If he fails because he tested positive for a banned substance, which includes masking agents, his appeals ground is limited to proving he didn't test positive, and there are no other grounds for appealing that decision because it is not a subjective determination, it is a factual determination. He is responsible for what he has in his system, as I cited from the opening preamble of the policy. It doesn't say "It's critical to understand a player is responsible for what he put in his body except for when he wasn't trying to violate the policy."I am simply showing the importance of intent when it comes to contracts and legal matters. Claiming that intent shouldnt be relevant is ignorant. Whether comparing killing someone, tax fraud, business contracts, a union contract, or employee drug testing, its always relevant in legal matters. This is a legal matter. Drug testing is a part of any union contract and also involves many laws. I've had my own union business representative explain to me the importance of intent. Once again, I'm not stating that I think Ricky is innocent. I dont believe the NFL would ban an over the counter herb simply because it could potentially mask drug use.With all due respect, you are talking out your behind. You are comparing a positive drug test to a criminal offense in which state of mind, or mens rea, is actually an element of the crime (such as premeditation being an element of 1st degree vs. heat of the moment being manslaughter). That intent is an element of certain criminal offenses has nothing to do with "contracts" and it certainly has nothing to do with actual violation of an agreed upon drug testing program. If he took a banned substance, his intent in doing so will be presumed.
I've stated myself that Ricky cant win by taking a banned otc product if it is a physical enhancer or drug. So I'm agreeing with you that the intent of taking the product is presumed. Nowhere am I saying that Ricky didnt intend to take whatever he tested for. What I am saying is that if the product doesnt enhance a person's athletic ability, isnt a narcotic, and has a perfectly legitimate use, then that product doesnt violate the intent of the drug testing program. Like I said, I fail to see how a yoga drink product could cause one and only one positive test amoung many. That is what doesnt make sense.
Have you read anything that I have written? Once again, nowhere I have stated that a player is not responsible for what he puts in his body. Once again, I agree that if a player takes an over the counter supplement that tests positive because it contains a physical enhancing substance or drug, that player wont win an appeal.What I am saying is that the intent of the NFL drug policy is to ban certain performance enhancing products and drugs. Whoever came up with the idea that he tested positive for an herb that has the potential to mask drug use is what I'm arguing. I didnt come up with that. Once again, I dont believe that is the case. I myself recently had to retake a drug test because it was diluted. The result was negative-dilute. It wasnt a positive test. It could only be a positive test if it contained a drug. The leaked information coming from the press said that Ricky's test was a "drug" other than marijuana. Ricky has openly admitted to cheating the system many many times over by useing body cleansing products. Where is it that you are informed about the NFL's policy that a so-called masking herb would cause a positive test? By claiming that intent isnt important and believing that the NFL can ban whatever it wants to is your ignorance. No where in your quoted policy does it mention this. One final time, the intent of the NFL's drug policy is there to enforce drugs and steroid like products. Its intent is not to prevent a person from protecting their digestive or immune systems. That intent is relevant. That's why I dont believe this rumor. That's why I said if it was true, Ricky could win his appeal.If you aren't paying attention to the specific provisions from the actual drug policy that I quoted, you are the one who is being ignorant. I'm not ignorant. I'm informed because I read the policy, what triggers a failure, and how a player may appeal a determination. As cited, there are 2 ways of failing at stage 3: (1) Being uncooperative in the program in the opinion of the Director; (2) actually Testing Positive.
Great point. Any thoughts on my post right above this one? I could use the help.Have you read anything that I have written? Once again, nowhere I have stated that a player is not responsible for what he puts in his body. Once again, I agree that if a player takes an over the counter supplement that tests positive because it contains a physical enhancing substance or drug, that player wont win an appeal.What I am saying is that the intent of the NFL drug policy is to ban certain performance enhancing products and drugs. Whoever came up with the idea that he tested positive for an herb that has the potential to mask drug use is what I'm arguing. I didnt come up with that. Once again, I dont believe that is the case. I myself recently had to retake a drug test because it was diluted. The result was negative-dilute. It wasnt a positive test. It could only be a positive test if it contained a drug. The leaked information coming from the press said that Ricky's test was a "drug" other than marijuana. Ricky has openly admitted to cheating the system many many times over by useing body cleansing products. Where is it that you are informed about the NFL's policy that a so-called masking herb would cause a positive test? By claiming that intent isnt important and believing that the NFL can ban whatever it wants to is your ignorance. No where in your quoted policy does it mention this. One final time, the intent of the NFL's drug policy is there to enforce drugs and steroid like products. Its intent is not to prevent a person from protecting their digestive or immune systems. That intent is relevant. That's why I dont believe this rumor. That's why I said if it was true, Ricky could win his appeal.If you aren't paying attention to the specific provisions from the actual drug policy that I quoted, you are the one who is being ignorant. I'm not ignorant. I'm informed because I read the policy, what triggers a failure, and how a player may appeal a determination. As cited, there are 2 ways of failing at stage 3: (1) Being uncooperative in the program in the opinion of the Director; (2) actually Testing Positive.
This is obviously going nowhere because you are not open to reading or understanding the policy. You prefer to assume quite a lot, and that's not helpful to assessing the realities of a positive test or its ramifications. The purpose of the drug policy is not as you suggest "to bar certain performance enhancing drugs." You are pulling that out of the air. Maybe because it suits your argument, or maybe you just want to believe that, I'm not sure. It's plainly wrong. If you took 1 minute to google and read the opening paragraphs of the policy for yourself, you'd know exactly what its stated purpose is:Have you read anything that I have written? Once again, nowhere I have stated that a player is not responsible for what he puts in his body. Once again, I agree that if a player takes an over the counter supplement that tests positive because it contains a physical enhancing substance or drug, that player wont win an appeal.What I am saying is that the intent of the NFL drug policy is to ban certain performance enhancing products and drugs. Whoever came up with the idea that he tested positive for an herb that has the potential to mask drug use is what I'm arguing. I didnt come up with that. Once again, I dont believe that is the case. I myself recently had to retake a drug test because it was diluted. The result was negative-dilute. It wasnt a positive test. It could only be a positive test if it contained a drug. The leaked information coming from the press said that Ricky's test was a "drug" other than marijuana. Ricky has openly admitted to cheating the system many many times over by useing body cleansing products. Where is it that you are informed about the NFL's policy that a so-called masking herb would cause a positive test? By claiming that intent isnt important and believing that the NFL can ban whatever it wants to is your ignorance. No where in your quoted policy does it mention this. One final time, the intent of the NFL's drug policy is there to enforce drugs and steroid like products. Its intent is not to prevent a person from protecting their digestive or immune systems. That intent is relevant. That's why I dont believe this rumor. That's why I said if it was true, Ricky could win his appeal.If you aren't paying attention to the specific provisions from the actual drug policy that I quoted, you are the one who is being ignorant. I'm not ignorant. I'm informed because I read the policy, what triggers a failure, and how a player may appeal a determination. As cited, there are 2 ways of failing at stage 3: (1) Being uncooperative in the program in the opinion of the Director; (2) actually Testing Positive.
Could it be more clear? That said, the purpose of the policy is a combination of physical health, league image, and performance. To that end, the NFL bans quite a lot of things. The NFL bans: (1) performance enhancing drugs which are harmful to the body, (2) controlled substances which are both illegal and harmful to the body (including alcohol if abuse is evident), and (3) those substances/drugs commonly used to mask a positive test of either. If you want to see a complete list of the substances banned by the NFL, go here. As you can see, they do include specific masking agents by name (chemical and brand). Intentionally, accidentally, or however, if one tests for any substance on that list it causes a positive test and the player is subject to penalty and intervention. It simply doesn't matter whether he took a masking agent trying to mask pot or reach the next level of Zen, it is a positive test if what he took is listed in the banned substances. It's his responsibility to know if his holistic substances/herbs are on the banned list. Players are *absolutely* aware that masking agents are listed and can readily seek advice from their physician if they want to make sure no banned substances are contained in their supplements/herbs/drugs. Certain drugs are even pre-certified by the NFLPA and carry a stamp of approval.Also, it makes no sense to point to your own employer's policy to support your assumptions of how flexible/reasonable the NFL drug testing policy should be. While you got a retest for diluted sample, which is a common employment practice, the NFL policy clearly states: "to provide a dilute specimen (A “dilute specimen” shall be defined as a urine specimen which has a specific gravity value less than 1.003 and a creatinine concentration of less than 20 mg/dL), will be deemed the equivalent of a Positive Test."NATIONAL FOOTBALL LEAGUE POLICY AND PROGRAM FOR SUBSTANCES OF ABUSE
General Policy
The illegal use of drugs and the abuse of prescription drugs, over-the-counter drugs, and alcohol (hereinafter referred to as "substances of abuse") is prohibited for players in the National Football League ("NFL"). Moreover, the use of alcohol may be prohibited for individual players in certain situations where clinically indicated in accordance with the terms of this Policy.
Substance abuse can lead to on-the-field injuries, to alienation of the fans, to diminished job performance, and to personal hardship. The deaths of several NFL players have demonstrated the potentially tragic consequences of substance abuse. NFL players should not by their conduct suggest that substance abuse is either acceptable or safe.
What, like people who are going to trial for something they KNOW they did always plead "Guilty"?I cannot imagine someone submitting an appeal and not being confident in this situation. The only alternative is to wave the white flag.Fight the good fight Steinberg.Dolphins | Williams says test can't be accurate
Thu, 23 Feb 2006 06:26:07 -0800
Harvey Fialkov, of the Sun-Sentinel, reports despite unconfirmed reports that he tested positive on another drug test, Miami Dolphins RB Ricky Williams has told his agent that it couldn't be accurate. "First of all, he vehemently denies he used drugs," agent Leigh Steinberg said during a radio interview on ESPN-1400 (WFLL-AM) Wednesday, Feb. 22. "He's worked too hard to get back in a position where he was at one with his teammates." Steinberg wouldn't go into specifics about his reported appeal of the failed test, but he was confident that Williams would be cleared. If not, Williams, a three-time offender of the league's substance-abuse policy, faces a minimum one-year suspension.
I chalenge anyone to dig up a link of an attorney who publically says "Frankly, we just don't have a chance." Guess what happens to those attorneys? They get fired in favor of attorneys who blow sunshine up their client's rears.Again, I'm not saying Ricky can't win an appeal because none of us knows the facts. It's certainly possible he took some unlisted substance that mistakenly showed up on a test as being a banned substance. Who knows.What, like people who are going to trial for something they KNOW they did always plead "Guilty"?I cannot imagine someone submitting an appeal and not being confident in this situation. The only alternative is to wave the white flag.Fight the good fight Steinberg.Dolphins | Williams says test can't be accurate
Thu, 23 Feb 2006 06:26:07 -0800
Harvey Fialkov, of the Sun-Sentinel, reports despite unconfirmed reports that he tested positive on another drug test, Miami Dolphins RB Ricky Williams has told his agent that it couldn't be accurate. "First of all, he vehemently denies he used drugs," agent Leigh Steinberg said during a radio interview on ESPN-1400 (WFLL-AM) Wednesday, Feb. 22. "He's worked too hard to get back in a position where he was at one with his teammates." Steinberg wouldn't go into specifics about his reported appeal of the failed test, but he was confident that Williams would be cleared. If not, Williams, a three-time offender of the league's substance-abuse policy, faces a minimum one-year suspension.