Mar
17

Football Players Sue After Being Banned Under NFL Steroid Policy

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The National Football League banned  Denver Broncos linebacker D.J. Williams and defensive lineman Ryan McBean for violating the NFL’s steroid policy. Williams and McBean were suspended for six games but not because they tested positive for anabolic steroids or any specific banned performance-enhancing substance. The NFL alleged that the two players provided “non-human” urine samples to the drug testing officer.

“I have never failed a test of any kind — for steroids or illegal substances — during my eight-year pro career,” Williams said in a statement released to the media. “I am proud of my record and proud of the way in which I conduct myself as a professional athlete and citizen.”

Peter Schaffer, the attorney for McBean, attacked the NFL for violating the rights of his client. He reiterated that McBean never tested positive for steroids of PEDs.

“I want to make emphatically clear that neither one of these players tested positive for a banned or an illegal substance,” Schaffer said.

Marci Gilligan, with the law firm of Ridley McGreevy & Winocur, filed a lawsuit on behalf of the players in Denver County Court seeking an injunction against the suspensions until the case can be examined by the court.

The players have alleged that the drug testing officer responsible for collecting their urine sample violated the NFL’s steroid policy with “several departures from the NFL Specimen Collection Procedures”.

Schaffer acknowledged the similarities between his client’s appeal of the suspension and that of Milawaukee Brewer’s Ryan Braun. Braun recently won his appeal that overturned a 50-game suspension for testosterone use. Braun convinced an independent arbitrator that the sample chain of custody was not maintained by the drug testing officer Dino Laurenzi Jr.

In the Braun case, Laurenzi was practically universally defended by various anti-doping agencies including the United States Anti-Doping Agency (USADA). Laurenzi’s protocol was described as standard operation procedure for not only MLB but also WADA specimen collection.

By contrast, the drug testing officer responsible for collecting Williams’ and McBean’s urine sample was fired by the NFL for “dereliction of duty”.

At the players’ suspension hearing, NFL administrators admitted that the drug testing officer failed to properly safeguard and maintain the chain of custody for the urine samples.

The NFL hearing officer Harold Henderson nonetheless ruled against the players by denying the appeal.

Unlike the MLB, the NFL does not have an independent arbitrator who rules on player appeals. Henderson works in the NFL commissioner’s office.

Source:

Weishampel, S. (March 14, 2012). NFL Players Challenge Their Suspensions. Retrieved from http://www.courthousenews.com/2012/03/14/44678.htm

ESPN. (March 13, 2012). Broncos players sue NFL over bans. Retrieved from http://espn.go.com/nfl/story/_/id/7680243/denver-broncos-defenders-dj-williams-ryan-mcbean-sue-nfl-bans