Josh Gordon

Sunday Roundup: Harbaugh, Gordon, Manuel

After Michigan’s embarrassing loss to Notre Dame on Saturday evening, Mike Florio of Pro Football Talk wondered if Michigan fans would begin to dream of 49ers‘ head coach Jim Harbaugh‘s return to Ann Arbor to coach his alma mater. We detailed Harbaugh’s contract situation last month, and as Florio writes, “with no new contract in place and no plan to try to work one out until after the season, Michigan could opt to chase Harbaugh.”

In a series of tweets, Ian Rapoport of NFL.com reports that some 49ers sources believe that Harbaugh is already losing his locker room as the club’s veterans are wondering if their coach is really “all in.” Rapoport adds that some veterans were annoyed that Harbaugh took the team to Baltimore for a few days to hold joint practices with his brother, John, head coach of the Ravens. Between those rumblings and the fact that an extension was not reached in the offseason, Rapoport wonders if this will be Jim Harbaugh’s final season in San Francisco.

Now for some more notes from around the league as the season gets underway in full force:

  • Rand Getlin of Yahoo! Sports tweets that the 49ers will re-sign special teams standout Kassim Osgood tomorrow. Joel Corry notes (via Twitter) that the team did the same thing with Osgood last season (release him at the end of camp only to re-sign him after Week 1) and will get termination pay relief again.
  • Mary Kay Cabot of the Cleveland Plain-Dealer writes that, under the terms of the new drug policy being discussed by the league and the player’s union, Josh Gordon could be reinstated and back on the field for the Browns as early as next week, though he might still be suspended two games in November for his pending DWI charge.
  • ESPN NFL Insider Adam Schefter reports that there are some within the Bills organization who are skeptical of EJ Manuel‘s ability to succeed, and the team is not afraid to make a switch to Kyle Orton.

 

Latest On Drug Policy Talks

SUNDAY, 10:20am: Citing a source with knowledge of the situation, Mike Florio of Pro Football Talk writes that the NFL and NFLPA moved farther apart in their drug policy talks on Saturday night. The earliest any deal could happen would be tomorrow or Tuesday, but this recent development could delay such an agreement. However, as Florio writes, “Look for the talks to continue and a deal to remain possible unless and until one side or the other completely shuts down the negotiation process.”

According to Tom Pelissero of USA Today, there would be a breakdown in the process if the the NFL insists on the right to discipline players for DUI arrests prior to due process in the legal system. If that happens, then the NFLPA will not agree to a comprehensive drug policy.

SATURDAY, 6:00pm: Mike Florio of Pro Football Talk provides a handful of updates on the drug policy talks, writing that the league is proposing a one-game deactivation for any player or other team employee (including owners) who is arrested for DUI. In other words, an arrest without a conviction wouldn’t result in a suspension or lost pay, though the NFL would like first-time offenders to face a minimum two-game suspension after the conclusion of the legal process.

Per Florio (Twitter links), the ball is currently in the NFL’s court to respond to the NFLPA’s latest proposal, but a new agreement won’t be in place until Monday or Tuesday at the earliest, so any current suspensions will stand for this weekend at least.

SATURDAY, 11:50am: Ian Rapoport of NFL.com tweets that the NFL and player’s union continue to work towards an agreement, and that Sunday is a soft deadline. Mark Maske of The Washington Post tweets that the two sides are trying to “complete something” today.

SATURDAY, 10:42am: We’ve heard whispers over the past couple of days that the NFL and the player’s union are diligently working on a new league drug policy. A league source tells Mike Florio of ProFootballTalk.com that an announcement could come at any time.

As Florio writes, the agreement would focus on the NFL using players’ blood test to check for the use of human growth hormone. Additionally, there would be changes in the league’s substance-abuse policy; a positive marijuana test will now be based on a higher grading-scale (which could affect Browns wideout Josh Gordon). The league will also consider offseason use of amphetamines a violation of the substance-abuse policy (which could affect Broncos receiver Wes Welker).

Florio also reports that the two sides agreed on a new deal regarding human grown hormone appeals. Any appeal for a positive PED or HGH test will now be heard through a third-party arbitrator, as opposed to commissioner Roger Goodell. Florio writes that the league is requesting the right to suspend players arrested for DUIs before their legal cases are cleared up in court.

There were reports yesterday suggesting that the player’s union refused an offer from the NFL to erase Gordon’s suspension in exchange for a resolution on the HGH testing, and Florio clarifies those rumors. NFLPA spokesperson George Atallah told PFT that the deal was never offered:

“The union would never negotiate an entire substance-abuse policy or PED policy based on one player.”

Josh Gordon Doesn’t Intend To Sue NFL?

10:31pm: Mike Florio of Pro Football Talk disputes that Gordon has ruled out legal action against the NFL, citing a league source who says that Gordon “has not abandoned plans to sue.” Rather, Gordon will wait for the ongoing drug policy battle between the league and the union to play out in the hopes that a deal reducing or vacating his suspension will be struck.

6:46pm: While it seems unlikely, reports this week have suggested that there’s a chance a new agreement on drug testing between the NFL and NFLPA could overturn some suspensions currently being served by players who wouldn’t have been disciplined under the new policy. We’ll have to wait to see how that story develops, but in the meantime, we know one thing: Josh Gordon has no plans to sue the NFL after his one-year suspension was upheld, writes Elizabeth Merrill of ESPN.com.

“The whole being in limbo thing, I’m over it,” Gordon said. “I’m not waiting on the edge of my seat anymore.”

Gordon also tells Merrill that he checked himself into a rehab clinic in Malibu back in July, despite the fact that he doesn’t consider himself an addict. He had to cut the program short to report to training camp and prepare for his appeal, but he spent two weeks at the facility, writes Merrill. The Browns wideout also said he doesn’t think he has smoked marijuana since before he entered the NFL, suggesting that his failed test was a result of second-hand smoke.

So why did Gordon check himself into rehab if he doesn’t believe he’s an addict and claims not to have smoked marijuana anytime recently? “Just to see,” he said. “To seek out some help on decision making. Not drug use or drug abuse, but decision making. Life skills. How to be your own person and stuff like that.”

Having accepted his fate for the coming season, Gordon has found non-NFL employment in the interim. As we heard yesterday, 2013’s leading receiver has accepted a position with the Sarchione Auto Group in Northeast Ohio, where he’ll act as both an on-floor salesman and as head of the group’s local outreach projects.

“I plan to spend it staying busy, that’s for sure,” Gordon said. “Staying positive and surrounding myself with positive, good people who are only here to support me. Nothing to tear me down negatively. Just carry on about life. There’s definitely life outside of football.”

NFLPA Refused HGH, Gordon Offer

While we heard yesterday that the NFL was considering vacating the suspensions of Josh Gordon, Wes Welker, and other players as part of a new drug policy agreement, the union doesn’t seem to have looked fondly upon that proposal. A league source tells Mike Florio of Pro Football Talk that the NFLPA refused an offer from the league to expunge Gordon’s one-year ban in exchange a resolution on HGH testing.

Per Florio, the union is loathe to consider an accord that aids one player (Gordon) at the expense of others. The new policy would likely raise the league’s THC limit, which currently sits at 15 nanograms per mililiter, to something approaching the standard of MLB (50 ng/ml) or the Olympics (150 ng/ml). Gordon’s positive marijuana test came back with 16 ng/ml, just one nanogram over the limit.

On the matter of HGH, Florio reports that the NFLPA wants commissioner Roger Goodell to give up disciplinary power on HGH issues that don’t relate to a positive test. Instead, the union prefers that a third-party arbiter handle such instances.

For his part, Gordon indicated earlier today that he does not intend to sue the league to in order to play in 2014.

Gordon, Welker Bans Could Be Reduced

FRIDAY, 4:17pm: In a series of several tweets, Hill passes along the latest on the negotiations: Per multiple sources, there’s no chance anything gets finalized today, and the two sides still aren’t sure about the retroactive lifting of suspensions, and how it would apply to domestic violence incidents as well as drug-related penalties. One roadblock has been the NFL’s desire to suspend players immediately upon an arrest for suspicion of DUI, rather than a conviction, which the NFLPA doesn’t intend to agree to.

12:40pm: NFLPA executive George Atallah (on Twitter) says there’s no sense of urgency from the players’ side in overhauling the drug policies. In his estimation, it seems that the league is planting stories to infer that a deal is close.

11:25am: The league is now wary of opening up Pandora’s box by retroactively lifting suspensions, Hill tweets.

10:16am: Sources tell Clarence Hill Jr. of the Star-Telegram (on Twitter) that the new drug policy is very close to getting done. When and if the new policy is enacted, Orlando Scandrick‘s suspension will be lifted immediately.

8:39am: Under the new proposed policy, the 29 players suspended for stimulants since 2011 would’ve been entered into a program without a suspension, Breer tweets. On the flip side, 22 players who were assessed five-figure fines for DUIs would’ve been suspended (link).

8:28am: NFLPA Executive Director DeMaurice Smith told 106.7 The Fan in Washington D.C. that he’d want all players busted during the 2014 league year to be penalized under the new rules, tweets Albert Breer of the NFL Network. “If we get a deal done that covers players in this league year, I don’t like that we punish players under a deal active in the old league year,” Smith said (link).

Breer’s understanding (link) is that a revised policy would raise the threshold for an A sample on a marijuana test from 15 ng/ml to 50 ng/ml, the same threshold used by MLB and the military. One thing to keep in mind, however, is that Gordon’s failed drug test reportedly took place in the 2013 league year, so he wouldn’t necessarily be off the hook if the league and the NFLPA agreed to adjust the current drug policy (link).

THURSDAY: We learned earlier today that the while the league and the NFLPA have intensified talks regarding implementing HGH testing and overhauling the current drug policy, union president Eric Winston has cautioned that an agreement isn’t quite ready yet. If negotiations proceed quickly, two players affected by the policy — Josh Gordon and Wes Welker — might be able to return to the field soon, reports Mike Florio on NBC (link via Michael David Smith of Pro Football Talk).

Per Florio, one alteration to the new policy would raise the THC threshold for triggering marijuana-related bans; Gordon, of course, was suspended for the 2014 season after his sample tested barely over the THC limit. Another change to the policy would transfer amphetamine use from the performance-enhancing umbrella to the substance-abuse realm. A first-time PED offense triggers an automatic four-game ban, while a substance-abuse incident does not.

If the proposed rule changes grandfathered in already-suspended players, Gordon, Welker, and others that are currently facing bans could return to action. In fact, Florio noted that if the deal between the NFL and the union gets done in the next few days (which is unlikely), the two star receivers could potentially play on Sunday. Welker, of course, might still be limited by his latest concussion, but nevertheless, it would be a stunning reversal of fortunes for the Broncos, Browns, and other teams who have lost key players to drug suspensions. It’s unclear if the suspensions would merely be lessened, or if they’d be vacated completely.

Meanwhile, Albert Breer of the NFL Network hears (Twitter link) that retroactive penalty changes aren’t what’s holding up discussions of a new deal — rather, DUI policy is the “[number one] hangup” in negotiations. We heard last week that commissioner Roger Goodell wants a mandatory de-activation and two-game suspension for DUI offenders, a stance the NFLPA has fought. Breer adds that Sunday is being treated as a “soft deadline” for talks, as union representatives probably don’t want negotiations dragging into the season.

Zach Links contributed to this post.

AFC Notes: Gordon, Leshoure, Brown, Reed

Amid reports that Josh Gordon‘s suspension could possibly be reduced pending a new drug policy agreement, the Browns receiver has found new employment that has nothing to do with the NFL. According to Josina Anderson of ESPN (via TwitLonger), Gordon has accepted a position with the Sarchione Auto Group in northeast Ohio. He’ll act as both an on-floor salesman and as head of the group’s local outreach projects. While it’s nice to hear that the troubled 23-year-old has found some form of structure, I’m sure Gordon is hoping he can return to the field before 2015. Let’s look at some more news from the AFC.

  • The Lions released 2011 second-rounder Mikel Leshoure over the weekend, but the 24-year-old running back could soon find a new team, as Dave Birkett of the Detroit Free-Press reports (on Twitter) that Leshoure has scheduled a visit with the Colts. Given Trent Richardson‘s 2013 struggles and Ahmad Bradshaw‘s injury history, Indianapolis would do well to add a player with Leshoure’s pedigree.
  • After the league announced Andre Brown‘s eight-game suspension today, our Luke Adams wondered if the Texans had known the ban was coming, and if that knowledge precipitated the running back’s release earlier this month. According to Tania Ganguli of ESPN.com (via Twitter), Houston was aware of Brown’s impending suspension — in fact, the Texans thought he might be suspended for even longer than a half-season.
  • Texans linebacker Brooks Reed, entering the final year of his contract, worked out with teammate J.J. Watt during the offseason, and he’s hoping the extra effort will lead to a new deal with the club, writes John McClain of the Houston Chronicle. “Yeah, I better get 20 sacks,” said Reed, laughing. “It’s my last year, and I expect — as do my coaches — to improve on the years I’ve had here. I put a lot into the offseason. I trained very hard. Hopefully, it’ll work out for the best.”
  • Jason Fitzgerald of Over the Cap breaks down the full details of Alex Smith‘s contract extension with the Chiefs.
  • The Raiders have reached a $1.25MM settlement with 90 cheerleaders who argued that the team violated labor laws by refusing to pay minimum wage and failing to pay for business expenses, according to Robin Abcarian of the Los Angeles Times.

Josh Gordon To Decide On Lawsuit This Week

After his one-year suspension was upheld last week, Browns receiver Josh Gordon was reportedly exploring his legal options, with a lawsuit against the NFL perhaps his best recourse. According to Mike Florio of Pro Football Talk, Gordon and his legal team will decide “in the next day or two” whether to press ahead with courtroom action.

As Rand Getlin of Yahoo! Sports detailed last week, Gordon would likely seek an injuction, similar to the one that stymied drug-related suspensions for Kevin Williams and Pat Williams in 2008, that would allow him to return to the field immediately, and continue playing until the case is resolved. Per Florio, this will be a difficult task, as a court would need proof that Gordon was likely to eventually win the case.

It’s doubtful such a lawsuit would be successful, writes Florio, unless a court finds an obscure Ohio law that contradicts the NFL’s drug program. While noting that Gordon doesn’t have much to lose by at least attempting to sue, Florio writes that Gordon should be wary of upsetting the league, as the NFL and commissioner Roger Goodell have the discretion to allow the receiver to return from his ban before one calendar year expires. Making headlines by facing the league in court might not be the optimal manner by which to endear oneself to NFL management.

Browns Cut Nate Burleson, Others

5:31pm: The Browns have confirmed the previous roster moves noted below in this post, and have announced their other 14 moves to reach the 53-man roster limit. Here’s the list of players cut from the active roster:

Additionally, Josh Gordon and Marlon Moore have been placed on the reserve-suspended list.

1:20pm: The Browns have also let go of their third-round pick from last season, among other players:

10:00am: The Browns have released veteran wide receiver Nate Burleson, Cleveland.com’s Mary Kay Cabot reports on Twitter. The 33-year-old signed with Cleveland in April after having spent the past four seasons with the Lions.

It wasn’t a sure thing that the veteran would make the roster, considering he’s only appeared in 15 games over the past two years. Burleson also hinted that he was considering retiring following the 2014 season. However, at the very least, Burleson was expected to be a veteran leader to the team’s group of young wideouts. As Brian McIntyre tweets, $285K of Burleson’s base salary is full guaranteed.

The Browns will also let go of running back Chris Ogbonnaya, according to Cabot (via Twitter). The 28-year-old has compiled 130 carries since joining the Browns in 2011.

The rest of the Browns moves will be listed below:

Josh Gordon Considering Legal Options

Browns star Josh Gordon and his team are considering pursuing legal remedies now more than ever, according to Rand Getlin of Yahoo Sports (via Twitter). The idea is that Gordon would seek to obtain an injunction, which would him to play until litigation ends.

Getlin adds (link) that any injunction that would allow Gordon to play would be granted on highly technical grounds and it’s unclear which laws Gordon’s team would utilize. There is precedent for an injunction allowing NFL players to stay on the field while things are hashed out in court, however. Vikings defensive tackles Kevin Williams and Pat Williams managed to put their StarCaps suspensions on hold in 2008 before finally having to serve their time three years later.

Earlier today it was reported that Gordon has explored playing in the CFL and the Calgary Stampeders, who hold his CFL rights, “want him badly.” That still sounds like something of a longshot, however, as the CFL’s rules wouldn’t allow Gordon to sign with a team unless the Browns were to cut him and he passed through waivers.

Josh Gordon Has Explored Playing In CFL

10:08am: According to Mike Florio of Pro Football Talk (via Twitter), the Calgary Stampeders hold Gordon’s CFL rights and “want him badly.” That may not matter much though, since it seems as if the Browns and the CFL itself will dictate whether Gordon gets an opportunity to play in the league.

9:26am: Now that his appeal has officially been denied, Josh Gordon won’t be playing a game in the NFL during the 2014 season, but it sounds as if he and his camp are mulling other possible scenarios. According to Chris Mortensen of ESPN.com (via Twitter), the Browns wideout has explored the possibility of playing in the Canadian Football League for the rest of the CFL’s season.

Considering Gordon is still under contract with the Browns through 2015, it would be nearly impossible for the 23-year-old to actually land with a CFL team. As Ian Rapoport of NFL.com points out (Twitter link), the league’s rules wouldn’t allow Gordon to sign with a team unless the Browns were to cut him (and even then he’d have to pass through NFL waivers). Cleveland could potentially ask the CFL to make an exception to that rule to allow Gordon to play up north, but Mary Kay Cabot of the Cleveland Plain Dealer says (via Twitter) that the team isn’t interested in granting him permission to pursue that opportunity.

Now that Gordon is not permitted to practice with the Browns or attend team meetings, getting him under the support system of another professional coaching staff may have been in his best interests, so it’s not surprising that his camp has looked into the possibility. However, we shouldn’t expect to see the star wideout wearing a Toronto Argonauts or Montreal Alouettes uniform anytime soon.