ESPN’s Chris Mortensen is reporting that Broncos linebacker Von Miller is facing a six game suspension for violations of the NFL’s Substance Abuse Policy. It was reported earlier that the NFL was trying to suspend Miller for what was then four games, but that Miller was appealing the suspensions. Since that time it would appear that things have gotten worse.
So how did we go from four games to six? Why the sudden increase? Lets look at the Substance Abuse Policy. In today’s environment, it is important to note that this policy is separate from the Performance Enhancing Drug policy, and is more related to use of illegal drugs and/or alcohol.
Under the Substance abuse policy, stage one involves no discipline from the league, but rather a program of treatment for the player. The player will progress from stage one to stage two on the advice of the NFL’s medical director after a certain period of time, regardless as to whether stage one was successfully completed. We don’t know when, or why Miller entered stage one, but it has been reported by the Denver Post that in his rookie year of 2011, Miller failed tests for marijuana and amphetamines.
In stage two the discipline process begins. The Policy reads that discipline becomes possible if a player “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.”
The penalties for any of these are as follows:
- If a player successfully completed stage one, forfeiture of four game cheques for a first offence in stage two.
- If a player did not successfully complete stage one, a four game suspension for a first offence in stage two.
- For a second offence under stage two, a six game suspension.
It would appear that since the violation was originally reported as a four game suspension, Miller did not successfully complete stage one. Further it would appear that a second violation has been uncovered at some point in the process. Lastly, Miller has been insistent that there has not been a positive test, and given the various potential violations there is no reason to doubt this. There are many things, other than a positive test, which can lead to suspension under the agreement.
A third violation after this is all over? It would see Miller banned for a year.
According to Mortensen, Miller is now attempting to get his ban reduced from six games to four games. It seems likely that he is fighting one of the two violations.
Miller was arrested on Sunday on a warrant for a failure to appear on a traffic violation. According to reports, this is unrelated to the potential six game suspension.
ESPN is further reporting that at least one of Miller’s violations was for having a diluted urine sample in one of his recent off-season tests.
For their part the Denver Broncos are furious at the leaking of the report. Miller practiced at Broncos’ practice on Monday but was escorted off the field without talking to reporters.
Instead, coach John Fox lashed out saying, “There really is no ‘latest.’ We’re aware of reports, but sometimes, it’s erroneous, because we’d probably find out before other people.”
Fox went on to say, “We don’t know the suspension. There is no suspension. At which time there is, we’ll report that. Anything else there is right now, really, is just talking heads.”
Miller, 24, had 18.5 sacks last season for the Broncos. In 2011 he was named the AP defensive rookie of the year after being drafted 2nd overall by the Broncos.
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