NFL Players Association

NFL, NFLPA Agree On Concussion Protocols, Conclude Investigation

October 8th, 2022 at 3:50pm CST by Ely Allen

OCTOBER 8: In response to the pleas of the NFLPA, the NFL has agreed to the terms of the new NFL-NFLPA Concussion Evaluation and Management Protocol, which will be in effect for this weekend’s slate of games, as first reported by ESPN’s Chris Mortensen.

The changes that were agreed upon added “ataxia,” defined as an “abnormality of balance/stability, motor coordination or dysfunctional speech caused by a neurological issue,” to a list of mandatory “no-go” symptoms, according to the two parties’ joint statement, first released by Tom Pelissero of NFL Network.

The joint statement also seems to announce the conclusions of the investigation into Tagovailoa’s situation:

“While the investigation determined that the team medical staff and unaffiliated medical professionals followed the steps of the Protocol as written, the NFL and NFLPA agree that the outcome in this case is not what was intended when the Protocols were drafted.”

This essentially states that the individuals involved in clearing Tagovailoa were able to circumvent the intentions of the concussion protocol to return the quarterback to the field without explicitly disobeying any guidelines of the protocol. This obvious loophole, which allowed alternative causes of gross motor instability to help a player return to play despite showing symptoms of a neurological issue, was what both parties agreed to address in updating the protocol.

From this point on, any player “diagnosed with ‘ataxia’ by any club or neutral physician involved in the application of the Concussion Protocol…will be prohibited from returning to the game, and will receive the follow-up care required by the Protocol.”

It’s wishful thinking, but perhaps this will neatly wrap up the situation surrounding Tagovailoa and the concussion protocol. The flaws in the protocol were addressed, the responsible parties who put Tagovailoa in danger were punished, and the NFL and NFLPA were able to come to an agreement on the conclusions of both situations. It certainly is not the end of health and mental health concerns in the NFL, but it lays a groundwork for how to handle these situations in the future.

OCTOBER 7: There have been some interesting updates in the past couple of days to the situations surrounding both the progress of changing the NFL’s concussion protocols and the progress of the case surrounding the league’s handling of Dolphins quarterback Tua Tagovailoa‘s injury. Yesterday, former All-Pro cornerback and current member of the NFL Players Association’s Executive Committee Richard Sherman put forth the committee’s belief that “the concussion protocols were not followed” in Tagovailoa’s case, according to Mike Florio of NBC Sports.

Both the NFL and the NFLPA reportedly hoped to announce the results of their investigation before this week’s Thursday night football game, but, since the two parties have yet to come to an agreement on what transpired or what consequences will result, no announcement was made. Sherman made the union’s opinion known and reiterated that they would like for “the players to be treated like patients, not like football players who are intent on being cleared to play football as quickly as possible.” Sherman questioned the NFL’s medical doctor’s stance that an “abundance of caution” was utilized, questioning what “an aggressive approach” would look like.

If the two sides are unable to reach an agreement about what occurred and what should be done about it, the NFLPA will be able to file a grievance which may lead to an arbitration to resolve the case. The investigation “remains ongoing and no resolution is imminent,” according to a tweet from Tom Pelissero of NFL Network.

There seems to be more agreement and collaboration concerning the proposed new concussion protocols. A statement from the NFLPA, first reported by Mike Garafolo of NFL Network, states that the “union has agreed to change the concussion protocols to protect players from returning to play in the case of any similar incident” to what was seen with Tagovailoa. The statement also puts forth a desire that the new protocols be put into effect as soon as possible, before the weekend’s slate of NFL games, and urges the league to accept the change in protocol, as well, in time to make that happen.

A statement from the NFL in response to the NFLPA’s statement, and first reported by Pelissero, seems to agree without really agreeing. The statement says that the league agrees “that changes to the joint NFL-NFLPA protocols are necessary to further enhance player safety,” but doesn’t say outright that they agree to the proposed changes. They also don’t blatantly state that they will put the changes into effect, instead claiming that they have “spoken to members of the NFL Head, Neck and Spine Committee and the leadership of the Unaffiliated Neurotrauma Consultants and Independent Certified Athletic Trainers who serve as spotters to discuss these likely changes.”

The proposed changes center on essentially closing the “loophole” on gross motor instability. The NFL has agreed to modify the protocols but has yet to approve the final language. Their responding statement seems to be an attempt to temper the expectations of the Players Association. While it would be ideal to implement the new protocol as soon as this weekend, the actual process of ensuring the protocol is applied consistently across the league requires re-training all involved members of the medical parties listed above in the NFL’s statement.

The league seems to be attempting to show the NFLPA that they are working towards implementing the necessary changes as soon as possible, without guaranteeing that there will be no bumps on the road of that implementation this weekend. The wheels appear to be in motion towards change, but the road is a bit longer than most would have hoped and requires a bit more time to travel.

Latest On Amended Concussion Protocols

October 2nd, 2022 at 7:57pm CST by Ely Allen

The league is inching closer to officially amending its concussion protocol, according to NFL Network’s Tom Pelissero. The update, provided by NFL chief medical officer Dr. Allen Sills, reports that the NFL and the Players Association are “still discussing final language and unintended consequences” of the new concussion protocol.

The assumption is that the changes that require specific language to avoid unintended consequences would be the ongoing discussions over “gross motor instability” and its interpretation. Unchanged, the current protocols allow what happened with Dolphins quarterback Tua Tagovailoa. In Tagovailoa’s situation, the team was able to pinpoint a back injury as the source of Tagovailoa’s stumbling, allowing him to return to the game despite the fact that he underwent concussion protocols in the days after the game leading up to the Thursday night contest.

The amended protocols would not allow the stumbling to be assigned to an injury that would permit a player to return to a game. Instead, any displayed gross motor instability would result in a player being removed from a game. While it sounds like that could set a dangerous precedent wherein anybody who trips and falls is taken out of the game, that’s exactly why the NFLPA and the league are spending so much time on the language to avoid “unintended consequences.”

The amendment is also intended to err on the conservative side. Dr. Sills was quoted saying, “Our goal is to get them out and not let them play.” He emphasized that, despite the firing of the unaffiliated neurotrauma consultant that cleared Tagovailoa to return from his first injury, the team physicians “have the final say in diagnosing concussions and return to play.” He also posits that there is “no team doctor anywhere in the league who’s going with a differing opinion.”

Dr. Sills put forth that the new protocols could go into effect as soon as Week 5 of this season. He cautioned, though, that there should be an emphasis on educating how to apply the new protocol consistently league-wide: from team physicians to UNC’s to certified athletic trainers who are employed to spot potential head trauma.

As for Tagovailoa’s case and the investigation into the situation, Adam Schefter of ESPN reports that Tagovailoa is expected to be interviewed about the sequence of events last week. Schefter reports also that the investigation is expected to continue for another week or two and that the results of the investigation are still expected to be announced “almost immediately after” the investigation has concluded.

NFLPA Beginning Search For DeMaurice Smith Successor

October 2nd, 2022 at 1:52pm CST by Adam La Rose

The NFLPA has had stability at the top for over a decade, but it will have a new leader in the relatively near future. Executive director DeMaurice Smith is currently in his final term, and the union is beginning the search process for his successor.

Smith, 58, was re-elected last October. The vote which extended his stay came in the wake of the latest CBA negotiations, which saw a notable split amongst the players. Smith received the minimum 22 votes required to retain his position, but his final term is expected to be brief.

The NFLPA’s executive director since 2009, Smith will be replaced by no later than 2025, per NFL Network’s Tom Pelissero. He adds, however, that Smith’s transition to a consulting role will more likely take place along a quicker timeline than that. The union’s search for his successor has just begun, with a vote being possible to take place as early as March 2023.

To date, only one candidate has emerged: former Pro Bowl quarterback Matt Schaub. The 41-year-old’s playing career ended after the 2020 season, the final year of his second stint with the Falcons. Schaub – who also spent seven seasons as the Texans’ starter – has been a vocal critic of the two most recent CBAs, and their impact on players.

“It is unprecedented what we’ve done the last two CBAs, with the tenure of the deals, which is almost triple the average career length of most players,” he said recently, via Daniel Kaplan of The Athletic (subscription required). “These past two, it’s been too long based on what has shifted hands and shifted across the table.”

The most recent CBA was marked by a widespread increase in player compensation, particularly at the low end of the pay grade, in exchange for the regular season being expended to 17 games. New TV deals in particular have, on the other hand, led to major spikes in franchise values, as demonstrated most recently by the record-shattering sale of the Broncos this summer.

To find a successor, NFLPA president J.C. Tretter, along with the 10 other members of the union’s executive committee and three most senior player representatives will compile a list of two to four candidates. A general vote amongst all player reps will determine Smith’s replacement. With the current CBA set to run through March 2031, though, there does not need to be much urgency in the search process.

NFL, NFLPA Agree To Amend Concussion Protocols

October 1st, 2022 at 10:20pm CST by Adam La Rose

In the wake of the controversy surrounding Dolphins quarterback Tua Tagovailoa and the team’s handling of his injuries this week, the NFL and NFLPA have agreed to make changes to the league’s in-game concussion protocols.

A joint statement released on Saturday reads, “The joint NFL-NFLPA investigation into the application of the Concussion Protocol involving Miami Dolphins’ quarterback Tua Tagovailoa remains ongoing. Therefore, we have not made any conclusions about medical errors or protocol violations.”

While that remains true, the investigation has already led to the unaffiliated neurotrauma consultant involved in Tagovailoa’s case being terminated by the player’s union. A number of “mistakes” were cited as the reason that action was taken; adding more detail on that front, Ian Rapoport and Tom Pelissero of NFL Network report that the UNC was fired due to “his failure to understand his role and hostility during the investigation process.”

At the center of the controversy is the fact that, under current protocols, the matter of “gross motor instability” being showed by players is subject to interpretation with respect to its cause. In Tagovailoa’s case on Sunday, his notable stumble after taking a hit was ultimately deemed a back injury, rather than a concussion. After the amended protocols come into effect, however, any player demonstrating a similar loss of balance will automatically be ruled out, regardless of team medical staff’s determinations on the specifics of an injury.

“The NFL and the NFLPA agree that modifications to the Concussion Protocol are needed to enhance player safety,” the statement continues. It adds that the league and union “share a strong appreciation for the unaffiliated neurotrauma consultants who contribute their time and expertise to our game solely to advance player safety. This program has made our game safer for the athletes who play if for the past twelve seasons.”

The amendments are expected to be formally ratified in the coming days, and could take effect in time for Week 5. Over the course of the remaining games on this week’s slate, though, teams will no doubt proceed with enhanced caution in the event of any head injuries which take place.

Rapoport and Pelissero add, meanwhile, that Tagovailoa (who has been in concussion protocol since being carted off the field on Thursday) has undergone a series of tests, all of which have “come back clean.” By the time he is cleared to return, new regulations will likely officially be in place to try and ensure a repeat of his situation does not occur.

NFLPA To Investigate Handling Of Tua Tagovailoa Concussion Protocol

September 25th, 2022 at 6:18pm CST by Ely Allen

There was a moment during today’s AFC East matchup in Miami where it didn’t look like the Dolphins would have quarterback Tua Tagovailoa for the second half of the game due to a potential concussion. Tagovailoa underwent the required concussion protocol and returned for the second half to lead his team to a win over the division rival Bills. The NFL Players Association, though, is reportedly initiating an investigation into the handling of the concussion check, according to Tom Pelissero of NFL Network.

Tagovailoa received a late hit from Bills linebacker Matt Milano around the two-minute mark of the second quarter. When Tagovailoa had released the ball, he was pushed backwards by Milano and, upon landing on his back, Tagovailoa’s head snapped back against the turf. As he hurried back downfield to rejoin his offense, Tagovailoa appeared to slip or stumble, prompting the officials to remove him from the game to undergo the league-mandated concussion protocol. Tagovailoa came back out with the Dolphins offense for the second half and proceeded to lead his team to a victory.

Instigating an investigation insinuates that the NFLPA has some notion that the protocol for Tagovailoa’s safety was not completely aboveboard. Whether they believe the results were influenced to allow a potentially concussed player to return to play or whether they believe the results were ignored, the NFLPA clearly wants to make sure that Tagovailoa was not put in any danger by returning to the game.

Tagovailoa had a different story for his injury and stumble, according to Josh Alper of NBC Sports, telling the media, “On the quarterback sneak, (I) kinda got my legs caught under someone and they were trying to push back. It felt like I hyperextended my back. On the next play, I hit my back and kinda hurt it. Then I got up and that’s kinda when I stumbled. For the most part, I’m good. Passed whatever concussion protocol they had.”

This would excuse the Dolphins in the eyes of the Players Association for the time being, if true. While it might be questionable to send your quarterback onto the field with back issues, there is no league mandate preventing it. After the game, Tagovailoa credited adrenaline with his ability to continue playing after sustaining the back injury but did admit that he felt “uncomfortable.”

Regardless of the results of the investigation, Miami may be without its young lefty for its next contest. If Tagovailoa finds it harder to perform without the rush of adrenaline, he will have only a short period of time to recover, as the Dolphins are set to play the Bengals on Thursday night this week.

NFLPA Pledges Not To Appeal Watson Decision, Pleads For NFL To Join

July 31st, 2022 at 8:59pm CST by Ely Allen

Contrary to what many assumed would occur after disciplinary officer Sue L. Robinson delivers her decision, it appears the NFL Players Association will not appeal Robinson’s ruling and it is calling “on the NFL to do the same.” The NFLPA released its joint statement with Browns quarterback Deshaun Watson on Twitter today, leaving no question as to their message.

In the statement, they emphasize their cooperation and participation in the personal conduct policy investigation. They also underline the credentials of the ruling officer, Robinson, and announce their support for the validity and comprehensiveness of the hearing. They end the statement by asserting that they will choose not to question the legitimacy of their process by appealing Robinson’s ruling, and they ask the League to do the same.

This is an interesting decision by the NFLPA that seems to point out a glaring hole in the league’s appeal process. Many initially saw this as a reason to believe that the Players Association had some early indication of a favorable ruling and wanted to make sure the League won’t fight it by pressuring a statement of its own. But, upon further review of the appeal process, it makes perfect sense that the NFLPA wouldn’t want to appeal the ruling.

In the case of an appeal by either side, the decision leaves the hands of Robinson and falls into the lap of NFL commissioner Roger Goodell. Goodell is the assigned party to make the determination over any appeals. This makes the words of the NFLPA’s statement a lot more meaningful when they said:

“Every player, owner, business partner and stakeholder deserves to know that our process is legitimate and will not be tarnished based on the whims of the League office.”

Essentially, the Players Association has every reason in the world to avoid a precedent being set wherein the ruling of the independent hearing officer is easily overruled by the League and its commissioner. It would be most beneficial for the NFLPA to ensure that Goodell has no involvement in the final decision. The only way to do that is to honor the ruling made by Robinson.

Watson and the NFL continued their engagement in settlement talks in the days leading up to this ruling, but apparently the two sides were never able to get close, according to Dan Graziano of ESPN. Watson’s side was willing to accept a ban of six to eight games. The League’s initial punishment was “an indefinite suspension with (the) right to apply for reinstatement after a certain number of games.” At the end of settlement negotiations, the League’s final offer was a 12-game ban with heavy fines, nearing the range of $8MM, with the fines taking the place of the indefinite ban.

Since no settlement was reached, the ruling will hold precedence, unless either side appeals. The only way neither side can appeal is if Robinson rules that Watson did not violate the league’s personal conduct policy. It appears the NFLPA is, at least, under the impression that Robinson won’t reach that conclusion, and they’d rather an appeal doesn’t allow Goodell to side with the League.

It wouldn’t be a surprise if this wrinkle in the league’s disciplinary process becomes a focal point in the next CBA negotiations when the current active agreement expires at the end of the 2030 season. Until then, it appears the Players Association will have to hope they can set a precedent wherein the two parties choose to respect the decision of the independent arbiter, keeping the final say out of the hands of the League’s commissioner.

NFL Combine Changes Bubble Rules, Boycott Avoided

February 21st, 2022 at 6:34pm CST by Ben Levine

Crisis averted. The NFL Combine announced that they have changed their bubble policies and will allow prospects outside of restricted areas, per NFL Network’s Tom Pelissero (via Twitter). Per Mike Florio of ProFootballTalk.com (on Twitter), the boycott has been avoided.

“As has been the case throughout the pandemic, we continue to evolve our Combine policies and procedures in consultation with medical experts,” the National Invitational Combine said in a statement (via ESPN’s Adam Schefter on Twitter). “While masks continue to be required for air travel and during medical exams at the Combine (players and medical personnel), wearing a mask at other times while on site is recommended, but not required. We encourage all players to remain within the secure Combine areas at all times for your safety. However, if you would like to leave the secure areas during free time in your schedule, you are now permitted to do so at your own risk.”

This is a sudden change in philosophy, but it’s not particularly surprising following the news from earlier today. Due to the former restrictions, agents who represent more than 150 draft prospects were organizing a boycott of all testing, on-field workouts, and interviews at the Combine. Tony Pauline of ProFootballNetwork.com tweets that some compromise was likely reached, allowing the event to proceed.

Schefter tweeted a remark from a source earlier today who indicated that agents were not planning a boycott but were simply “advising the players en masse to hold off on workouts until Pro Day.” Either way, it sounds like the threat worked.

Update: Latest On The NFL Combine

February 20th, 2022 at 7:15pm CST by Ely Allen

7:15pm: True to our suspicions, it turns out a mass boycott of the 2022 NFL Scouting Combine is just what the prospects’ agents had in mind. According to Ian Rapoport and Tom Pelissero of NFL Network, agents who represent more than 150 draft prospects will organize a boycott of all testing, on-field workouts, and interviews at the Combine. If that number is accurate, it represents nearly half of the Combine’s invited athletes.

Further tweets from Pelissero and Rapoport explain that agents are pushing for players to be allowed access to their full team of coaches, trainers, ATCs, etc. If these demands aren’t met, most top prospects are expected to only perform medical evaluations in Indianapolis.

The ball is now back in the NFL’s court as lines have been drawn in the sand.

6:15pm: Yesterday, the NFL informed college athletes invited to the 2022 NFL Scouting Combine of increased restrictions surrounding the event in the effort to create a “bubble” environment for protection against the spread of COVID-19. We noted yesterday that the extreme measures were not sitting well with prospective employees and that displeasure from the athletes involved could soon be voiced.

Well, less than 24 hours later, the NFL Players Association has stepped into the conversation. In a letter sent out to potential Combine participants’ agents, the NFLPA voiced their “long standing opposition to the NFL Scouting Combine.” A copy of the letter was first tweeted out by NFL Network’s Ian Rapoport.

In the letter, the players’ union called out the “NFL’s proposed ‘bubble'” along with the league’s “antiquated system of every team doctor examining players and having them perform yet again.” The Association calls for “serious modification or elimination” of the current system.

Now, the NFLPA has no involvement in the Combine. Players are not usually introduced to the union until their rookie orientations, with the exception being players who participate in the NFLPA Collegiate Bowl all-star game. The letter acknowledges this fact claiming that “while (they) do not represent these players (they) have advocated for their rights to fair treatment.” NFLPA president and current Browns’ starting center J.C. Tretter tweeted out his thoughts saying, “This year’s NFL Combine is an example of what happens when players are not yet represented by a union.”

Players declaring for the NFL Draft are solely represented by their respective agents. Word has it that many agents have been advising their clients not to participate in this year’s combine, opting to display their abilities at their schools’ Pro Days. We noted yesterday that this is a luxury afforded to players who will certainly have many scouts attend their school’s Pro Day. Players at smaller Group of 5 schools and FCS schools may be relying on the Combine to display their talents and, as a result, will have to subject themselves to the overwhelming restrictions enforced by the NFL.

We are nine days away from the scheduled start of the 2022 NFL Scouting Combine, and more updates on the situation are certainly expected. With the support of the NFLPA’s “long standing opposition,” if a significant number of prospects protest this year’s testing, we may see the end of the NFL Scouting Combine as we know it.

NFL Updates COVID-19 Protocols

January 21st, 2022 at 7:34pm CST by Adam La Rose

Another change has been made to the league’s COVID-19 protocols, which will take place immediately and remain in place for the remainder of the postseason. The NFL has sent a memo detailing the update, which includes removing the distinction between vaccinated and unvaccinated players, and an end to the requirement for the latter group to be tested daily (Twitter link via NFL Network’s Tom Pelissero).

As the insider further explains, the changes have been made in conjunction with the NFLPA as more data on the Omicron variant emerges. The most recent changes, implemented in December, have involved targeted testing of symptomatic players and staff members, along with a five-day return rule. Now, tests will only be conducted for players and personnel who have symptoms, or those who are included in random testing.

The memo reads, in part, “This comprehensive, symptom-based approach to testing reflects our recent experience with the Omicron variant and conforms to current public health recommendations and best practices employed in healthcare, and offers the best opportunity for identifying and treating cases promptly and avoiding spread within the facility“.

As Pelissero and others have noted, there are roughly a dozen players on the remaining eight playoff teams, so these changes will directly affect only a small group. Still, even players who have tested positive within the 90 day ‘holiday’ period remain under the same symptom-based testing rules, so the possibility remains for anyone who reports symptoms to miss a playoff game.

NFL, NFLPA Modify COVID Protocols

December 28th, 2021 at 5:08pm CST by Ben Levine

The NFL and the NFL Players Association have adopted the CDC’s new guidelines and reduced quarantine time from 10 days to five days for players who test positive for COVID-19, reports ESPN’s Adam Schefter (via Twitter). This is relevant for all asymptomatic players, regardless of vaccination status.

As NFL Network’s Tom Pelissero notes on Twitter, a player’s ability to return to the field isn’t necessarily contingent on being asymptomatic. Rather, their return will need to be at least five days after their initial swap, the player will need to have no fevers for 24 hours, they’ll need to see “resolved or improved” symptoms (like coughing), and they’ll need to be cleared by team doctors (“in consultation with ICS and NFL“).

This will naturally lead to a quicker return-to-play path. Per Lindsay Jones of The Athletic (on Twitter), the NFL is the first professional sports league to change protocols to “align” with the CDC’s guidelines. Following the NFL’s decision to postpone several games earlier this month, the league is now clearly focused on finishing the regular season without any more postponements or cancellations.

The new protocols are retroactive, meaning players who are currently on the reserve/COVID-19 list are eligible to return after five days (per ESPN’s Dianna Russini on Twitter). As Pelissero tweets, this provides some clarity on a handful of unvaccinated players who were recently placed on the list, a group that includes Colts quarterback Carson Wentz and Chargers wide receiver Mike Williams.

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