Martavis Bryant is back… or is he?
There has been one name on the lips of Steelers Nation most of the off-season. That name is Martavis Bryant. The team, the fans, pretty much everyone has been wondering when (and if) Martavis would be reinstated.
On August 9th, the Steelers released the following statement:
Martavis Bryant has been informed by the NFL that he is now permitted to participate in all preseason activities, including practices and games. He will continue to be evaluated as to his readiness to participate in regular-season activities under the terms of his conditional reinstatement.
To quote Monty Python: “And there was much rejoicing.”
Not Out of The Woods Yet
However, the real question is – is it time for the rejoicing to begin?
While it’s certainly great that Bryant is going to be allowed to practice and play in pre-season games, the other bit of news that came out of all this is that the process is not yet over, and there are even more hurdles to come.
https://twitter.com/LedyardNFLDraft/status/895600530894016512
Jon Ledyard expressed it well in that tweet: Thrilled. Another phase of reinstatement.
There has been a consistent sense of uncertainty surrounding this entire process. That is not unusual when dealing with the bureaucracy of the NFL. In the NFL’s Policy and Program on Substances of Abuse (PSA) memo, this is what it says about reinstatement after a suspension:
After the completion of the one-year banishment period, the Commissioner, in his sole discretion, will determine if and when the Player will be allowed to return to the NFL.
Notice the phrase “in his sole discretion”. That has been a big issue amongst players and fans, that the sole arbitrator of adjudication is the Commissioner, Roger Goodell. If you remember there was a lot of harrumphing and complaining because it took so long for a decision to be reached as to if Martavis would even be “conditionally” reinstated. This despite this line in Appendix B – “Procedures for Reinstatement Following Stage Three Banishment”, of the PSA memo:
All individuals involved in the process will take steps to enable the Commissioner to render a decision within 60 days of the receipt of the application.
Again, the language is vague enough to give the NFL wiggle room. The phrase “takes steps to enable” means that if the decision is rendered late (as it was), it could simply be because someone failed to “take steps to enable” the Commissioner to make his decision.
One more great line from Appendix B:
The Player will agree in a meeting with the Commissioner or his representative(s) to comply with the conditions imposed by the Commissioner for his reinstatement to the status of an Active Player.
Could it be more opaque? Seriously, “the conditions imposed by the Commissioner” allows for a broad base of speculation, doesn’t it? That’s the great thing about the NFL. Rather than give specific, detailed instructions on a policy or process, they just say “at the discretion of the Commissioner” and that pretty much allows them to do whatever the heck they want.
No wonder there is so much animosity between players and the league offices.
And There is More (What a Surprise)
When you read through this magnificent 44-page document (the PSA), you can search long and hard to find what the next step is. Remember, in the statement from the Steelers Bryant “will continue to be evaluated as to his readiness to participate in regular-season activities under the terms of his conditional reinstatement.”
Look for the word “conditional” in the document. Try and find it. Guess how many uses there are in there.
Zero.
No place in this policy memo is the concept of “conditional reinstatement” even discussed. In Section 1.53 – e you will find a paragraph labeled “Reinstatement”. Beneath that, you will see a section labeled “Procedures after Reinstatement”. Here is what it says:
If a Player is reinstated, he will be returned to Stage Three for the remainder of his NFL career pursuant to (d) above and subject to continued testing and indefinite banishment. A Player allowed to return to the NFL following a banishment must participate in continued treatment under this Intervention Program as required by the Medical Director.
So what to make of that? First, it’s clear that Bryant will remain in Stage Three of the program for the remainder of his NFL career – or will he? When you read the section title “Duration” for Stage Three, you find this caveat in there:
However, after 24 months in Stage Three, if the Player has not had any additional positive tests, within a reasonable time period, the Medical Director and Medical Advisor will assess the Player and decide whether he will be discharged at that time.
The wording in the reinstatement clause which indicates the player is in Stage Three “pursuant to (d)” leads me to think that the “remainder of his NFL career” might also be equivalent to “24 months” if Martavis can convince the powers that be that he has reformed and deserves to be discharged. However, there is certainly enough ambiguity to think that if the NFL chose to say he is in Stage Three forever, they could.
Conclusion
The NFL has a reputation for doing things in an open and above board fashion… is what I would like to have been able to say.
But I can’t.
The opposite is true. They have a reputation for misrepresenting things, for inconsistency and for being about as transparent as mud.
Is it any wonder that even the Steelers themselves seemed unclear as to what was taking so long? How many times have reporters asked Mike Tomlin, Art Rooney, II, Kevin Colbert or members of the team what the status was? Of course, their answers had to be “I don’t know” because clearly the only people who might actually have known where in the league office.
Let me end this by saying that any player who finds themselves in this position is there because of their own mistakes. It’s not the league’s fault the chose to abuse a banned substance, it’s theirs. You’ll get no argument from me. Even if I don’t agree with the rule, it’s still a rule.
However, violating a rule, and then taking steps to correct the behavior, improve and move forward should not be stonewalled in the way they have with Martavis Bryant. To be fair to the players, there should be a specific and detailed description of exactly what they need to do to fulfill the requirements for reinstatement, and the process of adjudicating that should not be in the hands of a single individual. (Yes, I mean you, Roger.)
For the moment, Martavis is back with the team and that is a good thing. The next question is will he be on the field in Cleveland on September tenth. Right now, the answer to that question is still in the hands of… well, somebody in the NFL league offices.
What exactly does Bryant have to do to achieve full reinstatement? After reading the PSA memo, I feel no more certain of how to answer that question than I did before. Your guess is probably as good as mine.
