The NFL and NFLPA announced an agreement to enforce the NFL Game Day Concussion Protocol and discipline clubs that violate it. Under the new policy, the NFL and NFLPA will follow a strict and fair process to investigate incidents and determine appropriate discipline, including club fines and possible forfeiture of draft picks.
The NFL and NFLPA, in conjunction with their medical advisory committees, implemented the NFL Game Day Concussion Protocol to address the diagnosis and management of concussions. The parties consistently review the Concussion Protocol to ensure that players are receiving care that reflects the most up to date medical consensus. The new policy sets forth disciplinary action against a club should a member of its medical staff or other employee fail to follow the Concussion Protocol.
According to the policy, the NFL and NFLPA will each designate a representative to monitor the implementation of the protocol and investigate potential violations. The investigation will not reach medical conclusions; it will only determine whether the protocol was followed. Following the investigation, the NFL and NFLPA will review the findings to determine if a violation occurred and, if so, to recommend the proper disciplinary response. If the parties are unable to agree, the matter will be brought to a third party arbitrator. After conducting a thorough review, the arbitrator will issue a report to the Commissioner, NFLPA Executive Director and the involved parties.
As jointly agreed to by the NFL and NFLPA, the Commissioner retains absolute discretion in determining penalties for violations of the concussion protocol. Potential disciplinary action includes:
· A first violation will require the club employees or medical team members involved to attend remedial education; and/or result in a maximum fine of $150,000 against the club.
· Second and subsequent violations of the concussion protocol will result in a minimum fine of $100,000 against the club.
· In the event the parties agree that a violation involved aggravating circumstances, the club shall be subject, in the first instance, to a fine no less than $50,000. The Commissioner shall determine appropriate discipline for subsequent violations involving aggravating circumstances.
· In the event that the Commissioner determines that the club’s medical team failed to follow the protocol due to competitive considerations, the Commissioner may require the club to forfeit draft pick(s) and impose additional fines exceeding those amounts set forth above.
