NFL Collective Bargaining Agreement

Article 39
Players’ Rights To Medical Care and Treatment

Section 17(c)
NFL Game Concussion Protocol Enforcement

The prevention, diagnosis and management of concussion is important to the National Football League, its member clubs, the players, and the NFL Players Association. As required by this Article, the NFL Management Council, on behalf of the NFL, and the NFLPA, through their respective medical advisory committees, have developed a protocol to address the in-game evaluation and diagnosis of potential concussions, and the subsequent management and treatment of players diagnosed with concussions, entitled the NFL Game Day Protocols Regarding the Evaluation and Management of Concussion (“NFL Game Concussion Protocol”), which is incorporated by reference into Section 17 of this Article and Appendix W attached hereto. The NFL Game Concussion Protocol is a necessary component of player medical care in the NFL and is therefore deemed mandatory by the Parties. Pursuant to the joint and continuing obligations set forth in this Article, the Parties have agreed to evaluate and address the potential deviations from the NFL Game Concussion Protocol, as set forth below:

(c)

Discipline:

  • 1. First Violation in a League-Year: In the event that the Impartial Arbitrator finds, or in the event that the NFL and NFLPA agree, that a club employee and/or a member of a club’s medical staff knowingly and materially failed to follow any of the mandatory steps required by the NFL Concussion Checklist, the Commissioner shall impose discipline against the club by: (a) issuance of a letter of reprimand advising that club employee(s) and/or member(s) of the club’s medical staff knowingly and materially violated the NFL Game Concussion Protocol, (b) requiring the club employees or medical team members involved with the deviation from the Protocol to attend remedial education; and/or (c) a fine against the club in an amount no more than Five Hundred Thousand Dollars ($500,000); and any other discipline that the Commissioner deems warranted by the violation. In the event that the Impartial Arbitrator finds, or the Parties agree, that the violation involved aggravating circumstances, the Club shall be subject, in the first instance, to a fine in an amount no less than One Hundred Thousand Dollars ($100,000). In this regard, the Commissioner shall consider the Impartial Arbitrator’s findings with regard to relevant aggravating factors in making his determination as to appropriate discipline.
  • 2. Second and Subsequent Violation(s) in a League-Year: In the event that the Impartial Arbitrator finds, or in the event that the NFL and NFLPA agree, that a club is responsible for a second knowing and material failure to follow any of the mandatory steps required by the NFL Concussion Checklist in the same league year, regardless of whether such deviation was caused by the same employee and/or member of a club’s medical staff involved in the first incident, the Commissioner shall impose a fine of at least Two Hundred and Fifty Thousand Dollars ($250,000) against the club plus whatever other measures he deems warranted. The Commissioner shall consider the Impartial Arbitrator’s findings with regard to relevant aggravating or mitigating factors in making his determination as to appropriate discipline.
  • 3. Competitive Considerations: In the event that the NFL Commissioner determines that the violation of the NFL Concussion Checklist was motivated by competitive considerations (e.g., intent to leave player in game and knowingly, intentionally and materially disregard the Protocol in order to gain a competitive advantage) the Commissioner may require the club to forfeit draft pick(s) and additional fines exceeding those amounts set forth above.