Teams Violating NFL Concussion Protocol Face Harsher Fines

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The National Football League (NFL) and the NFL Players Association (NFLPA) have agreed to a new concussion protocol. On Monday, July 25, 2016, the NFL released a new Game Day Concussion Protocol policy. New policies focus on the investigation of incidents and punishment of teams that are deemed to be in violation of the protocol.

The NFL has recently faced heavy criticism regarding its response to the dangers of head trauma. The claims focus on the league’s slow response to addressing injuries from repeated head trauma, going so far as to suggest that the NFL has hidden the dangers. As part of the class-action lawsuit settlement, the NFL will begin to ramp up its support of research and development of safer equipment. Additionally, the league has begun to invest in developing new concussion policies to support better practices in youth football programs; so far, the data has suggested reforms need more work.

One of the most notable cases of the NFL’s indifference to player health occurred when the St. Louis Rams quarterback, Case Keenum, was immediately put back into play following an injury where he was visibly unable suffering from a concussion. Under previous protocol, the team was not fined.

Under the new protocol, both the NFL and NFLPA will investigate incidents and evaluate disciplinary options. The NFL and NFLPA will each identify a person to monitor games for head trauma related injuries, ensuring that players are tested for concussions when appropriate. In an effort to improve the health of all players, both organizations are seeking to increase their transparency with one another.

A team’s first protocol violation may warrant a minimum fine of $50,000 or a maximum fine of $150,000, with a loss of draft picks as an alternative option. After the first violation, the fines are incremental; the minimum fine for a second violation is $100,000. Under aggravating circumstances, the NFL and its commissioner, Roger Goodell, may impose additional fines, such as if a team is found to ignore protocol in an effort to gain a competitive advantage. The NFL and NFLPA both agreed that “the Commissioner retains absolute discretion in determining penalties for violations of the concussion protocol.”

The NFL and the NFLPA will continue to work jointly in an effort to decrease injuries related to head trauma. Additionally, both organizations will review the procedure to evaluate whether or not the policies are effectively protecting players’ well-being, including an annual review of data to determine if game rules need to be changed. At the outset, both established a committee to review playing field surfaces and its relationship to on the field injuries; players prefer softer natural grass to some synthetic materials.

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