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Ex-Dolphin athletic trainer, fired in scandal, must seek arbitration

Article reposted from MyPalmBeachPost
Author: MyPalmBeachPost

An appeals court on Thursday ruled that a defamation lawsuit filed against the Miami Dolphins by the team’s former head trainer in the wake of the team’s bullying scandal should be decided by an NFL arbitration panel, not a Palm Beach County circuit judge.

010211 (Allen Eyestone/The Palm Beach Post ) FOXBORO, FL ...GILLETTE STADIUM.. New England Patriots vs Miami Dolphins...Miami Dolphins quarterback Chad Henne (7) walks off the field with athletic trainer Kevin O'Neill following the Dolphins 38-7 loss to the Patriots. Henne may have suffered a concussion during the game.

Miami Dolphins quarterback Chad Henne (7) walks off the field with athletic trainer Kevin O’Neill following the Dolphins 38-7 loss to the Patriots in 2011.

Without comment, the 4th District Court of Appeal agreed with a lower court that Kevin O’Neill, who claims he was used as a scapegoat in the 2013 scandal that rocked the sports world, is contractually obligated to let an arbitration panel decide whether his claims are true.

The West Palm Beach-based appeals court upheld a 2015 ruling by Palm Beach County Circuit Judge Donald Hafele. He ruled that O’Neill 10 times signed contracts that required that disputes be decided by arbitration.

Hafele also rejected O’Neill’s assertion that he wouldn’t get a fair hearing because the arbitration would be controlled by NFL Commissioner Roger Goodell. The judge noted that Goodell appointed Jay Moyer, a former NFL general counsel and executive vice president, to represent him.

While attorney Jack Scarola, who represents the former trainer, continued to insist that arbitration amounts to a “kangaroo court where the NFL has its thumb on the scales of justice,” he said he accepted the ruling. “The O’Neills and I have beaten worse odds in the past and we intend to do it again,” he said.

O’Neill was sharply criticized in a 144-page report Goodell commissioned after Dolphins lineman Jonathan Martin left the team, claiming he was subject to unrelenting racial epithets by fellow lineman Richie Incognito. Report author, attorney Ted Wells, claimed O’Neill refused to cooperate with those investigating Martin’s claims that team officials ignored his pleas to rein in locker room bullies.

Scarola,said O’Neill was bound by patient privacy. Instead of talking to O’Neill, the Dophins fired him along with former offensive line coach Jim Turner, Scarola claimed. Incognito was also released by the team.

O’Neill, who was fired weeks after being named NFL trainer of the year, is seeking an unspecified amount in damages.

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Former Dolphin O’Neill Hired at Florida International

Former Dolphins trainer Kevin O’Neill, who was fired in the wake of the Bullygate scandal, has been hired by FIU, according to Fox Sports’ Alex Marvez.

O’Neill, who had been with the Dolphins since 1996 and was considered one of the NFL’s top trainers, was summoned during a league-wide trainers’ meetings at the scouting combine in Indianapolis in 2014 and told he was fired.

Later that week he was awarded the Fain-Cain Memorial Award for Outstanding Athletic Trainer of the Year by the NFL Physician’s Society.

The Bullygate investigation began when former Dolphins tackle Jonathan Martin left the team in October 2013 and accused teammates of harassment.

O’Neill, the Ted Wells report said, laughed when Richie Incognito and fellow offensive lineman Mike Pouncey and John Jerry harassed assistant trainer Naohisa Inoue, who was born in Japan.

Incognito gave the players Japanese-style head bands, which the report said they wore on Pearl Harbor Remembrance Day to taunt him.

Wells also accused O’Neill of not cooperating in the investigation, although O’Neill supporters said that he was limited by medical privacy laws.

Last year, O’Neill sued the Dolphins, owner Stephen Ross and former coach Joe Philbin.

O’Neill’s attorney, West Palm Beach-based Jack Scarola, alleged that O’Neill had become a “pariah” within the athletic community and was a “scapegoat” in the scandal.

The case is still ongoing.

O’Neill told USA Today in November that he applied for 35 jobs and was only called for three interviews. He was turned down by both the NFL and some major colleges.

“This is a weight that hangs over me,” O’Neill told USA Today. “I definitely feel like a scapegoat.”

Former Dolphins offensive lineman Jim Turner, who was also fired after the Wells report released, was hired this offseason as Texas A&M’s offensive line coach after an lengthy stint without a job.

Turner has been publicly critical of Wells and the investigation.

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Ex-Dolphins athletic trainer Kevin O’Neill still paying for bullying scandal

More than two years since bullying landed on the NFL radar with the Miami Dolphins, Kevin O’Neill, the trainer fired in the aftermath, still doesn’t have a job.

“This is a weight that hangs over me,” O’Neill, sitting in his living room, told USA TODAY Sports during a recent interview. “I definitely feel like a scapegoat.”

Guard Richie Incognito, a central character in the saga, revived his career with the Buffalo Bills. Jonathan Martin, victimized by the bullying, quit football last summer and is expected to pursue to law school. Joe Philbin was fired in October as Dolphins coach.

O’Neill, though, has seemingly paid a disproportionate price for his connection to the scandal and is left trying to restore his reputation. He disputes the portrayal of him in independent attorney Ted Wells’ report as a participant in an environment conducive to bullying in his training room, but O’Neill acknowledges he didn’t fully cooperate — on the grounds of medical ethics — with the investigation headed by Wells.

With a defamation lawsuit against the Dolphins pending an appeal of a Florida judge’s ruling that his contract with the team stipulates arbitration, there’s no dispute that O’Neill, 61, is rather toxic. He says he’s applied for 35 jobs and, despite 40 years of experience, was called for three interviews. Slim chance he’d be hired by another team in the highly-politicized NFL. Several major colleges have turned him down, too.

Rather than age, he blames the bullying scandal.

During a visit recently in his New York office, Dolphins owner Stephen Ross — who recently launched the Ross Initiative in Sports for Equality (RISE), inspired by the bullying ordeal — told me that a key factor in O’Neill’s firing was for not cooperating with Wells’ team. “That’s insubordination,” Ross said.

O’Neill, however, maintains that investigators wanted him to discuss medical issues without consent from the players involved. However The  Health Insurance Portability and Accountability Act (HIPAA) protects confidentiality. That goes a long way toward explaining his lack of cooperation.

“The club owns the records, but the club doesn’t own my testimony,” O’Neill said. “If I testify, give them information or answer questions that are medically confidential and pertaining to medical records, then I jeopardize losing my state license, and I think I put myself and the Dolphins in jeopardy of violating federal law.”

O’Neill said that he expressed such dissent to Dawn Aponte, an executive vice president for the Dolphins, who told him she would pass his concerns along to NFL Commissioner Roger Goodell. O’Neill said Aponte never specifically followed up on that; in his next conversation with her, she told him they needed all of the medical records of Incognito and Martin.

“My stance was, ‘Those records don’t belong to Kevin O’Neill,’ ” he said. “My department was the keeper of those records, but the records belonged to the Dolphins.”

When O’Neill’s concerns about violating HIPAA were mentioned to Ross, he told USA TODAY Sports, “I don’t remember all of the specifics. All I know is that he didn’t fully cooperate, and the things that were said, it was an interpretation at that point in time. But I thought he wasn’t doing what he was supposed to be doing, what he was asked to do.”

Investigators ultimately obtained the medical records. It is fairly safe to conclude they wanted the records to see if any “mental health” issues were included. O’Neill, again citing HIPAA rules, would not talk to me about that.

O’Neill, who worked for eight coaches in 18 years with the Dolphins, is well respected in NFL training circles. It’s ironic that the week that he was fired in February 2014, he received an award from the NFL Physicans’ Society as NFL Trainer of the Year. In 2006, the Dolphins were honored by the Professional Football Athletic Training Society (PFATS) as its training staff of the year.

Three trainers with extensive experience in the league, two of whom never worked with O’Neill, were effusive this week in their praise of his professionalism, with one adding that O’Neill is the type to express strong opinions when needed. They also share the opinion that O’Neill got a raw deal as the essential fall guy.

His case not only resonates with his peers but also illuminates the delicate role of trainers, who care for the physical well-being of players but also work for management and coaches.

It’s a fine line.

Trainers are team employees that owners and management will tap in gauging the pulse of players, and those same trainers are most effective when they gain the trust of players. That’s why the training room, where players receive treatment for injuries and preventive measures such as getting their ankles taped, is essentially a sanctuary within a locker room.

“Sometimes, you let things go on in there that you don’t want your family to be a part of,” an NFL trainer told USA TODAY Sports. The trainer spoke on the condition of anonymity due to the sensitivity of the issue.

“Sometimes you compromise, to let things run smoothly.”

O’Neill contends that he didn’t connect the dots between bullying and the severe depression that the Wells Report documented that Martin revealed to the team in May 2013.

“In my mind, this was a transient, depressive episode,” O’Neill said. “If you look at the latest research the NCAA has done, over 20% of NCAA athletes have some type of something — whether it’s ADHD (attention deficit hyperactivity disorder), depression, anxiety. I’ve had players that have had a transient episode of depression — they lost a loved one, got an injury, something happened, and you work through it.”

The Wells Report, though, described how O’Neill called Martin into his office for a pep talk during the tackle’s rookie year in 2012, urging him to stand up for himself — which, in retrospect, might have been a sign of the bullying that apparently persisted. O’Neill said he was moved to intervene after observing Martin being derided by teammates as being soft.

Martin, however, pointed a finger at O’Neill, contending that the trainer laughed as players teased assistant trainer Naoshisa Inoue, an Asian-American, with racial insults. That’s a damning allegation, to which O’Neill questions whether Martin was truthful.

The Wells Report concluded, based on testimony from several players (in addition to Martin and Incognito), that there was a severe pattern of verbal abuse directed at Inoue. O’Neill suggests that characterization was overblown.

“They made fun at how he talked a little bit,” said O’Neill, seemingly oblivious to the potential damage of that. “He laughed about it. I laughed about it, too. I didn’t laugh about anything that had to do with anybody’s mom or girlfriend, or somebody using a racial slur. Yeah, they made fun of him. They made fun of me, too, for simple stuff.”

The Dolphins and so many of the principals associated with the scandal have moved on. But that’s difficult for O’Neill to do, with a lawsuit pending and no job, which allows him much time to reflect.

“I was put in a position where I really couldn’t win,” he said.

Now it seems to be a matter of just how great of a loss he will endure.

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Dolphins aim to prevent injuries with futuristic performance program

Imagine walking into the gym, heading to the weight rack, swiping your wristband by a tablet and seeing your workout — the one tailored just for you — displayed on the screen.

As you move through your workout, your performance metrics are captured and stored so you can measure your progress.

Upon completion, you pick up a specially designed sports drink, one that is based on your individual profile of how — and what — you sweat.

Between workouts you might want to rest. You won’t take an ordinary nap, though. Instead you’ll be working on relaxation and recovery using microcurrent stimulation, listening to neuroacoustic software while wearing an eye mask.

And should you have any questions along the way, there is a team of experts available to help you in any area you wish to target. Two sports performance specialists, a sports science analyst and a nutritionist work full-time alongside strength and conditioning coaches, rehabilitation personnel and the football coaches themselves to create an environment in which optimizing performance is key.

This might sound like the way of the future when it comes to complete performance training … but the future is now for the Miami Dolphins.

Wayne Diesel, the Dolphins’ new director of sports performance, brings years of experience as a physical therapist and researcher to the organization in an effort to create fitter, stronger and healthier athletes.

Prior to joining the Dolphins, Diesel was the head of medical services for the Tottenham Hotspur Football Club of the English Premier League. In that role, he oversaw a diverse medical group including physicians, physical therapists, sports scientists and nutritionists, among others.

Diesel credits his Premier League experience with shaping his focus on performance improvement. In that environment, the player represents an investment to the organization. “The emphasis therefore is on not just preventing injury but also improving that player so that when the club sells him, it’s an asset,” Diesel said. “We found by making them better athletes, they become less injured.”

How did this revelation come about?

“We were spending less time with injured players because we had fewer injuries,” Diesel explains. “Then we started looking after the fit players more, in the sense of keeping them fit, not waiting until they had an injury to treat.”

He began to see if he could identify things in an athlete’s movement that would indicate where future issues might pop up. “I thought by looking at movement patterns, maybe I can predict what an athlete might be exposed to for injury or what might be limiting his performance,” Diesel said, “and then I found the two started working together.”

Dolphins executive vice president of football operations Mike Tannenbaum hired Diesel, whose name came to Tannebaum from RC Buford, his friend and the general manager of the San Antonio Spurs, who he describes as a “forward-thinking, out-of-the-box guy.” Tannenbaum was intrigued by Diesel’s work with Premier League athletes because he felt his proactive approach to addressing player health was needed.

“I think we do a great job of fixing injuries here,” Tannenbaum said. “I think the narrative of dealing with players and their bodies ahead of time is somewhere we can improve and that really came from [owner] Steve [Ross].”

Diesel joined the Dolphins in February and immediately got to work on understanding the sport of football and the specific demands on its athletes.

Part of his proactive approach includes trying to identify potential injuries before they occur. As part of that effort, Diesel and his team are gathering performance metrics and monitoring physical measures to help identify subtle changes that could signal an injury-in-waiting.

To that end, the Dolphins have partnered with Kitman Labs, a Silicon Valley sports science and technology company. The Kitman system includes markerless 3D video technology to record an athlete performing various range-of-motion measures necessary for football activities. The data analysis software can alert the team to subtle changes in motion, something that might warrant further evaluation by a member of the team’s medical staff.

Kitman, whose work in the area of injury prevention originated with European rugby athletes, recently expanded to the U.S. Their first partnership with an American professional sports team, the Los Angeles Dodgers, was announced earlier this year.

The Dolphins are their first NFL partner.

Kitman’s markerless motion capture system (CAPTURE) allows for quick, efficient measurement and analysis of various range-of-motion elements, such as rotation at the hip and shoulder.

Traditional laboratory biomechanical movement analysis requires a subject to wear reflective markers while performing movements that are then tracked with high-speed cameras. (The realistic athletic movements in the Madden NFL video games are generated in much the same way.) Requiring an athlete to regularly wear lycra gear with markers and run through range-of-motion exercises would be too time-consuming to be practical.

That’s where the markerless system comes into play.

“It takes just seconds to perform the entire series,” Diesel noted.

So how do they know it actually measures what it says it does? According to Kitman’s CEO and co-founder Stephen Smith, validating the accuracy of the metrics is critical so Kitman undertook an MRI study with this in mind. Comparison studies of the markerless motion capture system with magnetic resonance imaging (MRI) and traditional marker systems are currently underway. Early results suggest CAPTURE correlates with the gold standard marker-based system and MRI joint localization, although the sample size thus far is small.

The concept of basing these metrics in science to identify at-risk athletes may be partly why these two entities — the Dolphins and Kitman — have united. But Diesel is quick to say he prefers to take the emphasis off the term “injury prevention.” It’s all about getting players in the right mindset.

“If you want someone to buy into something, it’s better when you can give them a positive side rather than emphasizing the negative,” Diesel explained.

“Over the years I’ve found when you say the word ‘injury’ to athletes, they don’t want to talk about them. But if I say things like, ‘I’m going to help you perform better, going to make you play longer, run quicker, jump higher,’ they see that as a more positive context.” The natural spinoff from a performance-enhancement focus, says Diesel, is a healthier athlete.

“The fitter you are, the more rested you are, the better you recover, your likelihood of injury is going to be less.”

For the program to work, regardless of the technology, there has to be buy-in from the participants. Diesel insists any information he gathers is shared with his players, noting trust is critical to success of the program.

“As smart as Wayne is and as many new and innovative things as he may present to the team, if they don’t believe in him and think that he has their best interests at heart, it won’t work,” said Dolphins head coach Joe Philbin said.

Apparently, the players see it too.

“In his short time here, he’s earned the respect and the trust of the players” Philbin noted. “He’s bright, he’s intelligent, but more importantly he cares about the players and they believe in him.”

It’s telling that most players opted to seek Diesel’s counsel and track their measures during training camp while the program was still voluntary. Participation is now mandatory for rostered players, just as participation in on-field and conditioning workouts is part of being a member of the team. The organization’s hope is everyone will end up benefiting to some degree.

 

ORIGINAL ARTICLE:
http://espn.go.com/nfl/story/_/id/13665228/miami-dolphins-aim-prevent-injuries-futuristic-sports-performance-program-nfl

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Former Dolphins AT receives arbitration

Former Miami Dolphins head trainer Kevin O’Neill must let an arbitrator, not a court, decide whether the team defamed him and used him was a scapegoat when it fired him in the wake of its 2013 bullying scandal, a Palm Beach County Circuit Court judge has ruled.

Rejecting claims that an NFL-controlled deck will be stacked against the team’s longtime trainer, Circuit Judge Donald Hafele ruled that O’Neill’s contract plainly said that any disputes would be decided by arbitration. If O’Neill didn’t like the contract provision, he should have challenged it, Hafele said in the 15-page ruling released late Friday. Instead, O’Neill signed 10 contracts that mandated arbitration.

Judge: Arbitration for former Dolphins trainer in defamation case photo

“Mr. O’Neill’s repeated execution of 10 separate employment agreements containing the arbitration provision … undermines his assertion that he was not afforded an opportunity to understand what he was signing,” Hafele wrote.

The judge also rejected O’Neill’s claims that arbitration is tantamount to a “kangaroo court” because it will be controlled by NFL Commissioner Roger Goodell, who is paid by league owners. Hafele pointed out that Goodell has designated Jay Moyer to serve in his stead.

O’Neill’s attorney Jack Scarola unsuccessfully argued that Moyer, a former NFL general counsel and executive vice president, will simply do Goodell’s bidding. Scarola, Hafele ruled, presented no evidence to back up those claims.

The trainer and former offensive line coach Jim Turner were fired in the wake of allegations by lineman Jonathan Martin that unrelenting racially charged verbal attacks by fellow lineman Richie Incognito prompted him to leave the Dolphins. In the wake of the scandal that rocked the team and rippled through the league, the team released Incognito.

With pressure about locker room bullying mounting, Goodell ordered an investigation into Martin’s allegations that his complaints were ignored. Attorney Ted Wells, who authored the 144-page report, was particularly critical of O’Neill for not cooperating with the investigation. Scarola claimed O’Neill was bound by patient privacy. But, instead of talking to O’Neill, the Dolphins simply fired him, Scarola said.

Fired weeks after being named the league trainer of the year, O’Neill has been unable to find work even as a high school athletic trainer, Scarola has said. He is seeking an unspecified amount in damages.

ORIGINAL ARTICLE:
http://www.palmbeachpost.com/news/news/crime-law/judge-arbitration-for-former-dolphins-trainer-in-d/nnT6W/