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35 J. Legal Aspects Sport 1 (2025)

handle is hein.journals/jlas35 and id is 1 raw text is: 






Journal ofLegalAspects ofSport, 2025,35,1-27
https://doi.org/10.18060/28748
© Dominic P. Keilty



          Benching Stigma: Mental Health

                 Leaves of Absence in the

           National Basketball Association


                              Dominic P. Keilty

     In recent years, professional sports organizations such as the National Basketball
     Association (NBA) have increasingly recognized the importance of mental
     health in athlete well-being, prompting legal and contractual reforms. This article
     investigates contractual and legal frameworks governing mental health-related
     leaves of absence for athletes in the NBA, focusing on the evolution of these
     frameworks from the 2017 to 2023 collective bargaining agreements (CBAs).
     By analyzing the high-profile dispute between Ben Simmons and the Philadelphia
     76ers, this article identifies potential ambiguities in the 2017 CBA pertaining to
     athlete mental health disclosures and illustrates how recent modifications in the
     2023 CBA  address procedural gaps by mandating more timely and transparent
     communication between players and their teams.
         This article's examination of the updated CBA  reframes mental health
     considerations within professional athletic contracts, situating these developments
     within broader trends in athlete advocacy and organizational accountability.
     Furthermore, this article assesses the practical application of these new protocols by
     analyzing a recent NBA athlete mental health leave that exemplifies a cooperative
     approach between player and team. This article concludes by recommending the
     integration of a dedicated place for mental health policies in the next CBA to clarify
     procedures, reduce disputes, and enhance support for athlete well-being. This legal
     analysis contributes to ongoing discussions on balancing player privacy rights with
     organizational needs in sports, emphasizing the increased significance of mental
     health considerations in the NBA's governing framework.

     Keywords: National Basketball Association, collective bargaining agreement,
     mental health, well-being


                               Introduction
The  increasing emphasis on mental health in sports has led to structural changes in
the way professional athletic organizations treat athlete well-being. The pressures of


Dominic P. Keilty, MSF, is a JD candidate at Vanderbilt University Law School. His
research interests include legal issues in sports and transactional corporate practice.
Email: dominic.n.keiltvrvanderbilt.edu


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