• Loading stock data...
Sunday, November 24, 2024
Law

Deshaun Watson’s Hearing Will Test NFL’s Reworked Disciplinary Protocol

  • A former federal judge will serve as arbitrator under terms of the current collective bargaining agreement.
  • Tom Brady and Ezekiel Elliott are among the players who challenged the old system in federal court.
Deshaun Watson
Ken Blaze/USA TODAY Sports

Cleveland Browns quarterback Deshaun Watson’s hearing Tuesday will be the biggest test so far of the NFL’s revamped disciplinary system. 

Former U.S. district judge Sue L. Robinson — not Commissioner Roger Goodell — will be making the initial decision whether to suspend Watson, who settled 20 of 24 sexual misconduct lawsuits last week. 

The league’s new disciplinary system was negotiated as part of the current collective bargaining agreement worked out between the league and the NFL Players Association in 2020. 

The league reportedly is seeking at least a one-season ban. The NFLPA is expected to argue that Watson should avoid suspension altogether, even from the baseline six-game ban for “violations involving assault, battery, domestic violence or sexual assault.”

“Typically, you look back on prior precedent, but there is none,” said Dan Lust, a sports law attorney at Geragos & Geragos and New York Law School professor. “There are 20-plus accusers, which hasn’t happened before. Then you look at what this judge has [done in prior disciplinary NFL hearings] and there’s nothing. There’s also nothing with respect to this particular protocol.” 

Two grand juries in Texas chose not to indict Watson, although the personal conduct policy doesn’t require a charge or conviction to punish a player.

The NFL submitted its investigative report and recommendation to Robinson already as required by the CBA, a source with knowledge of the situation told Front Office Sports. 

Goodell, or somebody he could designate, would hear an appeal filed by the NFLPA once Robinson’s decision has been announced. That appeal would be heard before the start of the regular season, unless the NFL and NFLPA agree on an extension. 

“I think the new system will help Watson because it’s a departure from the normal standard, which traditionally has been league-friendly,” said Lust, who co-hosts the Conduct Detrimental podcast. “Anything different is probably a step in the right direction for Watson.”

The prior system — where Goodell was the sole arbiter of the personal conduct policy — had been challenged in federal court multiple times, most notably by Tom Brady (Deflategate) and Ezekiel Elliott (domestic violence allegations). While Brady’s lawsuit over his four-game ban and Elliott’s lawsuit after a six-game suspension delayed both players’ suspensions, the federal courts ultimately reaffirmed Goodell’s authority. 

Lust said there’s a good chance that Watson could head to federal court if Robinson metes out a lengthy suspension that is upheld by Goodell. 

One argument that Lust noted could work in Watson’s favor in court is his final season with the Houston Texans before he was traded in March to the Browns. Watson appeared on the inactive list each game, meaning he didn’t dress or play a single down while he received his full 2021 salary. 

“He was a healthy scratch in his physical prime for a full season,” Lust said. “If I was the PA or Watson’s lawyers, I would say [a one-year suspension] has the optics of a two-year suspension. The NFL could say they allowed him to play by not putting him on the exempt list, but the fact is Watson didn’t play.”

Linkedin
Whatsapp
Copy Link
Link Copied
Link Copied

What to Read

NFL’s Big Schedule Play: 18-Games, 16 International Matchups on the Table

The league wants to expand its regular season to 18 games, too.

Are NBA, TNT Sports Negotiating Settlement of Lawsuit?

Sources said a settlement that precludes a lengthy trial makes sense for both sides.

Goodell: NFL Eyeing 8 International Games In 6 Countries Next Season

The Giants-Panthers game in Germany concludes the NFL’s five-game 2024 international slate
Vanderbilt Commodores quarterback Diego Pavia (2) throws the ball as Auburn Tigers take on Vanderbilt Commodores at Jordan-Hare Stadium in Auburn, Ala., on Saturday, Nov. 2, 2024. Vanderbilt Commodores defeated Auburn Tigers 17-7.

Vandy QB Pavia Sues NCAA for 2 More Years of Eligibility

Diego Pavia beat Alabama. Can he beat the NCAA’s eligibility rules?
podcast thumbnail mobile
Front Office Sports Today

How Conference Expansion Has Changed College Football

0:00

Featured Today

Can an Elite Women’s Soccer School Survive the New College Sports Moneyball?

Santa Clara faces an uphill battle in the new college sports landscape.
Nov 16, 2024; Washington, District of Columbia, USA; Washington Spirit forward Trinity Rodman (2) celebrates after defeating NJ/NY Gotham FC in a 2024 NWSL Playoffs semifinal match at Audi Field. Mandatory Credit:
November 22, 2024

The Washington Spirit’s Business Makeover Carried Them to the Finals

The team’s return to the NWSL championship looks a lot different from 2021.
Nov 18, 2023; Las Vegas, Nevada, USA; Williams Racing driver Logan Sargeant of the United States (2) during the Las Vegas Grand Prix at Las Vegas Strip Circuit.
November 21, 2024

F1 Grand Prix Upended Vegas Last Year. Stakes Are High for Its..

Stakes are high as F1 gears up for a successful second act.
Classic Football Shirts New York Pop-Up
November 18, 2024

Vintage Soccer Jerseys Have Found a Sweet Spot in the Lucrative U.S...

The money-making shirts are at the prime intersection of memorabilia and fashion.
November 8, 2024

Michael Jordan’s Team Loses Bid for Temporary Injunction Against NASCAR

The teams can still compete, but will miss out on certain guarantees.
Jul 8, 2021; Phoenix, Arizona, USA; Phoenix Suns owner Robert Sarver reacts during the second half in game two of the 2021 NBA Finals at Phoenix Suns Arena. Mandatory Credit:
November 14, 2024

Former Suns Employee Sues Team Over Wrongful Termination, Retaliation

Andrea Trischan was the team’s former DEI program manager.
Sponsored

How UBS Crafts Impactful Partnerships Across Sports, Arts, and Culture

As UBS continues to expand its impressive array of sports and entertainment partnerships, the company solidifies its position as a leader in wealth management.
Brett Favre and Donald Trump
November 7, 2024

What Donald Trump’s Win Means for Welfare Probe, Brett Favre

Favre spoke at Trump’s rally last week in Green Bay, Wis.
October 25, 2024

Everything You Need to Know About the Kawhi Leonard Lawsuit

A longtime trainer of Leonard’s is suing the Clippers for wrongful termination.
Oct 22, 2024; Los Angeles, California, USA; Los Angeles Lakers guard Bronny James (9) and forward LeBron James (23) warm up before a game against the Minnesota Timberwolves at Crypto.com Arena.
October 24, 2024

LeBron and Bronny James Target of Lawsuit Over 2022 Car Crash

They made history Tuesday as the NBA’s first father-son teammates.
Apr 3, 2022; Arlington, TX, USA; WWE owner Vince McMahon enters the arena during WrestleMania at AT&T Stadium.
October 23, 2024

Former WWE ‘Ring Boys’ Allege Vince McMahon ‘Allowed’ Sexual Abuse

The suit claims the WWE and the McMahons “failed these boys.”