When it comes to equitable punishment, everyone knows the NFL’s resume is shoddy.
From performance-enhancing drugs (PEDs) and gambling to moral violations and domestic violence, the NFL has yet to be deemed fair when it comes to doling out punishments.
But with their appeal of Deshaun Watson’s suspension, they have the opportunity to create real change.
Watson, Cleveland’s newly acquired quarterback, originally faced criminal charges in Texas of indecent assault, attempted sexual assault and sexual assault, but those charges were dismissed.
Then 24 women filed civil charges against Watson. 23 have now been settled.
During that time, the NFL handed the case to former federal judge Sue L. Robinson to sort through.
On Monday she handed down a six-game suspension for Watson with no fine, after which the league had three days to appeal.
The NFL was rumored to be seeking a season-long suspension and a hefty fine of $8 million.
On Wednesday, the NFL issued its appeal of the suspension.
“Under the 2020 NFL-NFLPA collective bargaining agreement (‘CBA’), the factual findings of the Disciplinary Officer are binding and may not be appealed,” said the NFL in a statement. “Judge Robinson found that Mr. Watson violated the NFL’s personal-conduct policy on multiple occasions and suspended him for six games. The CBA affords the NFL or NFLPA the right to appeal the discipline imposed by the Disciplinary Officer. Such an appeal must be filed within three days and would be heard by the Commissioner or his designee.
“The NFL notified the NFLPA that it will appeal Judge Robinson’s disciplinary decision and filed its brief this afternoon. Commissioner Roger Goodell will determine who will hear the appeal.”
Now NFL commissioner Roger Goodell will determine who will hear the appeal, or, per the CBA, he can decide on it himself.
“The Commissioner or his designee will issue a written decision that will constitute full, final and complete disposition of the dispute and will be binding upon the player(s), Club(s) and the parties to this Agreement,” the CBA states.
So while judge Robinson’s findings can’t be appealed, her decision can be.
And that’s where the NFL can send a message.
Many point to prior cases where the NFL whiffed (the original punishment for Ray Rice), or where they were hypocritically mean (see Calvin Ridley) for comparison to Watson’s case.
But Waston’s case is different as the NFL handed the decision off to an arbitrator.
Yet ultimately, after their appeal, Watson’s future is back in the hands of the NFL.
So the NFL has a choice and an opportunity now.
They can send a message to Deshaun Watson and all future Deshaun Watsons.
Try us and see what happens.
Or they can continue along their current path of light punishments for situations involving domestic violence, sexual assault and sexual harassment.
And the latter shouldn’t just apply to the players, for we see how owners like Dan Schneider can foster an environment around this disgusting culture.
Unfortunately, and infuriatingly, the NFL can’t/won’t/don’t come down as hard on these wealthy owners who basically control Goodell’s employment.
But as it relates to the players, the NFL’s new path to punishment, particularly in cases involving sexually based offenses, flows out and then back to the source.
And that’s where real change can be made.
If Goodell wields the gavel like Thor’s Stormbreaker and comes down forcefully on Watson, he will send a message to everyone that sexually based offenses will never be tolerated by the league.
He will let everyone know that they’ve learned from their mistakes and take these situations seriously.
But if he employs the Nerf version, then it’s sadly and maddingly, politics as usual.
You have a chance commissioner.
Choose wisely.
